HomeMy WebLinkAbout06-12-2012 ph1 appeal of tree committe decision reg tree removal 1082 san adriano/counci lj acenaa uspout Meeting Date
6-12-1 2
Item Number
PH 1
CITY OF SAN LUIS OBISP O
FROM :
Jay D . Walter, Director of Public Works
Prepared By :Ron Combs, City Arboris t
SUBJECT :APPEAL OF TREE COMMITTEE DECISION TO APPROVE A TRE E
REMOVAL APPLICATION AT 1082 SAN ADRIAN O
RECOMMENDATIO N
Adopt a resolution denying the appeal of the Tree Committee's decision to allow the removal of a
pine tree at 1082 San Adriano .
DISCUSSION
Backgroun d
On February 23, 2012, Ken Maier filed a Tree Removal application (Attachment 1) for the removal
of one pine tree at 1082 San Adriano citing multiple concerns . Mr . Maier proposed replacing th e
pine tree with one shade tree and one apple tree . Mr . Maier is the listed property owner at thi s
address .
The City Arborist reviewed the tree upon receipt of the removal application . As stated in Municipal
Code Section 12 .24 .090 .D .1, when tree removal is not related to property development, the Cit y
Arborist may authorize a tree removal after finding any of the following circumstances :
a.The tree is a hazard to life or property, and removing it is the only feasible way to eliminat e
the hazard ;
b.The tree is dead or dying or damaged beyond reclamation ;
c.The tree is causing severe root damage to public or private property, and removing the tre e
is the only feasible way to eliminate the damage .
In this case, the City Arborist was not able to approve the removal as no major defect, disease, o r
damage was noted .
Per the City's Municipal Code Section 12 .24 .090 .D .2, when the City Arborist cannot authorize a
tree removal, the Tree Committee shall review the application and may authorize removal if it find s
one of the following circumstances :
a.The tree is causing undue hardship to the property owner . Normal routine maintenance doe s
not constitute a hardship, i .e ., cleaning of gutters, leaf raking, or root intrusion into a faile d
sewer lateral, etc .; or
b.Removing the tree promotes good arboricultural practice ; o r
c.Removing the tree will not harm the character or environment of the surrounding
neighborhood .
PHI =1
Tree Committee Appeal — 1082 San Adriano Page 2
Tree Committee Decisio n
On Monday, April 23, 2012 the Tree Committee heard the removal request . All Tree Committe e
members inspected the tree prior to the meeting . This is standard protocol for all tree remova l
requests so that the members can make an informed decision at the public hearing . There were thre e
citizens from the neighborhood at the Tree Committee meeting to speak against its removal . Their
comments generally favored retaining the tree because it was a significant asset to the area . Th e
Committee discussion reflected concern that the tree was nearing the end of its lifespan, wa s
causing damage, and replacement would be an enhancement to the urban forest in this area of th e
City . The Committee allowed the removal of the pine tree based on undue hardship to the propert y
owner, and required two 15-gallon trees to be planted within 45 days of the removal (Attachmen t
2).
Appea l
On April 30, 2012 the City Clerk's office received an appeal (Attachment 4) from Julie Merrill o f
1072 San Adriano regarding the Tree Committee's decision of April 23, 2012 . In the appeal, th e
neighbor stated that the tree removal would change the character of the neighborhood and that th e
tree was healthy . According to Municipal Code Section 1 .20 Appeals, the Council can consider an y
information they deem necessary to make their decision after the appellant is given the opportunit y
to explain why the decision should be overturned .
FISCAL IMPAC T
There is no fiscal impact realized by the City in the denial of the appeal .
ALTERNATIV E
Uphold the appeal.The City Council could choose to uphold the appeal for tree removal, thereb y
requiring the homeowners to retain their tree.
