HomeMy WebLinkAbout02/06/1996, 1 - APPEAL OF TREE COMMITTEE DECISION TO GRANT TREE REMOVAL REQUEST oi��� ►►�IIII��pnii�U�ll city of San LUIS OBISPO MEETING DATE:
COUNCIL AGENDA REPORT IT NUMB
FROM: Michael McCluskey, Public Works Director
PREPARED BY: Todd Martin, City Arborist
SUBJECT: Appeal of Tree Committee decision to grant tree removal request
CAO RECOMMENDATION:
Adopt a resolution denying the appeal and upholding the Tree Committee's
decision to grant the removal request at 1307 Mill Street
DISCUSSION:
On November 9, 1995, City staff received a tree removal request from Mr. Charles Root of 1307 Mill
Street in San Luis Obispo. The request was for the removal of one camphor tree located in the
parkway in front of 1307 Mill Street. The request was based on the assertion that the tree was
unsightly due to dieback and previous trimming.
City staff inspected the tree and determined that it did not meet the criteria for tree removal as
described in Section 12.24.180 of the San Luis Obispo Municipal Code. The applicant was notified of
this by letter on November 9, 1995, and that the removal request would be placed on the November
27th Tree Committee agenda for consideration. Since there was not a quorum for the November
meeting, the item was moved to the December 18, 1995 agenda. Mr. and Mrs. Root were present at
the December 18th meeting and expressed concerns over the appearance of the tree. They were also
concerned with the tree's health.
Municipal Code Section 12.24.180 C-6 provides guidance for approval or denial of tree removal
requests. One of the following criteria must be met before a removal request can be approved:
A) Does the existence of the tree cause undue hardship to the property owner?
B) Does the removal of the tree promote good arboricultural practice?
C) Will removal of the tree.not harm the character or environment of the surrounding
neighborhood?
The Tree Committee members present at this meeting included Chairperson Ron Regan, Eva Vigil,
Jeff Ferber and Barbara Murphy. After taking into consideration the concerns of the applicant and
their own observations regarding the tree, the members voted unanimously to grant a removal permit.
This decision was based on the following facts:
1) The tree does not contribute to the canopy over Mill Street and is mis-shapen.
2) The tree does not appear to be in good health.
3) The void created by the removal of this tree will be filled by adjacent trees in time.
Based on these findings, the Committee felt removal of the tree would "promote good arboricultural
practice" and would not harm the character of the surrounding neighborhood.
���H�► I�IIIII��Ii��ui����N city of San Luis OBISPO
ni;% COUNCIL AGENDA REPORT
1307 Mill Street
Page 2
After the Tree Committee made its finding, the tree was posted in accordance with the Municipal
Code, to allow for appeals of the Tree Committee decision. On December 28, 1995 the Clerk's office
received an appeal from Torre Houlgate-West. The basis for the appeal was a concern that removal of
this tree might adversely affect adjacent trees due to the intertwining of root systems. The City's
Arborist feels that, based on his experience, removal of this tree will have no affect on adjacent trees.
Alternative: Adopt a resolution denying the removal request.
FISCAL IMPACT:
There is no fiscal impact to the City for either denial or approval of the appeal. The cost of the tree
removal is borne by the applicant.
Attachments: Resolution
Appeal to the City Council received December 28, 1995
December 18, 1995 Tree Committee Meeting Minutes
Tree Removal Application dated November 9, 1995
Arborists letters to applicant
Photographs
RESOLUTION NO: (1996 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING AN APPEAL BY LAURENCE HOULGATE AND
TORRE HOULGATE-WEST OF THE TREE COMMITTEE'S DECISION TO APPROVE
A TREE REMOVAL REQUEST AT 1307 MILL STREET
BE IT RESOLVED by the Council of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after
consideration of the appellant's appeal, and the San Luis Obispo Tree Committee's action,
staff recommendations and reports thereon, makes the following findings:
1. Removing the tree will not harm the character or environment of the surrounding
neighborhood; and
2. Removing the tree will not have any adverse affects on adjacent trees.
3. Removing the tree will promote good arboricultural practice.
SECTION 2. The appeal is hereby denied.
