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HomeMy WebLinkAbout02/06/1996, 2 - APPEAL OF TREE COMMITTEE DECISION TO DENY TREE REMOVAL REQUEST AT 1789 SAN LUIS DRIVE i'II�III city o f San LUIS OBISpo MEETING DATE: d-b-Flo COUNCIL AGENDA REPORT GVMrna ITEM NUMBER: FROM: Michael McCluskey, Public Works Directorjy,/� PREPARED BY: Todd Martin, City Arborist SUBJECT: Appeal of Tree Committee decision to deny tree removal request at 1789 San Luis Drive CAO RECOMMENDATION: Adopt a resolution denying.the appeal of the Tree Committee decision to deny the removal request at 1789 San Luis Drive DISCUSSION: On November 6, 1995 City staff received a tree removal application from Mr. John Wallace of 1789 San Luis Drive in San Luis Obispo. The request was for the removal of a liquidamber tree located in the front yard of 1789 San Luis Drive. The request was based on the claims that roots from the tree were damaging a concrete walkway leading from the public sidewalk to the front entrance to the home and also the homes' foundation. City staff inspected the tree and determined that is 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 27th meeting, the item was moved to the December 18, 1995 agenda. Mr. and Mrs. Wallace were present at the December 18th meeting. Mr. Wallace noted damage to the home's foundation and to a concrete walkway. Mr. Wallace also expressed concern over liability incurred as a result of the walkway damage. 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? After careful deliberation the Tree Committee was unable to make the findings necessary to approve the removal request per the Municipal Code. December 28, 1995 Mr. and Mrs. Wallace filed an appeal with the City Clerk's office appealing the Tree Committee decision per the Municipal Code, Chapter 12.24.180 H. The appeal contained further reasons for removal, which were not made known to the Tree Committee at the December 28th meeting. The applicant expressed concern that a "common wall" was being damaged by the tree, J-1 ��►►nni�I►I�Illflll�pl���`11 city of san lues oBispo COUNCIL AGENDA REPORT 1789 San Luis Drive Page 2 causing a potentially dangerous situation. An inspection of the wall by city staff failed to reveal any visible damage to the wall. Furthermore, an inspection for visible foundation damage revealed none. There is, however, an 18" stump located approximately one foot from the foundation where the damage is said to have occurred. Due to the close proximity of the stump, it is possible that any existing damage was caused by this root system rather than that of the tree proposed for removal. Alternative: Adopt a resolution approving the appeal. 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 6, 1995 Arborists letters to applicant Photographs - Cocnel 1 &,A C A 0 dAty c2 RESOLUTION NO: (1996 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FOR A TREE REMOVAL REQUEST AT 1789 SAN LUIS DRIVE. BE IT RESOLVED. by the Council of San Luis Obispo as follows: SECTION 1. Findings . That this Council, after consideration of the applicant' s appeal, and the San Luis Obispo Tree Committee' s action, staff recommendations and reports thereon, make the following findings: 1 . The. tree is not causing undue hardship to the property owner; and 2 . Removing the tree does not promote good arboricultural practice; and 3 : Removing the tree will harm the character or environment of the surrounding neighborhood. 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: 1789sanluis.res/tmq *0A00 ®v _ 02-3 RESOLUTION NO. (1996 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING THE APPEAL BY JOHN WALLACE OF THE TREE COMMITTEE'S DECISION TO DENY TREE REMOVAL REQUEST AT 1789 SAN LUIS DRIVE. BE IT RESOLVED by the Council of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the applicant's appeal, and the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, make the following finding: 1. The tree is causing undue hardship to the property owner. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of , 1996. Mayor Allen Settle ATTEST: City Clerk APPROVED AS TO FORM: vl/f - Q. AILY Attu by 12�28/95 14:57 S 408 375 4124 uunniun ti w»uu. r .uc Fill city osAn luis oBispo Ili 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 . . .... rendered on - which n _which Consisted of the following (i.e., explain what you are iappealing and the grounds for submitting the appeal. Use additional sheets as needed.) Please see attached. 1 The undersigned discussed the decision being appealed Oth: The Tree Committee On • Name/Department (Date) Appellant: John and Sandy Wallace 1789 San Luis Drive, SLO,CA 93401 NamelTitle - Maili g Address (& Zip Code) (805) 594-1766 Home Phone Work Phone rHarry`A aWallllace, Esq. 27].1. Garden Roadr Monterey, CA Representative: _ Name/17tle Mallio Address (& Zip Code) 83940 ror Official UBrt Only. Calendared for A/6,/96 Date � Time_f wived: c: City Atloinky City Administrative Officer �,,�re I V Cs 0 Copy to the following department(s): DEC 2 81995 CLSAK SAN LUIS OBISPO'Ch Original in City Cleik'IS Office /J ` • 12/28�95 14:58 S 400 375 4124 DUNNION & ASSOC. P.03 Attachment to Appeal John and Sandy Wallace 1789 San Luis Drive San Luis Obispo, CA 93401 APPEAL OF•,�'RE8 COMMITTEE ,DECISION..OF.,,D.��EHBER.�B�__}��. XNp NOTICE TO CITY OF SAN LUIS OBISPO OF DANGEROUS CONDITION John and Sandy Wallace have applied for permission to remove a tree on their property. The reasoning is straight ;forward and logical. They made application based upon very substa�Itial undue hardship and their belief that removal of the tree would not harm the character of the surrounding neighborhood. The Tree Committee rejected the application. John and Sandy Wallace respectfully appeal the committee's decision. It is the Wallace family's firm belief that the costs and risks that they and their neighbors and the City of San Luis Obispo face, directly relating to the tre$, far outweigh the environmental benefit of the tree. UNDUE HARDSHIP A. Walkway - Personal Injury Litigation The Wallace family made application as the tree has opened them to litigation regarding a personal injury claim. Over the Thanksgiving Holiday a relative tripped and fell over a walkway on the Wallace property. The walkway had been raised over one inch owing to the root system of the tree in issue. The raised walkway is now out of code. A negligence per se situation exists. The situation is owing only to the tree root system. The claim is being made for personal injuries. This relative is extremely litigious. She has filed prior claims for trip and fall, store employee negligence and motor vehicle: accident. In this particular claim, liability will clearly be adverse to the Wallace family. There is no reason to expect that a similer accident wouldn't occur. It actually is far more likely than not. It is a very tenuous position to hold that the benefit to the local environment is outweighed by strong likelihood of future substantial injury to .12/28/95 14158 $ 408 375 4124 DUNNION & ASSOC. P.04 Appeal of Decision and Notice of Dangerous Condition Ra: 11§11age Residence 1789 San Luis Drive San Luis Obispo, CA December 28, 1995 Page 2 of 3* those using the walkway. B. Residence Foundation Further grounds for the application is the ongoing damage the root system the tree is causing to the foundation of the Wallace residence. Repair to the foundation, and adjoining walls, will conservatively cost the Wallace family $7, 500.00. C. common Wall Further grounds for hardship is the foreseeable substantial property damage that may be caused by the root system of the tree in issue. The root system will cause larger cracks to appear in the common wall between the Wallace properly and the property directly to the south. Repair / .replacement of this wall will conservatively cost $4 , 000.00. Should the wall become unstable owing to the root system, it is quite foreseeable that the wall could fail. As the City of San Luis Obispo is aware, the neighborhood has many young children. It is not difficult to imagine a young child playing on and around the wall. Owing to an instability, the wall could well fall and cause extremely serious injuries to that child. Again, the Wallace family believes that weighing the benefit to the risk clearly leads to the conclusion their application should be granted. D. Root system The personal injury and property damage involved is owing to