ATTACHMENT S
1.Tree Removal Applicatio n
2.Tree Committee minutes
3.Tree Committee decision lette r
4.Tree Committee decision appea l
5.Municipal Code Sections
6.Resolution denying appeal
7.Resolution upholding appea l
t :\council agenda reports\2012\2012-06-12\appeal of tree removal 1082 san adriano combs)\report-1082 san adriano .docx
PH1-2
Feb 2212 10 :44a MAIER 805-481-1125 p,3
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25 Prado Road , San Luis Obispo, CA 9340 1
TREE REMOVAL APPLICATIO N
**If your tree removal is related to properly development or a remodel, submit your request throug h
the Planning Department at 919 Palm Street as part of your Planning Application .**
IMPORTANT:A tree removal application will only PLEASENOTE :If your tree is approved for
be considered if accompanied by a *sketch/mao*removal and posted, please call the office at th e
showing the street, structure(s) location and end of your posting period to arrange to pick u p
location of all trees proposed for removal . Please your permit .The permit fee is $81 payable whe n
draw on the back of this form or fax on a separate you pick up your permit (cash or check payable t osheet of paper,along with your application .City of San Luis Obispo).
**Please mark the trees proposed to be removed with alarge X with duct tape .
**Treeremovalapplications must be received by the secondMonday of themonthtobe
considered for the meeting on the fourth Monday of the month . PLEASE FILL OU T
COMPLETELY .
Address of tree(s) to be removed :,1 A e —ArAri 21 A-i .18
Nearest cross street : Van) PY C3 CAt)'ot4 Dog in yard?Yes
Owner J/ e yi n t, riot V . ! 0.1 e.e'"Telephone :4¢►,f T [L S
Owner's Mailing Address : Ze 7 SemiE.l5i frt .') tg I W Y O a U M -Zip Code :?d 2
Applicant (if other than owner):Telephone :
Applicant 's mailing address :Zip Code :
Tree species (Common names):_j
Reasons for requesting removal :
i,1 Licrllula 'lv~tr+3l~~/-~ C. MI11NELALYe. -AL.Salig ?1A CT-Pr-Cull-VSMg
L ! te r)t ,t U ..Rbo13 Alit,PwN> ~Ga)e%5tuRFA C
Replacement tree planting proposed (REQUIRED):
$'lr3T)At 1'Vr t3 'vr Pc4'.nr)ir)Amon um??ai r
* Application wilt be considered only if entirely filled out and signed by owner :If consideration of thi s
application goes to Tree Committee,you or your agent are required to attend the meeting and will be notified .
* If lane closure is required to perform the tree removal work ; an encroachment permit must be obtained fro m
the City Public Works department of 919 Palm Street .
* Tree Removal•permit'is va)id for 6 month s
* Any required "replacement trees" must be installed within 45 days after removal .
MAIL OR FAX completed form to : City Arborist, 25 Prado Rd ., San Luis Obispo, CA 93401 ,
Phone : 781-7220 Fax : 542-986 8
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The City of San Luis Obispo is committed to include the disabled in all of it services, programs and activities, Telecommunications Device fo rthe Deaf (805) 781-7410 .Rev . 5-1 1
PH1-3
Owner :
Applicant :
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PH1-4
TREE COMMITTEE MEETING MINUTE S
MONDAY, APRIL 23, 201 2
Corporation Yard Conference Roo m
25 Prado Road, San Luis Obisp o
MEMBERS PRESENT : David Hensinger,Suzan Ehdaie, and David Savor y
STAFF PRESENT :
Ron Comb s
PUBLIC COMMEN T
Scott Inman, 2330 Ganador Ct ., reported that two trees had been removed in hi s
neighborhood and no replacement plantings had been installed within the require d
45-day timeframe . He also noted that the property owner believed that only on e
tree needed to be planted ; the minutes showed that two replacement trees wer e
required .
Staff agreed to look into the matter .
MINUTES : Approval of Minutes of February 27, 201 2
Mr . Savory moved to approve the minutes as submitted .
Mr . Hensinger seconded the motion .
