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Home My WebLink About09/16/2008, 3 - APPEAL OF TREE COMMITTEE DECISION TO DENY TREE REMOVAL REQUEST - 4154 Poinsettia Counci L Manns Due Sept. 16,2008 acEnaa Repoat 3 CITY OF SAN LUIS OBISPO FROM: Jay D. Walter, Public Works Director Prepared By: Keith Pellemeier,Urban Forest Supervisor SUBJECT: APPEAL OF TREE COMMITTEE DECISION TO DENY TREE REMOVAL REQUEST STAFF RECOMMENDATION Adopt a resolution upholding the Tree Committee's decision to deny the tree removal request at, 4154 Poinsettia Street, thereby denying the removal of the tree. DISCUSSION Background On July 1, 2008, staff received a tree removal application from Devin Langley, Community Manager, of the Summer Hills-Garden Home Owners Association (Attachment 2). The application was for the removal of two Alder trees, one at 4124 and one at 4154 Poinsettia Street. The removal request was based on claims that the Alder trees were "too large for the planting area, damaging the sidewalk and possible foundation damage." Upon receiving the tree removal application, staff inspected the trees. Staff noted that the Alder tree located at 4124 Poinsettia Street was too close to the sidewalk, had too small of a planting area, would likely double in size and should therefore be removed. The Alder tree located at 4154 Poinsettia Street is a theme tree for the neighborhood has a large planter area and could therefore be retained with proper root pruning. Staff determined the Alder tree at 4154 Poinsettia Street did not meet the criteria for immediate removal as described in section 12.24.180 of the San Luis Obispo Municipal Code. Per the Municipal Code, the City Arborist may only 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 Alder tree at 4154 did not meet these criteria, the City Arborist did not authorize its removal. When the City Arborist cannot approve removal, or when the tree removals are not part of property development, the request is brought before the Tree Committee for its consideration. 3 -�-1 Tree Removal Appeal—4154 Poinsettia Page 2 Tree Committee Review 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 reviews the application and may authorize removal if one of the following findings can be made: 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 the removal request at its meeting on Monday, July 28, 2008. Devin Langley was present and represented the Summer Hills-Garden Home Owners Association. The Tree Committee members present were Chair Sara Young, Ellen Dollar and Craig Kincaid. The Tree Committee discussed the application and, while approving the removal of the Alder tree at 4124, denied the removal request for the Alder tree at 4154, for the followingreasons: The homeowner at 4154 Poinsettia Street, Anna Lardon stated she wanted to save the tree and favored root pruning. Ms. Lardon had contacted two Arbor Companies, Family Tree Services and A&T Arborists and was told that with root pruning and installation of a root barrier the tree could be retained. (See Attachment 5) Tree Committee member, Ms. Dollar, felt the sidewalk damage was minor and therefore could not make the necessary findings for removal. Tree Committee Chair, Ms. Young, moved to approve the removal request for the tree at 4124 Poinsettia Street, based on promoting good arboricultural practice, and to deny the removal request for the tree at 4154 Poinsettia. No replacement trees were required as the Tree Committee determined there were an adequate number of trees at this location. The motion passed by a 3-0 vote. See Attachment 3 for the Tree Committee Meeting minutes. Appeal of Tree Committees Action On August 4, 2008 the City Clerk's office received an appeal of the Tree Committee's decision from the applicant. See Attachment 4 for the full appeal submittal. The Tree is not damaging the house foundation and is causing minimal lifting of the sidewalk. The tree has a large planting area to grow in and with root pruning and a root barrier installed could continue to grow without causing problems to the hardscape. The tree is very large, is a major theme tree and removing this tree would harm the character of the neighborhood. FISCAL IMPACT There is no fiscal impact to the City for denial of the appeal. If the appeal is upheld the cost of removing the tree and installing a replacement tree will be borne by the applicant. 