SECTION 3. The decision of the Tree Committee is hereby affirmed.
Upon motion of_ seconded by and on the
following roll call vote:
AYES:
NOES:
ABSENT:
the following resolution was adopted this day of 1996.
Mayor Allen Settle
ATTEST:
City Clerk
APPROV-D AS TO FORM:
J,3
*CAtto
RESOLUTION NO: (1996 SERIES)
A RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO UPHOLDING AN APPEAL BY LAURENCE HOULGATE AND
TORRE HOULGATE-WEST OF THE TREE COMMITTEE'S DECISION TO APPROVE
ATREE REMOVAL REQUEST AT 1307 MILL ST.
BE IT RESOLVED by the Council of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after
consideration of the appelant's appeal, and the San Luis Obispo Tree Committee's action,
staff.recommendations and reports thereon, makes the following findings:
1. Removal of the tree would harm the character or environment of the surrounding
neighborhood; and
2. Removing the tree could have adverse affects on adjacent trees.
3. Removing the tree would not promote good arboricultural practice.
SECTION 2. The appeal is hereby granted.
SECTION 3. The action of the Tree Committee is hereby reversed.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the following resolution was adopted this day of , 1996.
Mayor Allen Settle
ATTEST:
City Clerk
APPROVED AS TO FORM:
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APPEAL TO THE CITY COUNCIL
In accordance with the appeals procedures as authorized by Title, 1, Chapter.1.20 of the
San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of
-//Cc % rendered on !Sr (?ems R 5
which consisted of the following (i.e., explain what you are appealing and the grounds
for submitting the appeal. Use additional sheets as neladed.)
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The undersigned discussed the decision being appealed with:
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Name/Department L (Date)
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Appellant: /
Name/T�tle j Mailing Address (& Zip Code)
Home Phone Work Phone
Representative:
Name/Title Mailing Address (& Zip Code)
For Official Use Only:
Calendared for a Date & Time Received:
c: City Attorney
City Administrative Officer
Copy to the following department(s):
RECEIVED
DEC 2 51995
LUIS CLERK
Original in City Clerk's Office
SAN LUIS OBISPBISP
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Torre Houlgate-West U,
1344 Mill Street
San Luis Obispo, California 93401
(805) 543-8255
Public Works Director
City of San Luis Obispo
25 Prado Road
San Luis Obispo CA 93401
Re: Proposed Tree Removal at 1307 Mill Street — copies to City Council
I am writing to object to the removal of a camphor tree from Mill Street.
The camphor trees are a significant attraction in this area. Since we moved to this block over ten
years ago, we have become aware of great interest in these venerable trees by residents and
visitors alike. I realize the target tree does not constitute part of the canopy at this time, but it is a
close neighbor with canopy trees and its removal may harm them.
The camphors have been abused by accident and improper pruning over the years. The
remaining trees constitute a imperiled community. We cannot accurately predict the effect of
killing one tree whose roots may be enmeshed with others close by.
Other cities have designated historic trees or tree districts. The camphors on Mill and Murray
should be so designated for their protection.
We have witnessed many careless and foolish acts with respect to trees in our city. Roller coaster
street tree policy and regulations have resulted in inadequate care and respect for health and
shape of our trees, which are environmental and esthetic assets.
We have pleaded before especially for preservation of the Mill Street trees. High trucks, for
example, should be prohibited from parking curbside. All vehicles tall enough to endanger the
canopy should be banned. Simple signs posted at either end of the block could accomplish this
end. Sidewalk, street, and utility work should be done with a tree expert (not just any city
worker) standing by.
We need to concentrate our efforts on preserving and enhancing our tree community, and stop
cutting down trees that don't fit the current mold dictated by current authorities. These trees are
many decades old and have endured many local governments. We need to take better care of
them for future generations.
It's time to start caring for our neighbors, the trees who mitigate harsh weather and clean the
very air we breathe.