The motion passed unanimously .
TREE REMOVAL APPLICATION S
1082 SAN ADRIANO (Italian stone pine )
The applicant discussed the previous removal request for the tree that had bee n
denied, and reported that the tree continued to cause significant damage to th e
street and driveway . He also noted the tree had split at approximately 3' and tha t
the tree had to be pruned around the lamppost . He discussed the desire t o
landscape the area and replacement tree planting .
Mr . Combs reported that the tree was healthy and he could not make his necessary
findings to approve the removal .
2
Julie Merrill, 1072 San Adriano, felt the tree was a significant asset to th e
neighborhood in terms of scale, shade, windbreak, and nature habitat . She note d
that during the previous removal request four years ago, a large portion of th e
neighborhood came out to oppose the removal ; she stated that same faction stil l
opposed the removal .
Sally Campbell, 1075 San Adriano, agreed with Ms . Merrill's comments an d
stated the tree had been poorly pruned and the lack of landscaping was a detrimen t
to the area and that the bare space was currently used as parking spaces for tenan t
trucks . She felt proper maintenance would enhance the tree's health an d
suggested planting a shade garden underneath it and commit to watering it .
Tom Robinson, 1072 San Adriano, agreed with the previous neighbor comment s
and favored retaining the tree, as its removal would negatively impact the area .
Mr . Combs felt the root issues would still be a problem for the area, even if th e
tree had been better maintained .
Mr . Savory felt the tree was nearing the end of its lifespan and agreed it wa s
causing damage . While he believed the tree was an asset to the area, he stated that
removing the aging tree with a suitable replacement would long-term enhance th e
urban forest .
Mr . Hensinger moved to approve the removal request, based on undue hardship t o
the property owner, and required two 15-gallon trees to be planted within 45 day s
of the removal .
Mr . Savory seconded the motion .
The motion passed unanimously .
PHI-6
April 25, 201 2
Kenneth K. Maier
287 Sunrise Terrac e
Arroyo Grande, CA 9342 0
Your application for tree removal at 1082 San Adriano,has been reviewed by th e
City of San Luis Obispo Tree Committee . After careful consideration of the fact s
provided by you and an on-site inspection of the tree(s), the Committee member s
have voted to approve your request for removal of the pinetree .The "Publi c
Notice" must remain up for ten (10) days to allow members of the public to appea l
the Committee's decision to the City Council . After this posting period, if no appea l
is filed, a tree removal permit will be issued . The cost of the permit is $81 .00 ,
payable with cash or check only .You will need to call 781-7220 to arrange to pic k
up and sign for the permit .
If an appeal is received, the City Council will hold a public hearing on the appea l
within 45 calendar days of receipt of the appeal .You will be notified both of th e
appeal and of the subsequent meeting by the City Council .
Please note that you are required to plant 2-15 gallon replacement trees as
noted on your permit.
If you have any questions regarding this process, you may contact Ron Combs a t
(805)781-7023, Monday through Friday .
Respectfully,
Ron Comb s
Urban Foreste r
commappr
city of San Luis osisp o
990 Palm Street, San Luis Obispo, CA 93401-324 9
May 1, 201 2
Julie Merrill
1072 San Adriano Stree t
San Luis Obispo, CA 9340 5
RE :APPEAL OF TREE COMMITTEE DECISION REGARDING TRE E
REMOVAL REQUEST AT 1082 SAN ADRIANO STREET
Dear Ms, Merrill :
In reference to your appeal being heard by the City Council, City code requires an appea l
to be set for the next reasonably available council meeting, but in no event later tha n
forty-five calendar days after the date of the filing of such notice of appeal with the Cit y
Clerk .
This is to advise you that the appeal hearing has been set for June 12, 2012 at 7 :00 P .M.
at the Council Chambers, 990 Palm Street, San Luis Obispo, CA .
If you have any questions, please give me a call at 781-7102 .
