The URL can be used to link to this page

Home My WebLink About06/16/1998, 4 - 364 BUCHON TREE REMOVAL APPEAL Council -lip-91 j agenda nepont CITY O F SAN LUIS O B I S P O FROM: Michael McCluskey,Public Works DirectorJFW---'*" Prepared By: Todd Martin, City Arborist.* SUBJECT: Appeal of Tree Committee decision to approve tree removal request CAO RECOMN ENDATION Adopt a resolution denying the appeal of the Tree Committee's decision to approve the removal request at 364 Buchon. DISCUSSION On February 28, 1998, City staff received a tree removal request from Mr. Paul Lossing of 364 Buchon Street in San Luis Obispo. The request was for the removal of one large evergreen ash located at this address. The request was based on the assertion that the tree was too large for the location, and as such, is a financial burden to Mr. Losing who must maintain this tree. Property damage concerns were also part of the basis for this removal request. The tree in question is a filly mature evergreen ash located approximately eight feet (8') from the residence at 364 Buchon. Aside from undulations in the asphalt drive resulting from shallow roots, there is no apparent damage to the structure itself as a result of this tree. There are several cracks in the concrete walkway located between the house and the tree and are probably due to tree roots. Several small cracks in the stucco of the exterior wall of the house may or may not be attributable to the tree. The applicant has also experienced root intrusion into his sewer lateral and has had to periodically have this lateral cleared of tree roots. Annual pruning costs are also a major concern. City staff inspected the tree and determined 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 April 1, 1998, and that the removal request would be placed on the April 27'b Tree Committee agenda for consideration_ 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? �7 Council Agenda Report—364 Buchon Tree Removal Appeal Page 2 The Tree Committee members present at this meeting included Chairperson Ron Regan, Steve Caminiti, Curt Illingsworth, Jane Worthy and Barbara Murphy. After taking into consideration the concerns of the applicant and their own observation regarding the tree, the members voted unanimously to approve the removal permit. The decision was based on finding that due to the large size of this tree and its proximity to the existing structure, finther damage is inevitable, which will only add to the already high cost of maintaining this tree in a safe manner. Thus, the Tree Committee felt that the existence of this tree created an undue hardshiQuvon the property owner and thereby approved the removal application in accordance with the Municipal Code Section 12.24.180 C-6. On May 19, Mr. Lossing was notified of the Committee's decision by letter. On May 20, the City Clerk's office received an appeal from Ms. Paula Huddleston of 477 Buchon Street. In her appeal,Ms. Huddleston states'inadequate justification"for removal as the basis for her appeal. FISCAL EWFACT There is no fiscal impact to the City for either denial or approval of the appeal. The cost of the tree removal if the appeal is denied is borne by the applicant. ALTERNATIVES: Adopt a resolution upholding the appeal. Attachments: Resolution denying appeal of the Tree Committee Resolution upholding appeal of the Tree Committee Appeal to the City Council received May 20, 1998 May 18, 1998 Tree Committee Meeting Minutes Tree Removal Application dated February 28, 1998 Arborist's letters to applicant I:CCageuda Reports/364 Buchan Tree Appeal y� RESOLUTION NO. (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FOR A TREE REMOVAL REQUEST AT 364 BUCHON STREET NOW, U EREFORE,BE IT RESOLVED by the Council of the City 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: The existence of the tree will cause undue hardship to the property owner. SECTION 2. The appeal is hereby denied Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of , 1998. Mayor Allen Settle ATTEST: Bonnie Gawf, City Clerk APPROVED AS TO FORM: - I rgrW Attorney �-3 RESOLUTION N0. (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FOR A TREE REMOVAL REQUEST AT 364 BUCHON STREET NOW, THEREFORE, BE IT RESOLVED by the Council of the City 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: The existence of the tree does not cause undue hardship to the property owner. SECTION 2. The appeal is hereby approved. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of 1998. Mayor Allen Settle ATTEST: Bonnie Gawf, City Clerk APPROVED AS TO FORM: G. J .rg n, C' Attorney l��ll��lll�llllll�lllll�� IIIIIIIIIIII� '� Il�llll I II city osAn luis oBispo 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 Ute' g which consisted of the following (i.e., explain what you are appealing and the grounds for submitting the appeal. Use additional sheets as needed.) The undersigned discussed the decisi%eing aP41'ed wit on Name/Department 1� 1 (Date) -` Appellant_ rxi � `f�LIUCA'e STS r? 4�� C.V 1LV1 9-✓ Name/Title Mailing Address (& Zip Code) 57�q - -7 :- q - 3 D 1, `z, Home Phone Work Phone Representative: Name/T-die Mailing Address (& Zip Code) For Official Use Only: Calendared for Date & Time Received: c: City Attorney City Administrative Officer Copy to the following department(s): A MA71998 SLO Original in City Clerk's Office ►��i�i��iiiiflllll[IIIII p��i��ii�� I 1 III city of.sun lui s OBISPO 25 Prado Road • San Luis Obispo, CA 93401 TREE COMMMEE April 27, 1998,5:00 p.m. Corporation Yard Conference Room 25 Prado Road, San Luis Obispo 1. Review minutes of meeting of March 23, 1998 2. Tree Removal Requests: 1, 1166 Pismo(continued from March's meeting) �. 1394 Southwood 364 Buchon Street 1842 San Luis Drive 3. Arbor Day 4. Election of new chairperson 5. Old business 6. Adjourn OThe 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. �� CITY OF SAN LUIS OBISPO TREE CON941TTEE MEETING MONDAY, MAY 18, 1998 MEMBERS PRESENT: Steve Caminiti, Ron Regan, Jane Worthy and Barbara Murphy MEMBERS ABSENT: Curt Illingsworth STAFF PRESENT: Ron Combs, Lisa Woske 1 . MINUTES The April 27,1998 regular meeting was not held, due to a lack of a quorum. 2. TREE REMOVALS -- 364 BUCHON (Ash) The applicant was concerned with the tree being on top of the sewer and gas lines and potential damage. He felt the tree was too large for the location, presented a liability, and was too costly to annually maintain. Ron Combs stated the tree was large and healthy, but he did determine some foundation and walkway damage due to roots. The Committee agreed that the tree was too large for the location and was presenting a financial hardship to the owner. Ron Regan moved to approve the removal request, based on good arboricultural practice and undue financial hardship. He required no replacement plantings, as the area was already heavily planted. Steve Caminiti seconded the motion. The motion passed unanimously. return completed form tc City Arborist 25 Prado Road �II��I��Iu�II�IiIIuIIII��II��i �i SLO.. CA 93401 �►�� I Cly of SAn . UIS OBISPO i y 25 Prado Road • San Luis Obispo, CA 93401 TREE REMOVAL APPLICATION FORM Applicant: �i4ul� 0. LOS Sw rg Telephone: <44 -53(o �0 Address: ��o �L Location of tree(s) : Coy yjek o bi,ouSR - 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: Botanical name Common name 1 -rO S e Reasons for removing: r,I )A#0ekK I r5 .(0A AL '-r&-ea Co C -tL ; T.PC--. Aheal Co,c�s-,4 . compensatory replWcemen/t oposed: CO IW- Comments: WComments: f ,� ►� e►J Applicant/Owner Date(plotplan attached) trcmorna1.frm/tm#2 OL? -C> SP� LoALy,- ��9�►�►�i!?�� ►11111111111 �1°""'°►�� i II 1111 city of sAn luis oaspo 25 Prado Road • San Luis Obispo, CA 93401 April 1, 1998 Paul A.Lossing 364 Buchon St San Luis Obispo, CA 93401 Your application for tree removal at. 364 Buchon 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 tree(s), 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 tree(s) in question. The members will then take up the issue at the next Tree Committee meeting scheduled for, April 27, 1998 at 5:00 pm , 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) 781-7023, Monday through Friday. Sincerely, Todd Martin City Arborist "Chr.mm /o 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. ,I /O IIIIIIII Uty Of SAn tuts oBispo 25 Prado Road • San Luis Obispo, CA 93401 May 8, 1998 Paul A. Lossing 364 Buchon St. San Luis Obispo, CA 93401 Your application for tree removal at 364 Buchon,has been continued to the Tree Committee meeting of May 18, 1998 at 5:00 p.m. in the Corporation Yard Conference Room at 25 Prado Road. A copy of the agenda will be sent to you prior to the meeting and you are encouraged to attend. 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. Thank you for your patience in the continuance of this item. If you have any questions regarding the process, you may contact Todd Martin at (805)781- 7023, 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. / ��1 Q I�IQ I�If��l� IIIIIIi�II - �Illlf IIIIc1tyo san l�uis oBispo 25 Prado Road • San Luis Obispo, CA 93401 May 19, 1998 Paul Lossing 364 Buchon Street San Luis Obispo, CA 93401 Your application for tree removal at 364 Buchon Street , 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(s), the Committee members have voted to approve your request. An employee of the City will post the tree(s) 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. You will need to call 781-7220 to arrange to pick up and sign for the permit. 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. Please note that there may be replacement tree requirements as noted on your permit. 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 con¢nappr 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. 1��/