Sincerely,
�Torr�re Vooulga West
city osAn luis oBispol
APPEAL TO THE CITY COUNCIL
In accordance with the appeals procedures as authorized by Title, 1, Chapter 1..20 of the
San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of .
i- e c rendered on cf c. _ l Sl , i i L S
which consisted of the following (i.e., explain what you are appealing and the grounds
for submitting the appeal. Use additional sheets as needed.) f� r�t,� 15 P
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The undersigned discussed the decision being appealed with:
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Name/Department (Date)
Appellant L o v r c c c p. o v 14 QTc l 3`t `1 rt l•� 5 i 5 � `L 0 1
Name/T'dle Mailing Address (& Zip Code)
zSS 7S 6 — Z SS
Home Phone Work Phone
Representative:
Name/Title Mailing Address (& Zip Code)
For Official Use Only:
Calendared for ?(v Date &Time Received:
c: City Attorney
City Administrative Officer
Copy to the following department(s): � �C E I i,
�I Aei
DEC 2 81995
cm CLERK
Original in City Clerk's Office SAN LUIS OBISPO,CA
► 671 41leMl'
P.O. Box 12628
1344 Mill Street
San Luis Obispo CA 93406
Public Works Director
City of San Luis Obispo
25 Prado Road
San Luis Obispo CA 93401
Dear Sir.
I would like to file a strong objection to the recent request of
Mr. Charles Root to have a camphor tree removed from the area in
front of 1307 Mill Street, San Luis Obispo.
The camphor trees in the block of Mill Street between Johnson
and Pepper streets are historic trees. They are at least 50 years old.
These trees are not only of great historic value, but they are quite
beautiful and are a wonderful source of shade. There is no other
street in our town quite like the 1300 block of Mill Street. Several
times each day, people will come to slowly drive or walk down this
block to see the houses and the great arching camphor trees.
I fear that to kill one of these venerable trees would endanger
other nearby trees whose roots are surely entangled with the roots
of the subject tree.
Please — refuse this request. Save everyone of our camphor
trees on Mill Street.
Yours,
Laurence D. Houlgate
CITY OF SAN LUIS OBISPO
TREE COMMITTEE MEETING
MONDAY, DECEMBER -189 1995
MEMBERS PRESENT: Ron Regan, Barbara Murphy, Jeff Ferber, Eva Vigil
MEMBERS ABSENT: Peggy Mandeville
STAFF PRESENT: Todd Martin, Lisa Woske,
1. APPROVAL OF MINUTES
The minutes of the October 23, 1995 regular meeting were approved as
submitted.
2. TREE REMOVALS
-- 1345 BROAD (Eucalyptus)
The applicant discussed the removal request and the problems they were
'laving with root damage and breaking limbs.
Jeff Ferber noted that some parking lot damage was evident, but that the
entire lot was worn and in poor repair. Although the trees were in a bad
location, he felt they r{ere in good health and benefited the skyline.:
Eva Vigil felt the area was overplanted and tha the problems would just get
worse as the trees grew larger. She favored removal .
Barbara Murphy did not see significan damage caused, but was concerned
about how large the trees would get in that small space.
s
Ron Regan felt there was damage to the driveway and the trees were growing
into the powerline and that problems would increase as the trees grew. He
also favored removal.
Ms. Vigil moved to approve the removal request to promote good
arboricultural practice and require no replacement planting.
The motion died for lack of a second.
Mr. Ferber moved to approve the removal request to promote good
arboricultural practice and require one replacementtree to be planted
within 45 days of the issuance of permit.
Mr. Regan seconded the motion.
TREE COMMITTEE MEETING MINUTES
DECEMBER 18, 1995
PAGE TWO
The motion passed unanimously.
-- 1337 BROAD (Alantha)
The applicant discussed the removal request.
Mr. Regan noted that there was parking lot damage and felt this was a
"volunteer" tree. He favored removal without replacement planting, as
there was not sufficient room.
Ms. Murphy agreed with his comments.
Mr. Ferber favored removal, but felt there was room for a replacement tree .