Sincerely ,
Sheryll Schroeder
Interim City Cler k
Cc : Ron Comb s
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities .PH 1-8
Telecommunications Device for the Deaf (805) 781-7410 .
PH1-9
Filing Fee : $264:00*Paid 104 .x°
NIA
*REFER TO SECTION 4
Date Received
fe city of
san i s o~ spa
APPEAL TO THE CITY COUN C
SECTION 1 . APPELLANT INFORMATIO N
Name
Phone
c (Y7 Sai(A M4 ,C
Mailing Address and Zip Code
Representative's Nam e
(.ail s'Ccm e 2~.di
Mailing Address and Zip Code
Z e tr.\
Title Phone Fax
SECTION 2. SUBJECT OF APPEA L
1 .In accordance with the procedures set forth in Title 1,Chapter 1 .20 of the San Luis Obisp o
Municipal Code (copy attached), I hereby appeal the decision of the :
'RA Connbs Tree C r .A01d ZviZO l2.i(Name of Officer, Committee or Commission decision being appealed)
The cjgft the decision being appealed was rendered :_. \ 2-32c Z.--
3.The application or project was entitled :vn of -.-Q.r e t.L e. 4
o 53 1 ay.0, t,,
4.I discussed the matter with the following City staff member :
Roy .CO
(Staff Member's Name and Department )
5.Has this matter been the subject of a previous appeal? If so, when was it heard and by whom :
SECTION 3 . REASON FOR APPEA L
Explain specifically what actionis you are appealing and kw you believe the Council should consider you r
appeal. Include what evidence you have that supports your appeal . You may attach additional pages, if -
necessary, This form continues on the other side .
Page 1 of 3
Reason for Appeal continue d
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This item is hereby calendared for
cc: City Attorney
City Manager
Department Hea d
Advisory Body Chairperson
Advisory Body Liaiso n
City Clerk (original )
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CIA.'TIAN-
Municipal Code Sections
Attachment 5 -1
12 .24 .090 Tree removal .
A . Policy . The city values trees as an important part of the natural and economic environment and effort s
shall be made to preserve them whenever possible and feasible . When reviewing requests for tre e
removal permits, the city shall discourage removing desirable trees and shall consider approving remova l
of desirable trees only as a last resort alternative for the applicant .
B . Permits for Removal . Removing any tree in the city shall require a tree removal permit, except a s
otherwise provided in this chapter .
C . Tree Removal Not Related to Property Development .
1.Removing a tree in all zones except as otherwise provided in this chapter shall require a
permit issued by the public works department .
2.An application for a tree removal permit issued by the public works department shall include :
a.A site plan showing the location and species of any tree proposed for removal ;
b.All information to support the reason for removal ;
c.Any other pertinent information to the request, including documentation of propert y
damage .
D . Removals for Tree Health or Hazard Mitigation .
1 . The city arborist may authorize a tree removal upon receipt of a removal application withou t
the need for a permit from public works upon finding any of the following circumstances :
a.The tree is an imminent hazard to life or property, and removing it is the only feasibl e
way to eliminate the hazard ;
b.The tree is dead or dying or damaged beyond reclamation ;
c.The tree's roots are causing severe damage to public or private property, and removin g
the tree is the only feasible way to eliminate the damage .
2 . When the city arborist cannot authorize a tree removal, the request shall be reviewed by th e
tree committee, which may authorize removal if it finds one of the following circumstances :
a.The tree is causing undue hardship to the property owner . Normal routine maintenanc e
does not constitute a hardship, i .e ., cleaning of gutters, leaf raking, pruning or root intrusio n
into a failed sewer lateral, etc .; or
b.Removing the tree promotes good arboricultural practice ; or
PHI 11
Municipal Code Sections Attachment 5 -2
c . Removing the tree will not harm the character or environment of the surroundin g
neighborhood .
12 .24 .180 Appeals .