3 -2- Tree Removal Appeal—4154 Poinsettia Page 3 ALTERNATIVES Uphold the tree removal appeal. City Council may uphold the appeal if it can make findings based on evidence presented sufficient to justify removal per City Municipal Code Section 12.24.180 (C) (6), cited above, thereby authorizing the removal of the Alder tree at this location. NOTE TO COUNCIL Council will note this report provides a"Staff Recommendation". That is because the tree is directly across the street from the CAO's home; he has therefore recused himself from this matter and has had no involvement in the advisory body or staff recommendations. The CAO found out about the tree appeal from the homeowner directly and immediately notified staff of his recusal. ATTACHMENTS Attachment 1. Vicinity Map Attachment 2. Tree Removal Application July 1, 2008 (2 pages) Attachment 3. Minutes (Excerpt) of July 28, 2008 Tree Committee meeting. (1 page) Attachment 4. Appeal to the City Council received August 4, 2008 (10 pages) Attachment 5. Quote from A & T Arborists (1 page) Attachment 6. Resolution denying appeal of the Tree Committee decision. Attachment 7. Resolution upholding appeal of the Tree Committee decision. G:LSWff-Repom ApmW Minuted C&JUoo6Tarks TrOMW154PomSOUTree AppeaATree appeal CAR4154Polnseta.doc 3 -3 4154 POINSETTIA _:TTACHMENT r-==_-�--- 11 9 11 �A yti4- 1 � 1 3-� CITY OF SAN LUIS OBISPO a information contained in this database is intended for informational use only. This information is provided for the convenience of users, GEODATA SERVICES ut does not necessarily constitute precise property ownership or legal descriptions of any property,and should not be relied upon as an 955 MORRO STREET fficial property record.The City of San Luis Obispo makes every effort to ensure the accuracy of this data;however,the accuracy of this SAN LUIS OBISPO,CA 93401 material is not guaranteed and users assume responsibility for independent verification of any and all information contained herein prior to se or reliance upon such information for any official purpose.The City San Luis Obispo disclaims any responsibility or liability for any direct 805 781-7167 r indirect damages resulting from the use of this data. 915!2008 13:26 Attachment 2 page 1 of 2 FROM :DEVIN LANGLEY FAX NO. :805 544 6215 Jul.- 01 2008 01:05PM P2 .1 I SCANNED "''If your tree removal.is related to Property development or a remodel;submit.your request through tke Piannirig peportment at 919 Palm Street as part of your PktWn' g Applicatibn.** ZAIPOR�AiVT� �1 tiv�e M"Ovw.CwM .-wtl�lly, M!L4 t�iC�7 Ee'•I `jadis; �p , be considered if aeeonfpankx!by 4; Stre#Ch/malp* removal and Posted, pkau e*fi*M loffface-*a rd latatian of all trees Proposed for removal. Please ywur permit. the-atnnit fes is$41 Payable when draw on true back off tHs form or fax on a srs_pm to .you.lick up'yaw pg+ (eas�m-cF=k,'pgpaiste * sheet of Paper, along with ymw application. City of Sail fins Obizoo). rt" remM9.deulitat M must be recei OMIlk the semnd'1Y[M " of fNe om rttii tq 1�e� eor�s� foo ttre MAjfMa Oft-AeA � te'inod . -OMlne!': I . t3wnea+s.Moiling` : �� `�,.5^I•a� ::�a4adrr: J3�1b•l Apptkot(if-other than awner�- 'lo�'n L-analc+„_AAeMa- Telephone: rJr/S(-9D93 Rpplmrt' qf1 c � - zil -- Location o treejs7 `►l�lU 44�� l in:'So �'�-t p� LneL� rrIw so= Uasoos far sg=11ag a prat: ♦ #moi �-_ RepJc>:a�nent•tree�fin3 turol;vseds .44CJ . *AppGeationwill be.considered only if entirely d aut•and 9Igned'by oWmr. If-consrderalrmof this hpPfication goes to Tree Committee,you or your agent are MgWMd to.att'm fhe meefirig and win be nahaa * If-teat caosure•is.