the root system of the tree. It must be clearly noted that the roots of concern extend in three out of four directions. One cannot simply remove a single root and expect the total situation to be remedied. Major roots in three separate direction would have to be removed. This clearly would kill the tree. A remedy to the hazards of simply removing the roots involved is not viable. o2-7 • 12z28Z95 14:SY S 4Ub .5I7 4124 uunnlun 6 H7ZUk.. r. nz, Appeal of Decision and Notice of Dangerous Condition Re: Wallace Residence 1789 Ban Luis Drive San Luis Obispo, CA December 28, 1995 Page 3 of 3. CHARACTER OF SURROUNDING NEIGHBORHOOD Members of the Tree Committee expressed to the Wallace Family that a substantial reason for denying the tree removal application was the uniqueness and rarity of the species of tree involved. It was said that this was the only tree of its type in the neighborhood. The Wallace family wish to point out that this observation of the committee is inaccurate. The residence directly to the north of the Wallace family has three full grown trees of the exact same species. The tree in issue is not unique or rare. MTICE TO CITY OF BAN LUIS OBIBPO.RE,.DANQEROUB CONDITION The City of Ban Luis Obispo, through its Tree Committee, has refused to allow the Wallace family to remedy a dangerous condition. The City of Ban Luis Obispo clearly is on actual notice of this situation. The Wallace family has no choice but to sue the City of San Luis Obispo for indemnification for any and all claims of personal ipjury arising from their inability to rectify a clearly hazardous condition owing to the City of Ban Luis Obispo's refusal to allow for removal of the tree causing such condition. The City of Ban Luis Obispo, through its Tree Committee, has refused to allow the Wallace family to remedy a condition whereby their tree has caused, and continues to cause, damage to a wall commonly shared vith their neighbors directly to the south. The City of Ban Luis Obispo clearly is on ac ual notice of this situation. The Wallace family has no choicq but to sue the City ooh San Luis Obispo for indemnification for ahy and all claims of property damage arising from their inability to rectify a clearly hazardous condition owing to the City of San Luis Obispo's refusal to allow for the removal of the tree causing such condition. F: \DATA\RAW.MEM -91 • 12 20%J5 14150 a 400 3'5 4124 DUHNION 6 ASSOC. 1`.01 TEE ,PFAX TRANSMISSION zM: Harry A. Wallace, Esq. P.O. BOX 689 Pebble Beach, CA 93953 2711 Garden Road Hontorcy, CA 93940 (408) 373-8035 (408) 375-4124 -T.. ckw TO: City Clerk City of San Luis Obigpo (805) 783-7309 DATE: December 28, 1995 - - - - - - - - - - - - - - - RE: Appeal of Rejection of ApplJcation for Removal of Tree John and Sandy Wallace 1789 San Luis Drive San Luis Obispo, CA 93401 Five pagca' total ocnt by tcicfax, original Will NOT follow by U.S. Mail . This telPfaxed transmitted document Is to be the original for purposes of appeal and notice of dangerous condition. CITY OF SAN LUIS OBISPO TREE COMMITTEE MEETING MONDAY, DECEMBER 18, 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 having 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 were in good health and benefited the skyline. Eva Vigil felt the area was overplanted and the 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. e 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 replacement tree to be planted within 45 days of the issuance of permit. Mr. Regan seconded the motion. TREE COMMITTEE MEETING MINUTES DECEMBER 18, 1995 'AGE TWO The motion passed unanimously. -- 1337 BROAD (Alanths) 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 thefdisesse. 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 ciaused sidewalk lifting. They were concerned about 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 w,.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. ,2/� TREE ' COMMITTEE MEETING rnaNUTES DECEMBER 189 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 o?