HomeMy WebLinkAbout23 DIR-0366-2023 20230727 (1150 Laurel) Tree Decision Letter
July 27, 2023 Sent via Email
Smith and Company, LLC
1150 Laurel Lane
San Luis Obispo, CA 93401
SUBJECT: DIR-0366-2023 (1150 & 1160 Laurel Lane; APNs 004-962-034, -035, -036, -037)
Tree Removal Application SR #13794 – Review of a tree removal and compensatory
planting request for 20 trees (i.e., one (1) redwood, one (1) unknown tree, two (2) ash,
three (3) eucalyptus, and 13 pine trees).
Dear Smith and Company, LLC,
On June 8, 2023, the City received your complete Tree Removal Application requesting to remove 20 trees,
which include one (1) redwood, one (1) unknown, two (2) ash, three (3) eucalyptus, and 13 pine trees, at
the project site in the Office (O) Zone. The existing trees proposed for removal range from 5-inch to 29-
inch in diameter and are located along the street frontage of Laurel Lane. Compensatory plantings are
proposed at a 1:1 ratio and include three (3) 15-gallon magnolia grandiflora ‘Samuel Somers’, eight (8) 15-
gallon arbutus marina, and nine (9) 15-gallon prunus cerasifera ‘Krauter Vesuvius’.
On June 8, 2023, the City Arborist posted a public notice for a Tree Committee Hearing on June 26, 2023
to review the tree removal request. Per Section 12.24.090(E)(3), the tree removal request is based on
property owner convenience and therefore subject to Tree Committee review as described in Section
12.24.090(F)(2). The Tree Committee bases their recommendation to the Community Development
Director on criteria set forth in Section 12.24.090(G) for the removal request.
On June 26, 2023, the Tree Committee reviewed the Tree Removal Application and recommended the
Community Development Director approve the removal request with the following modifications:
• A tree protection plan shall be prepared and implemented to protect all trees that are retained
throughout the entire construction area.
• Existing large trees, identified as #5, 10, and 15 on the site plan of the Tree Removal Application,
shall be retained.
• Compensatory plantings shall be provided at a 2:1 ratio with minimum 24-inch box native, large
specimen trees.
On July 27, 2023, I reviewed your tree removal request for consistency with applicable City development
policies and standards and considered the recommendations of the Tree Committee. After careful
consideration, I have approved your tree removal request as recommended by the Tree Committee, based
on the following findings and conditions of approval:
Findings
1. As conditioned, the tree removal request is consistent with Criterion No. 1 (Size of Tree) because
the existing trees to be retained are larger and therefore more visually prominent in comparison to
the trees to be removed, which are in poor condition due to damage from construction work, lack
of water and proper maintenance, and/or beetle infestation.
DIR-0366-2023
1150 & 1160 Laurel Lane
APNs 004-962-034, -035, -036, -037
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2. As conditioned, the tree removal request is consistent with Criterion No. 4 (Forestry Best Practice)
because the existing trees to be removed are in poor condition and the compensatory plantings,
provided at a 2:1 ratio, shall consist of native, large specimen trees that would increase biodiversity
of the area.
3. As conditioned, the tree removal request is consistent with Criterion No. 6 (Compensatory
Plantings) because the tree replantings would exceed the minimum 1:1 and provide a 2:1
compensatory ratio.
Conditions
1. The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers, and
employees from any claim, action, or proceeding against the City and/or its agents, officers, or
employees to attack, set aside, void, or annul the approval by the City of this project, and all actions
relating thereto, including, but not limited to, environmental review (“Indemnified Claims”). The
City shall promptly notify the applicant of any Indemnified Claim upon being presented with the
Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim.
2. Prior to the start of construction work in proximity to trees, a tree protection plan shall be prepared
for review and approval by the City Arborist. Tree protection shall be implemented in accordance
with City Standard 77-1.03(A)(2) (Tree Protection) of the 2016 Standard Specifications to protect
existing trees to remain where construction work would occur throughout the project site.
3. Existing large trees, identified as #5, #10, and #15 on the site plan of the Tree Removal Application,
shall be retained to the greatest extent possible. If these existing trees cannot be retained, then
compensatory plantings must be provided as detailed in Condition No. 4.
4. Prior to the start of tree removals, a revised compensatory planting plan shall be prepared for review
and approval by the City Arborist and Planning Division. As part of the compensatory planting
plan, the following requirements apply:
a. Trees to be removed shall be compensated at a minimum 2:1 ratio with 24-inch box trees
that are native, large specimens, and listed in the City’s Master List of Street Trees.
b. Compensatory plantings shall be implemented in accordance with Tree Planting Standards
8210, 8220, and 8250.
c. Compensatory plantings shall be irrigated in accordance with all criteria required in the
City Engineering Standards Uniform Design Criteria for Landscaping and Irrigation.
d. Within 60 days of tree removals, a minimum 20 compensatory plantings shall be provided
along, and in proximity to, the street frontage. Remaining compensatory plantings shall be
provided throughout the project site, which consists of 17 acres and four (4) adjacent
parcels, prior to Planning Division final inspection for the associated building permit
(BLDG-1885-2020).
e. If all of the required compensatory plantings cannot be provided onsite due to existing or
proposed development, these plantings may be provided at a nearby, offsite location that
is subject to the approval of City staff. If offsite plantings are requested, the applicant shall
execute a Right-of-Entry or other agreement(s) with the City that includes, but is not
limited to, conditions of implementation, maintenance, and monitoring to ensure
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1150 & 1160 Laurel Lane
APNs 004-962-034, -035, -036, -037
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establishment of the trees. Additionally, the applicant shall obtain all necessary City
permits for work within the offsite planting area.
5. California Fish and Game Code Section 3503.5 prevents the removal of trees with active nests. A
qualified biologist shall inspect trees proposed for removal and determine if there are any active
nests and when young birds are fledged. If there are active nests, then the affected trees shall not
be removed during nesting season between February 1st and August 31st. A report detailing the
status of bird nests shall be prepared by a qualified biologist and submitted to the Planning Division
and City Biologist for review and approval prior to the start of tree removals.
6. The applicant shall submit photos of the newly planted trees by email to Anthony Whipple, City
Arborist at awhipple@slocity.org or by mail to the following address:
City of San Luis Obispo
Public Works – Urban Forest Services
Attention: Anthony Whipple
25 Prado Road
San Luis Obispo, CA 93401
My action is final unless appealed within ten (10) calendar days from the date of the decision. Anyone may
appeal the action by submitting a letter to the Community Development Department within the time
specified. The appropriate appeal fee must accompany the appeal documentation. Per Section 12.24.180
(Appeals), appeals of tree removals reviewed in accordance with the process set forth in Section
12.24.090(F)(2) are appealed to the City Council. Appeals will be scheduled for the next available City
Council hearing date. If an appeal is filed, you will be notified by mail of the date and time of the hearing.
If you have any questions or need additional information, please contact Anthony Whipple, City Arborist
by phone at (805) 781-7021 or email at awhipple@slocity.org.
Sincerely,
Tyler Corey
Deputy Director
Community Development Department