A.In accordance with the provisions of Chapter 1 .20,any person aggrieved by an act or determination of
the staff in exercising the authority herein granted shall have the right to appeal to the tree committee ,
whose decisions are appealable to the city council .
B.Appeals received by the city clerk within ten calendar days from the date of determination or act shal l
cause the public works director to withhold tree removal permits and stop any construction or demolitio n
activity affecting the subject tree until the appeal is heard and a decision is reached . (Ord . 1544 § I (part),
2010)
PH1-12
ATTACHMENT 6 -1
RESOLUTION NO .(2012 Series )
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
DENYING AN APPEAL TO THE TREE COMMITTEE DECISION
TO APPROVE A TREE REMOVAL REQUEST .AT 1082 SAN ADRIAN O
WHEREAS,the Tree Committee of the City of San Luis Obispo held a public hearing o n
April 23, 2012, and approved the property owner's request to remove one pine tree located in th e
front yard at 1082 San Adriano, San Luis Obispo, California ("Property"); an d
WHEREAS,on June 12, 2012, the City Council of the City of San Luis Obispo held a
public hearing to consider an appeal of the Tree Committee's decision to approve the removal of on e
pine tree at the Property ,
NOW,..THEREFORE, BE IT . RESOLVED _bythe Council of the City of San Lui s
Obispo as follows :
SECTION 1 .Findings :The City Council, after consideration of the appeal of the San Lui s
Obispo Tree Committee's action, staff recommendations and reports thereon, and public testimony ,
makes the following findings :
The damage the tree is causing to the owner's driveway and the public street constitute s
undue hardship to the Property Owner .
b . Removing the tree will not harm the character of the surrounding neighborhood .
SECTION 2 . The appeal of the Tree Committee's decision to approve the property owner's
request to remove one pine tree at 1082 San Adriano is hereby denied and the property owner ma y
remove the tree with two replacement trees required to be planted,as required by the Tree Committe e
and directed by the City Arborist, at the property owner's cost .
Upon motion of , seconded by
and on the following vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this day of 2012 .
Mayor Jan Mar x
ATTEST :
R
PHI-13
Resolution No . (2012 Series)
Page 2
Sheryll Schroede r
Interim City Cler k
APPROVED AS TO FORM :
J . Christine Dietric k
City Attorney
ATTACHMENT 7 -1
RESOLUTION NO .(2012 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
UPHOLDING AN APPEAL TO THE TREE COMMITTEE DECISIO N
TO APPROVE A TREE REMOVAL REQUEST AT 1082 SAN ADRIAN O
WHEREAS,the Tree Committee of the City of San Luis Obispo held a public hearing o n
April 23, 2012, and unanimously approved the property owner's request to remove one pine tre e
located in the front yard at 1082 San Adriano Court, San Luis Obispo, California ("Property"); and
WHEREAS,on June 12, 2012, the City Council of the City of San Luis Obispo held a
public hearing to consider an appeal of the Tree Committee's decision to approve the removal of on e
pine tree at the Property ,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .Findings :The City Council, after consideration of the appeal of the San Lui s
Obispo Tree Committee's action, and staff recommendations and reports thereon, and publi c
testimony makes the following findings :
a.The damage the tree is causing to the owner's driveway and the public street do not constitut e
undue hardship to the Property Owner .
b.Removing the tree will harm the character of the surrounding neighborhood .
SECTION 2 . The appeal of the Tree Committee's decision to approve the property owner's
request to remove one pine tree at 1082 San Adriano is hereby upheld, and therefore removal of th e
pine tree is not approved .
Upon motion of seconded by
and on the following vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this day of 2012 .
Mayor Jan Mar x
ATTEST :
R
PH1-15
Resolution No . (2012 Series)
ATTACHMENT 7 -2
Page 2
Sheryll Schroede r
Interim City Cler k
APPROVED AS TO FORM :
J . Christine Dietric k
City Attorney
PH1-16