/3 V ,• �nI.GJ�//�� ^ � i'tlCLLI'i1 W[II�)lt'CeU Lut'lll , z� �iG•. Ll ity Arborist 25 Prado Road �11j1 IIIIIIIIIIIIII �IIIIIIIIIIIIII �Z����� ��iliillllll� IIIII citySLO, CA 9 3401 oaspo 25 Prado Road • San Luis Obispo, CA 93401 TREE} REMOVAL APPLICATION FORM Applicant: -,J-oh 7 A�y�� -PAn j,,99 bL)1'9&jfGb Telephone: Address: Location of tree(s) : l ka ; CAA Ljt�'-r Please indicate nearest cross street: fiy,d e,,-, i`S 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: L-rL#;lsl� L, 4 Botanical name Comm naive Reasons for removing: r21(n��9�� ;y � G`4►/_[��Q a iIDO P CT JAW `t'tn.,_ ►2, bl�.w� S°� r;C, Y � ��1 �',�i�s.erQ -�v/� t� E���,`,�C�� M i Compensatory replacement proposed: .� Comments: Applicant/owner W Date (plot plan attache ) tremowaldrm/tm#2 PLOT PLhMJ 179q S, LvLs t>Q iv15 ff/� S � C N � p L � v � s - �ND��wS b L 1.ilucL E1 o, o2-�S licity tuis oaspo 25 Prado Road • San Luis Obispo, CA 93401 November 9, 1995 John and Sandra Wallace 1789 San Luis Drive San Luis Obispo, CA 93401 Your application for tree removal at 1789 San Luis Drive 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 trreview.ltr1e5 V� The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805) 781-7410. /)/� ►������ ��ii����►IIIII 111111 �►���� �����il IIII city1U�S - OBISPO 25 Prado Road • San Luis Obispo, CA 93401 December 19, 1995 John and Sandra Wallace 1789 San Luis Drive San Luis Obispo, Ca. 93401 - Your application for tree removal at 1789 San Luis Dr. was reviewed by the City of San Luis Obispo Tree Committee on December 18, 1995. After careful consideration of the facts provided by you and an on-site inspection of the tree, the Committee members have voted, in compliance with Municipal Code Section 1224.180.0.6, to take the following actions: a. The tree is not causing undue hardship. b. Removal would not promote good arboricultural practice. C. Removal would harm the character of the environment of the surrounding neighborhood. The decision of the Committee is final unless an appeal, in accordance with Municipal Code Section 1.20.020 - 1.20.050, is filed with the City Clerk's office within ten (10) days of the Committee's decision. An appeal may be filed by any person aggrieved by a'decision of the Committee. You are reminded that the Tree Ordinance (#1153 - 1989 Series), Section 12.24.131, Protection of, Trees, reads in part: C. No person shall willfully injure, disfigure, or intentionally destroy by any means any tree growing within the planting area or elsewhere within the jurisdiction of this ordinance, except with permits described elsewhere in this chapter. G. Any person deemed responsible for damaging a tree or removing a tree without a permit as described in this ordinance shall be liable for damages to the city in an amount equal to the value of the tree plus costs incurred to assess damages. Tree values shall be established according to evaluation standards of the International Society of Arboriculture. If you have any questions regarding this matter, you may contact Todd Martin at (805)781-7023, Monday through Friday, 7:30 a.m. - 4:30 p.m. Respectfully, h-zCt*✓��- Todd Martin, City Arborist 1789sanluis/denial#5 /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. -/ hE JG AGENDA C;21 CITY CLERK MEMORANDUM DATE a�ITEM # _ T�?..;.:9E`. c;:i:•'•,y;�`:r.w...r.:.....:::: ..J:::?:i;<:ii}i}:.,ir.,;.J}:::.,}:....:::,..,:• �•.. J..'}1:..r :. :.:.::.rr.n.:.::.,r.:•:::tn}}K. }..r.. ;p:..v:..r:.::4. ..n.:.':;.:n:.::.:::. ..:..,.v';}..O::K:.iy:.::.::.i':f;.v}}:!.}::i::::>. . vm.r;: Y... •::;,•r,.:RJ:;f}$p:pv.,}:v:n:v.jJ::i::i:..., .�>:•, .�A. vw.vivvH,,\Kw.W.wn..n. i�.....:...::: ..n::. 3 ..v.....:::iyJ::::n.:::::.:ii}}:iii}... ••• v.BnlG.riv.%;!<vn.v::IX:KL•i:vi::i:l�:<v..wn '!:>.i} ::Y•.M ••J:.A :;r•:}J:r''"n February 6, 1996 TO: City Council FROM: Kim Condon, Assistant City Clerk SUBJECT: 2/6/96 AGENDA ITEM AC - TREE APPEAL SAN LUIS DRIVE John and Sandy Wallace, the appellants and applicants on Item #2, are unable to attend tonight. Due to the number of items already scheduled for February 20th, and with the Wallace's agreement, it is requested that this item be continued to a date certain; I�esday, March 5, 1996. c: John Dunn, City Administrative Officer Ken Hampian, Assistant City Administrative Officer Jeff Jorgensen, City Attorney Arnold Jonas, Community Development Director sly 7yy.�� q spr- �.. 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