+equir'ed to pm'foria4lit-rge rAmaval work.an.encr a ent Oar 4*49iftl obt4ir4d fi w tteG4lrPub3icWaricat artneart-ai919'EahtrStreet -�� —� :-,.. " Any mgWmd'replaaemerrr trees•must be installed widen"45 flays of issuance of permit". Since tree semoaaLpw.igaits aF+e goad{or b rrw»ths.�oumayav�sFita koldoff PicliCng Lp irour•Fermi t•urrt+7 ysw ane aurae•yap Will be able to install the reo=ement tree(s)within the 45 day period "X OR FAX conosted form to: cl R'r5b++it1- ii'pmdo i rt'y� . Sap�•�s'�6ispor��dQi; Phone: 782--7ZW •.Fax: 592-9868 CWner: A �)bany, e: '[BcOiya6Ssadmsl�poii .ruc('• •itissltotai�vixs,luoiasudaotidci� TeiitA�'p�rii�tae . ft We..(MM M-7410 FROM :DEUIN LANGLEY _ FAX NO. :805 544 6215 Jul.012008 01:06PM P3 u Attachment 2 Page 2 of 2 tal. / 4 9;4 J 1 /ais I 1 I 010fyr ST.R�T - 1 • Sg i 899 B 9 l 8 991 9BB 97 B gB= 1� 9 T= B BLUEBELL WAY • i T 9 9s B 9 Y6 a 96 96s 99 1 I I 1 A 1 I s BLU®ELL WAY ` Aq. t��l•AIr/ 916 � q�1 921 a 14 /J �,•• P0 S5 Attachment 3 CITY OF SAN LUIS OBISPO TREE COMMITTEE MEETING MINUTES CORPORATION YARD MONDAY, JULY 281 2008 MEMBERS PRESENT: Sara Young, Ellen Dollar, and Craig Kincaid STAFF PRESENT: Keith Pe.11emeier and Ron Combs PUBLIC COMMENTS There were no public comments. 1. APPROVAL JUNE 239 2008 MINUTES The minutes were unanimously approved as submitted. 2. TREE REMOVALS 4154/4124 POINSETTIA(Two alders) Mr. Combs discussed the minor vertical displacement of the sidewalk and problems with the surface roots. He noted the one tree was very close to the structure and would double in size. He felt root pruning and barriers would mitigate problems with the tree at 4154 Poinsettia. Anna Larden, 4154 Poinsettia, favored removal of-the tree at 4124 Poinsettia, but objected to the removal of the tree at 4154 Poinsettia, stating she agreed that root pruning and barriers were options for retaining it. Ms. Dollar agreed with the removal at 4124 Poinsettia, as it was too close to the structure and there were plenty of other trees around it, however she did not feel she could make the necessary findings to remove the 4154 Poinsettia tree, especially since the damage was minor and the property owner wanted to retain it Ms. Young and Mr. Kincaid agreed with Ms. Dollar. Ms. Young moved to approve the removal request for the tree at 4124 Poinsettia, based on promoting good arboricultural practice and denied the removal of the tree at 4154 Poinsettia, as she could not make the necessary findings for removal. There were no replacement trees required. Ms. Dollar seconded the motion. The motion passed unanimously. 3-� Attachment 4 page 1 of 10 Filing Fee: $100.00 'Paid NIA. AUG 0 4 ZQ�B at�/ Of 'REFER TO SECTION 4 _A 3SaI1 lU1SD61Spp SLO CITY CLERK APPEAL TO THE CITY COUNCIL SECTION 1. APPELLANT INFORMATION Surn�tleth�ll5 C_,n.1cLn Nimes 3,56 3 Empien 5F�5fe 13 L� 0/3U0I Name Mailing Address and-Zip Code Pot - r, yu-9(2F/3 PC13-- 544-&a is Phone Fax Te;U,cl &M0160 5F ste. su�) 93(/61 Representative's Narffe Mailing Address and Zip Code- commin:1.1 01 caf Cy,-)_ y Eales Title J Phone Fax SECTION 2. SUBJECT OFAPPEAL 1. In accordance with theprocedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Code (copy attached), I hereby appeal the decision of the: C oy C cp 4„n L;,-ni C1n 5pc,, Tiz_ Ccmm*k�A- e.e (Name of Officer, Committee or Commission.decision being appealed) 2. The date the decision being appealed was rendered: 1J\.