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HomeMy WebLinkAbout01/03/2006, PH 3 - APPEAL OF TREE COMMITTEE DECISION TO DENY TREE REMOVAL REQUEST counat M January 3,2006 j acEnaa Report , N . CITY OF SAN LUIS OBI St0 FROM: Jay D.Walter, Public Works Directo Prepared By: Todd Beights, Parks &V an Forest Supervisor SUBJECT: APPEAL OF TREE COMMITTEE DECISION TO DENY TREE REMOVAL REQUEST CAO RECOMMENDATION: Adopt a resolution denying the appeal of the Tree Committee's decision to deny the tree removal request at 804 Vista Del Arroyo Street. DISCUSSION On November 5, 2005, staff received a tree removal application from Alton & Martha Dreke of 804 Vista Del Arroyo Street in San Luis Obispo (Attachment 2).. The application was for the removal of four Alder trees located in the front and side yards at that address. The request was based on claims that the trees "had grown too large" and are "taking over" the outside of the house and lawn. The applicant also stated that the trees are generally messy throughout the year. The applicant stated on their application that they were willing to plant replacement trees recommended by the City Arborist. Upon receiving the Dreke's application, staff inspected the trees. Staff noted that the trees in question were in good health with average canopy and sound root structures. (Attachment 3- photograph of trees). The property is part of Tract 683, which was originally approved by Council in 1976. One of the conditions of approval was the requirement to dedicate a 10 ft street tree easement on the frontage of all lots. The Council required that street trees be planted prior to acceptance of the tract improvements as a neighborhood amenity. A 10 ft street tree easement is in place on both frontages of the Dreke's property, and the Alder trees are planted within the easement area. After inspecting the trees, staff determined that the Alder trees did not meet the criteria for immediate removal as described in section 12.24.180 of the San Luis Obispo Municipal Code. The City Arborist may authorize a tree removal without further notice after finding any of the following circumstances: A. The tree is a hazard, and removing it is the only feasible way to eliminate 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 tree is the only way feasible to eliminate the damage. Due to the fact that the trees did not meet these criteria, the Arborist could not authorize the removals. When the City Arborist cannot approve removal, or when the tree removals are not i Appeal of Tree Committee Decision Page 2 part of property development, the request shall be brought before the Tree Committee for their consideration. Municipal Code Section 12.24.180(C)(6) provides guidance for approval or denial of tree removal requests by the Tree Committee. The Tree Committee shall review the application and may authorize removal if'it finds one of the following circumstances: A. The tree is causing undue hardship to the property owner. B. Removing the tree promotes good arboricultural practice. C. Removing the tree will not harm the character or environment of the surrounding neighborhood. The Tree Committee heard this request at their November 28, 2005 meeting. The Committee members present were Linda Hauss, Sara Young, Don Dollar and Chairperson Jim Lopes. The applicant was also present for this meeting. After taking into consideration the concerns of the applicant, the Committee members voted unanimously 4-0 in favor of denying the request. The Committee members could not make any of the findings necessary for removal. (Attachment 4- Tree Committee Minutes) On December 5, 2005 the City Clerk's office received an appeal of the Tree Committee's decision from the applicant (Attachment 5). To uphold the decision of the Tree Committee and deny the appeal, the Council must find that at least one of the Committee findings in support of its decision was correct. To uphold the appeal, the Council must make at least one of the findings in section 12.24.180(C)(6) in order to justify removal of the trees. FISCAL IMPACT There is no fiscal impact to the City for denial of the appeal. The cost of removing the tree and installing replacement trees, if the appeal is upheld, is bome by the applicant. ALTERNATIVES Adopt a resolution upholding the appeal (Attachment 7). Staff does not recommend this alternative based upon the justification provided above. ATTACHMENTS 1. Aerial photograph of the property 2. Tree Removal Application dated August 11, 2005 3. Photograph of trees proposed for removal 4. Minutes of November 28, 2005 Tree Committee meeting 5. Appeal to the City Council received December 5, 2005 6. Resolution denying appeal of the Tree Committee 7. Resolution upholding appeal of the Tree Committee 3 -2 Attachment 1 N �1'� .7 .•tom.�� O� • /`+^^ ��A / ,"J µ�� /7.