Mr. Regan moved to approve the removal request to promote good
arboricultural practice and because the property owners were suffering
hardship. He did not require a replacement planting.
Ms. Vigil seconded the motion.
The motion passed 3:1 (Ferber against)
-- 1345 BROAD (Modesto Ash)
The applicant discussed the removal request and was concerned with the
continual maintenance requirements and the aphid problems.
Mr. Martin noted that no one had called for an aphid spray, which the city
performs free of charge. He also noted that the city repaired necessary
sidewalk damage.
Ms. Vigil stated she had not been able to view the tree and would abstain •
from the voting.
Mr. Ferber did not notice particular sidewalk lifting and did not favor
removal.
Ms. Murphy felt the tree was in good health and that spraying would take
care of therdisease. She did not notice any sidewalk lifting.
Ms. Murphy moved to deny the removal request, as no findings could be made .
Mr. Ferber seconded the motion.
The motion passed unanimously (Vigil abstained)
TREE COMMITTEE MEETING MINUTES
DECEMBER 18, 1995
PAGE THREE
-- 1307 MILL (Camphor)
The applicant discussed the removal request and stated the tree was
unsightly and in poor condition.
Mr. Ferber discussed the historical significance of the camphors in that
neighborhood, but agreed the tree was poorly shaped and did not affect the
canopy for the street.
Ms . Vigil felt the trees around this tree were crowded and that the subject
tree was in poor health and did not enhance the canopy effect. She favored
removal to allow the other trees to grow and fill in.
Mr. Regan and Ms. Murphy agreed with the above comments.
Mr. Regan moved to approve the removal request to promote good
arboricultural practice and in doing so, improve the appearance of the
canopy. He did not require a replacement tree.
Ms. Murphy seconded the motion.
The motion passed unanimously.
-- 1789 SAN LUIS DRIVE (Liquid Amber)
The applicant discussed foundation cracks and the continual root problems ,
which. caused sidewalk lifting. They were concerned abobt the liability.
They felt the tree was in poor shape with brittle limbs and did not enhance
the skyline effect.
The Committee was concerned with the lack of evidence for the foundation
damage and felt it was necessary to consider that for the findings.
•
Mr. Ferber suggested realigning or replacing the private sidewalk. He felt
the tree was significant to the neighborhood.
Ms. Vigil felt the tree wr.s a good specimen and suggested root pruning, as
the roots were a good distance from the house.
Mr. Ferber further suggested trenching by the foundation to determine root
damage specifics.
Mr. Ferber moved to deny the removal request, as no findings could not be
made.
Mr. Regan seconded the motion.
The motion passed unanimously.
TREE' COMMITTEE MEETING MINUTES
DECEMBER 18, 1995
PAGE FOUR
-- 2263 FLORA (Monterey Pine)
Ms. Murphy noted that the two trees in the back of the house were dead, the
two next to them were dying, and the fifth tree in that area was in
decline. She felt the side trees had been heavily pruned and looked
healthy, but there might be evidence of tip die-back in the stand.
Mr. Ferber felt that the side trees were in relative good health and could
be saved.
Mr. Regan moved to refer the item back to the City Arborist and to approve
the removal of any trees that were dead or in declining health, keeping any
trees that did not show evidence of pitch canker.
Mr. Ferber seconded the motion.
The motion passed unanimously.
The meeting adjourned at 6:00 p.m. to the next regular meeting of Monday,
January 29, 1996.
Respectfully submitted,
Lisa Woske
Recording Secretary
/- 12..
City Arborist
25 Prado Road
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25 Prado Road • San Luis Obispo, CA 93401
TREE REMOVAL APPLICATION FORM
Applicant: CG(�S Ud Telephone: z
Address: 1307 ,22r � �/
Location of treej'*'
Please indicate nearest cross street: P/1 C C v )7;411'<�V/
Important: A tree removal application will only be considered if
accompanied by a plot plan showing the location and species of
any tree proposed for removal.