` a� ,DCOFC- 3. The application or project was entitled: _`itSG GCl[I yl;?Ll 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 what action/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 _attachment 4 Page 2 of 10 Reason for Appeal continued A41adliec SECTION 4. APPELLANTS 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 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 thatif your request..forbontinuance 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. 1 hereb- agree.to appear and/orsend a representative to appear on my, behalf when said ea is sc eduled fora public hearing before the City Council. , 9 bp� (S.ignature: Apiiel nt) - (Date) Exceptions to the fee: 1) eats ree Committee decisions. 2)The above=named appellant has already paid the City$100 to appeal this same matter to a City official or Council advisory body. This item is hereby calendared for . ��i n fPe r %fr-,- .CSUy�S c: City Attorney City Administrative Officer Department Head LJ a-441Advisory Body Chairperson Cit Cler (original) !� ,/ Li K ' m--A;:r Page 2:of 3 X32 -8103 3 -� Attachment 4 page 3 of 10 SUMMERHILLS GARDEN HOMES OWNERS' ASSOCIATION 3563 Empleo Street, Suite B, San Luis Obispo CA 93401 (805) 544 - 9093 (Fax) 544 - 6215 August 4, 2008 The Board of Directors expressed concerns regarding the size, location and general maintenance of the large Alder trees at 4124 and 4154 Poinsettia. Thus, I began to collect information regarding general maintenance or removal of the trees from local experts. Both the local contractors and the City Tree Committee agreed and 4124 Poinsettia has been approved for removal due to the size of the tree and proximity to the home. However, 4154 Poinsettia was not approved for removal by the Committee. The Board of Directors understands the City's desire to maintain the natural beauty of the area and preserve local trees. However the Board of Directors is asking the City Council to revisit the issue of removal of the Alder tree at 4154 Poinsettia. Enclosed with the request arc four estimates provided by local contractors and pictures of the tree in question. Each vendor recommends removal based on the current size of the tree, the possibility of the tree doubling in size, the potential safety issue as this type of tree has an abundance of surface roots that will damage the sidewalk, and the fact that root pruning could damage the integrity of the tree. Furthermore the Board would like to bring to your attention that the tree is owned in common by the Homeowners in the Association and while we understand the current tenants desire to keep the tree the Board must make business decisions based on what is best for the Association as a whole. If the Alder tree is to remain regular upkeep will be needed including root pruning and trimming and thinning the tree. For a tree as large as the Aldar regular maintenance is a great expense and the cost is shared by all owners and reflected in the required homeowners' assessment. Many of the residents within Summerhills Garden Homes Owners' Association are on a fixed income and rely on the Board of Directors to do all they can to keep the monthly assessments as low as possible. The Board of Directors trusts that with the information contained herein the City Council will allow the removal of the large Alder tree and allow the Association to plant a more appropriate tree for the available space. Best regards, By Direction of the Board of Directors Stamm ills Garden Homes Owners' Association Devin.Lang , COAIvtr Community Manager Goetz Manderley Y Attachment 4 Page 4 of 10 !t> r le, IV' r - 1 ��` _.may. �Y`• - :Y�,..X•„r__,'�'r Y f + i r. r . L y .L . N .Attachment '4 Pae 5 of 10, I � - CJ I � - � .. l ' rl • ` III Jr_J� I �, , ``` ~\ " •' Ir ��L � �'�� E�� "to � o.��_ pig .