- �� ^�. . NISTA COLLADOS rte `' 804 Vista Del Arroyo v Y Czy 16, in 01 3-3 L'.mrr.J7'p2, Attachment 2 II��IIpp IIII I( '� �������ul�l�lll��llllllllllllllll�lul��������� city 25 Prado Road • San Luis Obispo, CA 93401 Z000) IMPORTANT: A tree removal application will PLEASE NOTE: If your tree is approved or only be considered if accompanied by a removal and posted, please call the office at sketch/map showing the street, structure(s) the end of your posting period to arrange to location and location of all trees proposed for pick up your permit. The permit fee is $39. removal. Please draw on the back of this payable when you pick up your permit (cash form or fax on a separate sheet of paper, or check payable to City of San Luis Obispo). along with your application. TREE REMOVALAPPLICATION Owner:. Gt\1 McL d` \a Telephone:5 y3- 5811 Owners Mailing Address: - � V�,C_ �Z �, �l Q��Cn�f� Zip: q3 Qc Applicant (if different than Owner): Telephone: Applicant's Mailing Address: Zip: Location of tree(s): a oc\ V:rt-c.L AccoVN on �:stu curl\�-�nC Please indicate nearest cross street: �� - aSD Dog in yard? Yes_ Nol Tree Species: a`r7i1�� Botanical Name Common Name Reasons for removing: "t\K\eSa n Wh:\e uOe tJJr,cce a(\ WC.- �JGcc�;Vcn na c�o�-�c�-c�o� d:cQ We- haoo Q � _VVe�_`t'C-GCS Q.0 G *nb CUG y ll. 'khD i tai`\ I.UG 1)G \r\.&_JL T\r\g C A Srucc� \•.m T-Vf a.C� 4 aK=�`a ppc i 1 DLA` ,40 r Lr•_.,:vn. �c .� �..S r`�r C � Compensatory replacement proposed: �.7 e, U :A re oa,±.cmG.nk -k-z * Application will be considered only if entirely filled out and signed by owner. If consideration of this 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 from the City Engineering Department. * Any required'replacement trees*must be installed within "45 days of issuance of permit". Since tree removal permits are good for 6 months,you may wish to hold offpicking up your permit until you are sure you will be able to install the replacement tree(s)within the 45 day period. MAIL OR FAX completed form to: City Arborist, 25 Prado Rd., San Luis Obispo, CA 93401, Phone: N_ 2 0 Fcx' 542-9868 Owner: Date--LL LG/IDjLK Applicant: I Date: ® The CUy of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecom munieallpns Device for the Deal(805)781-7410. . �lit �e .ct rr}y+�2k ;,. 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P Attachment 4 EXCERPT FROM NOVEMBER 289 2005,TREE COMMITTEE MINUTES -804 VISTA DEL ARROYO(4 Alder) The applicant discussed the removal request,noting that the city had removed dying magnolias and planted the alders in 1987—without notifying them,while they were out of town—and they had now grown too large for the property. She stated they had been professionally pruned in 2004. The trees continually dropped leaves and as they lived in a very windy area,maintaining the trees was a hardship. One of the trees was leaning. She wanted to replace them with a more attractive species that was easier to maintain. She noted that the Alder was no longer even on the Master Street Tree list. She did not think removal would harm the character of the neighborhood and reported that neighbors supported the removal. She reiterated that she did not feel the city should remove trees and replace them without consulting the property owner. Mr. Combs stated the trees were healthy and the theme tree for the area Ms.Young agreed that they were an unattractive species,but were in good health. Mr.Dollar agreed that the trees were healthy. Ms.Hauss stated she could not make any of the findings necessary for removal. Mr.Lopes was concerned that removing them would affect the character of the neighborhood and that if they were removed,replacement trees should be 24"box type for scale. Ms.Young moved to deny the removal request,as she could not make the necessary findings. Mr.Dollar seconded the motion. The motion passed unanimously. -848 ON(Floss S It detemun that dbh was too small to need a permit for removal. -708 MISSION n cedar) The applicant 'scussed th oval request,stating the approximately 8-10 branches had faller and in October,a 'branch fell. There had been another branch that broke off and entwined in the bing on the roof. Safety was a concern and the weight 'ng limbs were hard chnaintaim Attachment 5 eceFiling Fee: $100.00' � Paid Date Received r RECEIVED NIA--V—" CI Ly 0� DEC 0 5 2005 �s om;ssan Us oBi spo REFER TO SECTION 4 smanY CLEW APPEAL TO THE CITY COUNCIL SECTION 1. APPELLANT INFORMATION C?a yaS Name Mailing Address and Zip Code 5 'i'2>- Phone Fax Representative's Name Mailing Address and Zip Code Tdle Phone Fax SECTION 2 SUBJECT OFAPPEAL 1. in accordance with the procedures set forth in TFtle 1, Chapter 1.20 of the San Luis Obispo Municipal Code (copy attached), I hereby appeal the decision of the: (Name of Officer, Committee ar Commission decision being appealed) 2. The date the decision being appealed was rendered 3. The application Corr`project was entitled: 4. 1 discussed the matter with the following City staff member: on (Staff Member's Name and Department) (Date) 5.. Has this matter been the subject of a previous appeal? If so,when was it heard and by whom: SECTION:3.'REASON FOR APPEAL Exptain specifically what.actionts you are.appealing and why you believe the Council should consider your appeal. Include what evidence you have that supports:your appeal.,You may attach additional pages, if necessary. This form continues on the otherside, Page 1 of 3 Reason for Appeal continued S' fA sem, -�-�� c �r G� — c -� �g�� -� h �•_�c — ,�—e-g-6 e S �Z a S, n t� ilk I<U',(� e— SECTION 4. APPELLANT'S RESPONSIBILITY The San Luis Obispo City Council values public participation in local government and encourages all forms of citizen involvement. However, due to real costs associated with City