/ Tree Species: ` W4 '
Botanical name Common name
Reasons for removing: 1/Lto f
XCr 6�1 — — Nd ti/ W u rLA
Compensatory replacement proposed:
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Applicant/Owner l �a 4ei /C) Date ' G�v
(plot plan attached)
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city
osanluesoaspo
25 Prado Road • San Luis Obispo, CA 93401
November 11, 1995
Charles Root
1307 Mill St.
San Luis Obispo, CA 93401
Your application for tree removal at 1307 Mill St. has been reviewed by the City of San
Luis Obispo Arborist. Since the existing conditions did not allow the City Arborist to make
a favorable finding regarding removal of the trees, the matter has been forwarded to the
City of San Luis Obispo Tree Committee, pursuant to City Ordinance No. 1153, Section
12.24.180.
The Tree Committee, which is comprised of five members, will review your application
and inspect the trees in question. The members will then take up the issue at the next
Tree Committee meeting scheduled for November 27, 1995 at 5:00 p.m. in Conference
Room A at the City Corporation Yard, 25 Prado Road. A copy of the agenda will be sent
prior to the meeting. You are encouraged to attend the meeting.
At the meeting, the City Arborist will provide a brief overview of the circumstances
surrounding your proposed removal of the trees, after which you will be given an
opportunity to explain your reasons for requesting the removal. The Committee members
will then address your concerns and deliberate the facts to determine whether they
should, in fact, grant or deny your request, or provide you with other options.
Any decision rendered by the Tree Committee can be appealed to the City Council if you
are not satisfied with the Tree Committee's decision.
If you have any questions regarding this process, you may contact Todd Martin at
(805)781=7220, Monday through Friday.
Sincerely,
Todd Martin
City Arborist
/o The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
v Telecommunications Device for the Deaf(805) 781-7410. —/
�►���� ��liII1II IIIIIIII IIIII @II►►► ��►III������� ����I City of sAn luis oBispo
25 Prado Road • San Luis Obispo, CA 93401
December 19, 1995
Charles Root
1307 Mill St.
San Luis Obispo, CA 93401
Your application for tree removal at 1307 Mill St. has been reviewed by the City of San
Luis Obispo Tree Committee. After careful consideration of the facts provided by you and
an on-site inspection of the tree, the Committee members have voted to approve your
request. An employee of the City will post the tree for removal within two working days
of the Committee's decision. This "Public Notice" must remain up for ten (10) days to
allow members of the public to appeal the Committee's decision to the City Council. After
this posting period, if no appeal is filed, a tree removal permit will be issued. If an appeal
is received, the City Council will hold a public hearing on the appeal within 45 calendar
days of receipt of the appeal. You will be notified both of the appeal and of the
subsequent meeting by the City Council.
If you have any questions regarding this process, you may contact Todd Martin at
(805)781-7220, Monday through Friday.
Respectfully,
Todd Martin
City Arborist
vapprov.1vrtma5
/O The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
V Telecommunications Device for the Deaf(805) 781-7410. /_'G
MEETING AGENDA
Memorandum DATEITEM #�,
January 30, 1996
'S
To: City Council
From: John Dunn, CAO:::�;�
Via: Mike McCluskey, Public Works Director Ok
Subject: Amendment to Agenda Item #1; Tree Appeal for 1307 Mill
After further review of the tree removal appeal at 1307 Mill St. the CAO recommendation has
been amended to include the following addendum: "Direct staff to install a specimen tree at this
location".
Per the findings of the Tree Committee, a replacement tree was not recommended due to the
subject tree's proximity to adjacent trees. Staff believes, however, that a replacement tree is
appropriate given the current spacing of trees along the 1300 block of Mill St. and the current
rate of growth of the adjacent trees.
2r COUNCIL ❑ CDD DIR
eCAO ❑ FIN DIR
Z(ACAO ❑ CHIEF
VTTORNEY E3 P1V DIR
L.ERIQORIG ❑ POLICE CHF
❑ MGMTTEAM D REC DIR
❑ C READ FILE ❑ UTIL DIR
❑ PEAS DIR '
JAN 3 n 1996 ;
CFTr CLERK..
SAN LUIS OBISPO,CA