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Home My WebLink About11/09/2000, 2 - APPEAL OF TREE COMMITTEE DECISION TO APPROVE TREE REMOVAL REQUEST council M,6ND. it .9 v0 j acEnoa Report 1.N 2 C I TY OF SAN L U I S O B [ S P O /� FROM: Michael McCluskey,Public Works Director O , Prepared By: Todd Martin, City Arborist SUBJECT: Appeal of Tree Committee decision to approve tree removal request CAO RECOMMENDATION: Adopt a resolution denying the appeal and upholding the Tree Committee's decision to approve the removal request at 2125 Beebee Street DISCUSSION: On September 12, 2000, staff received a tree removal application from Ray Uder of 4335 Olea Court in San Luis Obispo. The application was for the removal of an Aleppo pine located on a rental property of Mr. Uder's located at 2125 Beebee Street in San Luis Obispo. The request was based on claims that the tree's roots were "cracking" the driveway, public sidewalk and front porch at this property. The request also noted sewer lateral problems stemming from the tree's roots and disease problems. In his request Mr. Uder also mentioned the tree's interference with overhead utility lines. As a replacement tree, the applicant proposed a smaller more suitable landscape tree. Upon receiving Mr. Uder's application staff inspected the tree. Staff identified several small cracks in the sidewalk, driveway and front porch, but could not with 100% certainty attribute them to tree roots. There was some displacement of the public sidewalk that is likely the result of tree roots. It also appears that approximately 20 feet of the public sidewalk has been replaced within the last couple of years. After inspecting the tree, staff determined it did not meet the criteria for staff approval of the tree removal as described in Section 12.24.180 of the San Luis Obispo Municipal Code. The applicant was notified that the removal request would be placed on the September 25, 2000, Tree Committee agenda for consideration. Mr. Uder was present at the September 25°i meeting. 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? 2-1 Council Agenda Report—Report Title Page 2 The Tree Committee members present at this meeting included Chairperson Steve Caminiti, Ron Regan, Jane Worthy, Jennifer Metz and Barbara Murphy. After taking into consideration the concerns of the applicant and those expressed in a letter by neighbors opposed to the tree removal, the members voted 3-2 in favor of approving the request. The decision was based on "good arboricultural practice" (A), and "causing undue hardship" (B). The Committee felt the tree was too large for the site and posed a hardship to the property owner due to potential damage it could cause. Mr. Uder was notified by letter of the Tree Committee decision on September 26, 2000. On September 29, 2000, the City Clerk's office received an appeal of the Tree Committee decision from Mr. And Mrs. Karl Stephenson of 2110 Beebee and Mr. And Mrs. David Simpson of 2120 Beebee. Their appeal was based on the belief that removal of this tree would harm the character of the neighborhood. Mr. Uder was notified of the appeal and informed the matter would be decided upon by the City Council on November 9, 2000. FISCAL IMPACT: 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: 1. Resolution denying appeal of the Tree Committee 2. Resolution upholding appeal of the Tree Committee 3. Appeal to the City Council received September 29, 2000 4. Tree Committee Minutes of meeting of September 25,2000 5. Tree Removal Application dated September 12, 2000 6. Arborist's letters to applicant 7. Letter from appelants L•caz/tree removal appeal 2125 Beebee.doc 2-2 A RESOLUTION NO. (2000 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FOR A TREE REMOVAL REQUEST AT 2125 BEEBEE STREET BE IT RESOLVED by the Council of San Luis Obispo as follows: SECTION 1. Findines. 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 causing undue hardship to the property owner; and 2. Removal of the tree would promote good arboricultural practice. SECTION 2. Action. The appeal of the Tree Committee decision to approve the tree removal request at 2125 Beebee Street is hereby denied. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the following resolution was adopted this day of , 2000. Mayor Allen Settle ATTEST: City Clerk 2-3 Resolution No. (2000 Series) Page 2 APPROVED AS TO FORM e Jot e-- Attorney , i 2-4 Q+tom Ch on-e,--F 2 RESOLUTION NO. (2000 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FOR A TREE REMOVAL REQUEST AT 2125 BEEBEE STREET 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. Removal of the tree would not promote good arboricultural practice. SECTION 2. Action. The appeal of the Tree Committee decision to approve the tree removal request at 2125 Beebee Street is hereby upheld. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the following resolution was adopted this day of , 2000. Mayor Allen Settle ATTEST: City Clerk 2-5 Resolution.No. (2000 Series) Page 2 APPROVEDAS TO FORM-- #61fnsen ity . .tomey. -- - 2-6 f(-'1}ci-d-Am PA+ (mill � � SAn1�IS OBIS �� «�uIty 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 AL rendered on rYl .+' z5 r 20co 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 decision being appealed with: -GIA rreC5 on 5 .P-kM 621r 27, 2G00 Name/Department (Dat6) Kar I 4 ' OY>✓ - 2.110 Beebe>✓ �• q3401 Appellant: at►d t.tv) 5e� 805S - -1140 Name/Title J u k;e a ra Da c( Mailing Address (& Zip Code) s cm?s'on — 2120 delve e q 340 64�95�- Home Phone Work Phone Representative: Name/Title Mailing Address (& Zip Code) For Official Use Only: Calendared for Citib�r a`000 me Race umd. c: City Attorney SEP Z 9 2000 City Administrative Officer Copy to the following department(s): SLO CITY CLEl�K P.W. D►reuc oy- Arborist' R&,r mon Vdev-, 4335 Olea CJ. «p21iLar,4) Origindl in City Clerk's Office '-a✓` J-u�s Ob"spa, c!l 413401 2-7 On Monday, September 25, 2000, the City of San Luis Obispo Tree Committee approved the removal of a tree a 2125 BeeBee Street. We are the concerned neighbors and citizens of San Luis Obispo who are appealing this action. A letter was submitted to be read during the Monday meeting stating our concerns, and to no avail we were rejected. Having heard the reasons for removal of the tree we disagree with the decision. We have also spoken with Todd Martin, City Arborist, who in fact informed us he recommended not removing the tree. Our neighborhood is proud of its very few 'old growth" trees and feel if this tree is removed we will lose beauty and a huge impact in the environment on Beebee Street. This big, old pine creates a wonderful barrier to the industry which lies behind us on Parker Street. We look forward to the chance to discuss our appeal. Sincerely, Concerned Neighbors of Beebee Street 2-8 Oct 03 00 03: 08p i. poly arts (805) 756-5656 P• 1 A FSA h me-i+ 07� CITY OF SAN LUIS OBISPO V TREE COMMITTEE MEETING MONDAY, September 25, 2000 MEMBERS PRESENT: Steve Caminiti, Jennifer Barbara Metz, MurJane Worthy, hy STAFF PRESENT: Ron Combs, Lisa Woskc 1 . MINUTES The minutes of the August 28, 2000 regular meeting were approved as submitted. 2. TREE REMOVALS a 486 MARSH (Carrotwood) The applicant's representative discussed the need to realign the Marsh St. entryway and remove the tree in the planter, due to its location. He noted the roots were damaging the sidewalk. He stated that the existing parking lot had no trees and the new design would include planting new trees. Mr. Combs noted the large carrotwood trees can split. He stated that the Planning Commission had expressed concerns about removing such a large tree. The Committee discussed the landscaping plan and the option of planting the jacaranda on the street. Mr. Regan felt the carrotwood was a nice species, but did present problems as they got larger. He felt the proposed project would enhance the neighborhood. 2-9 Oct 03 00 03:08p c=l poli arts (805) 756-5656 P• � TREE COMMITTEE MEETING MINUTES September 25, 2000 Page Two Mr. Regan moved to approve the removal request, with the finding that such removal would not harm the character or environment of the surrounding neighborhood, with the two replacement jacarandas planted on the street. Ms. Metz seconded the motion. on s Ca demoved foamend that the motion, two jacaranda plantingscontingent should on ARC design approval and be coordinated with the City Arborist. Mr. Regan seconded the amendment. The amended motion passed unanimously. ■ 2125 BEEBEE (Allepo pine) The applicant discussed the removal request, noting the tree was too crowded and not a native species. He discussed the crack in the front porch and driveway and the concern over expos a to roots ed rots. He stated there had been increased plumbing problems concerned with liability from limb breakage. Mr. Combs agreed there were cracks in the walkways and planter area by the porch. He noted some minor gall rust, but felt the tree was fairly healthy. The Committee agreed the tree was a good specimen. Ms. Metz was concerned about the lack of street trees being planted in large enough areas. She agreed the pine would get bigger, but was not convinced the roots were causing the cracking problems. She agreed it was a poor location for the tree, but felt its removal would harm the character of the neighborhood. 2-10 Oct 03 00 03:09p cal poli arts iou... ..... ........ TREE COMMI-ITEE MEETING MINUTES September 25, 2000 Page Three Ms. Murphy felt the tree was planted in the wrong place and would get too large for the area, posing even more hardship to the property owner. Mr. Regan felt that while it was a skyline tree, pruning by the utility company would ultimately ruin the shape of the tree. Ms. Worthy did not feel that undue hardship had been proven and could not make the findings. Ms. Murphy moved to approve the removal request, based on findings for promoting good arboricultural practice and undue hardship to the property owner, requiring replacement plantings of up to two 15-gallon trees to be chosen from the Master Street Tree List and planted within 45 days of issuance of permit. Mr. Caminiti seconded the motion. . The motion passed, with Ms. Metz and Ms. Worthy voting against. 3. OLD BUSINESS There was no discussion on this item. 4. NEW BUSINESS There was no discussion on this item. The meeting adjourned at 5:50 p.m. to the next regular meeting, scheduled for October 23, 2000 at 5 p.m. Respectfully submitted, Lisa W oske Recording Secretary 2-11 si-0 County Eng Design Div (8051 781 -130? P. Sep 13 00 07: 48a 444dinleA SNIT f 9F 2 cit o sAn WIS OBISPO y e 25 Prado Road • San Luis Obispo. P93401 LEASE NOTE: If your tree is approved for Mail or fax completed form to: removal and posted• please call the office at the enc City Arborist of your posting period to arrange to pick up your 25 Prado Rd. permit San Luis Obispo.CA 93401 Phone 781-7220 Fax 542-9868 TREE_REMOVAL APPLICATION Telephone:W' 18l rjL(oZ Applicant: Zip: 3�! Address: 4335 OLEA C1 S.L'O 3¢0! �- Location of tree(: . 2 r z B�aC-E ST S:�.o. - FRav t Yazo Please indicated nearest cross street: Ae&r N 51 pplication will only be considered if accompanied by a sketch showing the Important: A tree removal a street,structure(s) location and location of all trees proposed for removal. Please draw on the back of this form. P/Nd5 �IRLEP�S/S ACGEPO PSE Tree Species: Common name Botanical Name Reasons for removing:. 1RFF /s G�tfi-�� Too l.,aQGr; FoR.SMAtc, CoN`i�EOSPRCE � C�/s�•rC� ,0,4:70,06CVA.044 9007-,:; 944(-- 112AC1C�0 CovC/ T S�oEiaacK Oa/vrwAY PoQ4;• MAY )Q X. 1A( Sic,SkM. fl 44AWr GMB VAC (-fa EO �lG�t1�17�ENro(/ffL ��CJt-'iVECY _5ewERC/rlE C/.06S o c Cgds�a B Roors, 4. c ,Fust. TEE /,orb (ftiu�i [/�rFs. Compensatory replacement proposed: SAI-4 SLA[E �pLACEMENf TREE Sd/rA�l-E rVR SPACE ATA/cABLC /F Rev/BEd Comments: _ Date: �' /Z• 00 Applicant/Owner: (Sketch attached) F:groups/trecc/tMe removal appUcalloa ® The City of San alts 0blspa is committed to include the disaoied in an of#s services.Programs and aclivltles. Telecommunic0ions oavioe br the Deaf(805) 781-7410. . 2-12 A H-<t c h me,-t+ ��►�o�Ill�ullllnliliillll�l pI�III��IIII I IIIIIIII III of sAn tuts oBispo �r�� y 25 Prado Road • San Luis Obispo. CA 93401 September 18,2000 Ray Uder 4335 Olea Ct. San Luis Obispo,CA 93401 Your application for tree removal at, 2125 Beebee 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 trees) in question. The members will then take up the issue at the next Tree Committee meeting scheduled for. September 259 2000 at 5:00pm , 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 ® The City of San Luis Obispo is committed to include the disabled in all of Its services.programs and.act i-J Telecommunications Device for the Deaf(805) 781-7410. �V// ��Ill�l�ifllflllgllllllllllll ��►III�IIIII atoBispo Y o SAn tuls 25 Prado Road • San Luis Obispo, CA 93401 September 26, 2000 Ray Uder 4335 Olea Court San Luis Obispo, CA 93401 Your application for tree removal at 2125 Beebee 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 for removal of one allepo pine. 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 appealwithin 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 canuruppr The (:ity of San Luis Obispo is committed to include the disabled in all of its services, programs and ac2u'el� Telecommunications Device for the Deaf(805)781-7410. ��V/ AliaAkmeAt- ' 1 ),151 moo �,vr y Of� 7g 727.0 i w be.au.1-��v l trw 1rea�. � a� d`' hod rna -may i11 S IMQ�-�'"r -� cod td ow I(26�A i W� le�-r.LLL 0Vr J / ;v n o how or Ave. t, hc th ovY one "� ou�nc.�� . l Wln we, Ioo k+ o� kovSU reasy V34 o LA �re�e �v\ our fnp%+ Way -ke. I�i� i o �t2.� ire-(vd�d of • oar vim ' S �46en lo►rea , -� no°�- r cid ,►� a+ 242J�p st - -- in aor v� - e-,\YI our 1/te� ' , g r a(-►►�o�, q er voro.{� �d , Sete-r� J °I,gad � — Ww �(n- u�a.5 �� -gets � �-- 2-15 It -we- roaz56&s ft- v' �a 4 411 be i4eW( GAj (dre ., . . G+racky a.*A IkeA r 77 VIA qvk�l 'p-pir C4- al wice tat- ( ,� ho vq-le 6) u-Ti au � r (l y � eOr 4 CdiVlCrel UVute�Atq � �eeb�ee ` 2� -16 reach vs a-t' 5 t . 7 l`f-a �1�,an '>a, • • `