Council consideration of an appeal, including public notification, all appeals pertaining to a planning application or project,are subject to a filing fee.of$100',which must accompany the appeal form. Your right to exercise an appeal comes with certain responsibilities. If you file an appeal, please understand that it must be heard within 45.days from filing this form. You will be notified in writing of the exact date your appeal will be heard before the Council. You or your representative will be expected to attend the public hearing, and to be prepared•to make your case. Your testimony-is limited to 10 minutes. A continuance may be granted under certain and unusual circumstances. If you feel you need to request continuance, you must submit your request in writing to the City Clerk. Please be advised that if your request for continuance is received after the appeal is noticed to the public, the Council may not be able to grant the request for continuance. Submitting a request for continuance does not guarantee that it-rill be granted,that action is at the discretion of the City. Council. I hereby agree to appear and/or send a representative to appear on my behalf when said appeal ' schedul d for a public hearing before the City Council. i' - 5pas (Si tura o . .peUnt) (Date) - Exceptionst .'awfee t)Appeals of;Tree Committee,.decisions. 2)Theabove-named appellant fat already paid the tity'SYDO eppeat-this same matter fo a City otheial or Council advisory body.; This item is hereby calendared for C: City Attomey City Administrative- Officer Department Head — %.14y w A•�T.r:R Advisory Body Chairperson - City Clerk(original) -7--OAARE/6,yrr 12a. . �0".Z r AJFiA�/fivc%uie. Page 2 of 3 8M J —� ATTACHMENT 6 RESOLUTION NO. (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF A TREE REMOVAL REQUEST AT 804 VISTA DEL ARROYO STREET WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on November 28, 2005 and denied the applicant's request to remove four (4) Alder trees located in the front yard at 804 Vista Del Arroyo Street, San Luis Obispo, California; and WHEREAS, on January 3, 2006, the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the denial to remove four(4) Alder trees, 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, makes the following findings: a. The removal of four(4) Alder trees will not promote good aboricultural practice. b. The trees are not causing undue hardship to the property owner. c. Removing the trees will harm the character of the surrounding neighborhood. SECTION 2. The appeal of the Tree Committee's decision to deny the tree removal request at 804 Vista Del Arroyo Street is hereby denied. Upon motion of seconded by and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2006. Mayor David F. Romero �- 9 i Resolution No. (2006 Series) Page 2 ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: Jon an well City Attomey ATTACHMENT 7 RESOLUTION NO. (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF A TREE REMOVAL REQUEST AT 804 VISTA DEL ARROYO STREET WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on November 28, 2005 and denied the applicant's request to remove four (4) Alder trees located in the front yard at 804 Vista Del Arroyo Street, San Luis Obispo, California; and WHEREAS, on January 3, 2006, the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the denial to remove four(4)Alder trees, 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, makes the following findings: a. The removal of four(4) Alder trees will promote good aboricultural practice. b. The trees are causing undue hardship to the property owner. c. Removing the trees will not harm the character of the surrounding neighborhood. SECTION 2. The appeal of the Tree Committee's decision to deny the tree removal request at 804 Vista Del Arroyo Street is hereby upheld, and the removal request is approved. Upon motion of seconded by and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2006. Mayor David F. Romero Resolution No. (2006 Series) Page 2 ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: Jonathan P. Lowell City Attorney Filing Fee: $100.00*k . _.aid Date Received RECEIVED city .or 'REFER TO SECTION 4 N/A--v`- DEC 0 5 2005 Ra--Asan Luis ogispo SL©c1111YC4$RK APPEAL TO THE CITY COUNCIL SECTION 1. APPELLANT INFORMATION Cr a yDs a� �4 xyyz E. i�c yew U DSI V:S a 7kfA Q�cin D Name Mailing Address and Zip Code --- Phone Fax Representative's Name Mailing Address and Zip Code Title Phone Fax SECTION2- SUBJECT OFAPPEAL 1. In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Code (copy attached), I hereby appeal the decision of the: (Name of Officer, Committee dr Commission decision being appealed) 2. The date the decision being appealed was rendered: �Dl)cmbc�c a.g, D 3. The applicationorproject was entitled: geMw]c\ o<\A Z-(7,0 �crcr�'E 4. 1 discussed the matter with the following City staff member: on (Staff Member's Name and Department) (Date) 5. Has this matter been the subject of a previous appeal? If so,when was it heard and by whom: SECTION 3. REASON FOR APPEAL Explain specifically whataction/s you are appealing and why you believe the Council should consider your 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 continued `�CeGSI cCG i 1 :��_ [)\e Luse-- \ C' LA ,E <' Aact K\ SECTION 4. APPELLANT'S RESPONSIBILITY The San Luis Obispo City Council values public participation in local government and encourages all forms of citizen involvement. However, due to real costs associated with City Council consideration of an appeal, including public notification, all appeals pertaining to a planning application or project are subject to a filing fee of$100%which must accompany the appeal form. Your right to exercise an appeal comes with certain responsibilities. If you file an appeal, please understand that it must be heard within 45 days from filing this form. You will be notified in writing of the exact date your appeal will be heard before the Council. You or your representative will be expected to attend the public hearing, and to be prepared to make your case. Your testimony is limited to 10 minutes. A continuance may be granted under certain and unusual circumstances. If you feel you need to request a continuance, you must submit your request in writing to the City Clerk. Please be advised that if your request for continuance is received after the appeal is noticed to the public, the Council may not be able to grant the request for continuance. Submitting a request for continuance does not guarantee that it will be granted,that action is at the discretion of the City Council. I hereby agree to appear and(or send a representative to appear on my behalf when said appeal/. schedul d for a public hearing before the City Council. (Se o ppellant) i ntur (Date) Exceptions 0 the fee: 1)Appeals of Tree Committee decisions. 2)The above-named appellant has already paid the City$100 o appeal this same matter to a City official or Council advisory body. This item is hereby calendared for J/l,i�ug .� 200La c: City Attomey City Administrative Officer Department Head - Advisory Body Chairperson - .1�, .r-aP�s /y!/y ,�r� c ��` City Clerk(original) 701» aall y;i s 1 R-41.01 Page 2 of 3 f� 8/03 Chapter 1.20 APPEALS PROCEDURE Sections: 1.20.010 Title. 1.20.020 Right to appeal. 1.20.030 Time within which to file an appeal. 1.20.040 Hearing - Notice. 1.20.050 Hearing -Appellant to show cause- Council's determination final. 1.20.010 Title. This chapter shall be known as the"Appeals Procedure"for the city. (Prior code § 1400) 1.20.020 Right to appeal. A. Except where an appeals procedure is otherwise specifically set forth in this code, any person objecting to the approval, denial, suspension or revocation of a license,-permit or entitlement of any nature, the determination or issuance of which is under any of the provisions of this code, or to any administrative decision made by any city official; if the approval, denial, suspension or revocation of such license, permit or entitlement or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised under any of the provisions of this code, may appeal in writing to the council by filing with the city clerk a written notice of such appeal, stating the specific grounds for the appeal. B. No appeal may be taken to any such administrative decision made by a city official under the provisions of this chapter unless such decision to appeal has been first taken up with the department head concerned, and where an appeals board is empowered to consider interpretation and enforcement questions, unless such decision to appeal has been considered by such appeals board. C. No right of appeal to the council from any administrative decision made by a city official under any of the provisions of this code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised under any of the provisions of this code, whether the administrative decision involves the approval, denial, suspension or revocation of a license, permit, entitlement or any other administrative decision. (Ord. 1044 § 1, 1985: prior code § 1401) 1.20.030 Time within which to file an appeal. The appellant shall file a notice of appeal with.the city clerk within ten calendar days after the date upon which the administrative decision appealed from is made. In the event the last day of the filing period falls on a nonbusiness day,the appeal period shall be extended to include the next business day, and this rule shall apply whenever an appeal procedure is specifically set forth elsewhere in this code. (Prior code § 1402) 1.20.040 Hearing - Notice. Upon receipt of the filing of the notice of appeal in its proper form, the city clerk shall place the matter on the council agenda. Except in cases of emergency, when the council may determine the matter immediately, or where state law prescribes a different appeal process, the clerk shall set the matter for hearing at the next reasonably available council meeting, .but in no event later than forty-five calendar days after the date of the filing of such notice of appeal with the city clerk. The city clerk shall cause written notice of such hearing to be given to the applicant not less than five business days prior to such hearing, unless such notice is waived in writing by the applicant. (Ord. 1252 § 1, 1994:prior code§ 1403) 1.20.050 Hearing -Appellant to show cause-Council's determination final. At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action appealed from should not be approved. The council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter. (Prior code § 1404) Page 3 of 3 8/03