�� I IL vv t •: .M1 -� Attachment 4 Page 6 of 10 SUMMERHILLS GARDEN HOMES OWNERS' ASSOCIATION 3563 Empleo Street, Suite B, San Luis Obispo CA 93401 i (805) 544 -9093 (Fax) 544- 6215 ,r`� June 18, 2008 `IeTP RE: Request for a Proposal The Board of Directors for Summerhills Garden Homes Owners' Association has authorized me to seek recommendations and proposals for the Alder trees located at 4124 and 4154 Poinsettia. If your recommendation is removal please also include a price for grinding the stump. You are welcome to inspect the trees at your convenience, asthey are located in the common area in front of each home. Please submit your proposal for consideration no later than July l4, 2008 I look forward to any questions you may have. Best regards, By Direction of the Board of Directors Summerhills arden Homes Owners' Association �r Devin Lan ey, CAiV Community Manager Goetz Manderley 805-801-9710 Cellular 3 - 13 Attachment 4 Page 7 of 10 G_ REE LE TREE CO. - W I.MMWI- 4!IL P.O.Box.13234 a San Luis Obispo,CA 93406 805.5 .1124'• 805.772:8500 Cell I ne: 805.235.5175 STEVE FRANZMANN State License#730795 TfV, Certified Arborist#941 ;Namelyor h,// Billing /' fCl .J _ Date Address / Gf-'�/v �Ile� c� Address - — - --,v Call Phone City&Zip I/ City&Zip Fax Phone: go�_ 97(0 Phone: Q Aerial Lift Q Big Stump Grinder Q.Little Stump Grinder Q Wood Splitter Lowering Device,Bull Ropes ❑ Wood Dally Q.Wood Cart JOB SPECIFICATIONS i IF h . i �► i - 4&74-/ aeti r d( 4%C4 � 1 2heU glow, t yrre� I. ❑Cut Wood Q Leave Wood Q Remove Wood ❑Cri i L Slumps Q Remove Grindings Q vve Grardings We prupose hereby to furnish material and labor,complete with above specifications.Any alte t tion urdeviation from the above specifications involving extra costs will be made only upon written ageement. me removals do not include Stump'-ninang,unless specified.All completed.work includes frill' insurance coverage.This proposal may be wnhd awn by us at any time before.acceptance. Dollars I'�N'/ I GREENVALE TREE CO. Acceptance of Estimate _ - _ Date _ J T'd ST29bb5:01 £ELBE9050e 33211 31FJt1N33`c0:W021d dST:90 fa�2-9e-atiw Attachment 4 Page 8 of 10 0 QUOTE Date:June 30.2008 To Devin Langiey Summerhflls Gordon HOA 3563 Empleo ST.SIe:B Son Luis Obispo.CA 93401 Saiespefsor. Job Payment Terms Due Date Ron Rinell 4124&5154 Poinsettia-SLO Due on receipt Qty Description Unit Price Line Total 4124 Poinsefflo Remove Tree(Side of House) 650.00 Grind Stump 150-00 L Trim Tree 250.00 4154 Iscinsettlo Remove Tree 400.00 i Gdrd Stump 250.00 Trim Tree 200.00 Recommendation:Removal ol'Both trees. Must apply for permit in order to mmove the trees. Subtotal Sales Tax Twat Qvo'ol;on prepared by:Ron Rinell This is a quotation on me goods named.s=leet Yo tie con(Illions noted below:tDosCribe any conditions pertaining to these w1ces and cry occrlianal forms of the cQreernenl.You may want to Incluce contingencies that Will affect the oucivion.1 To occeol thii quolmion,sign here ord return: Thank you for your business! LI J NY 0-N L,R 0a.'R E S k R V:I.-E 5JI,04 DUY Pl'.'r;LII i C.M ek R0,"d.S01%Luis"Xb'--r)Q,CA 9:.W, Phone 19,.'G ft:x tirtS.54-.X"i 06/26/2008 16:17 805528272 CENTRAL COAST-TREE b PAGE 01 Attachment. 4 Pace 9 of 10 IL w • • • 6 - �� 43 Years ExperienceQo,; (o. 2nd generation Tree Trimmer Cj l \A Ak • TrimrAing • Shaping • Complete Tree \ %,,%V. , k Removal � �``','`��-- �et..�.— • Cabling • Chipper WA Shrub & Hedge Pawling • Stump Removals - • Root Pnaning since ucow AMM3 Fily truwed w At&PD WNW Leslie M. Faust 35 Years In the Area .. _ CG76��- 0. ec ¢�SQJ. b t LA 3_l� Attachment 4 Page 10 of 10 REC'ETVED, CUSTOMER'S ORDER NO. PHONE DATE NAME ADDRESS SOLD BY CASH C.O.D. CHARGE ON ACCT, MDSE,RETD, PAID OUT i 10 v— / rrs .fie�: '%f iii :� �%!I•..'S 5`0_� '�l � . I I TAX I RECEIVED BY TOTAL I All claims and retumed goods MUST be accompanied by this bill. - ='- THANK YOU i 3 -I 1 Attachment 5 JAI m � � �� C n � W _ � a � � x n _ 0 3 .� a Hip ar M-0 or o gm3mgZ j o e D3t6'" N >7 w > p,S$Mg � � � � A• . O m 3 N T2s y XQhs m�n3o D W ' CDJIMo qiw" > r - n1Z�g=s o 3_ mCD z ' a 3 sg s> g a SS M V v, m Mz m a K m �'w z 0 Z m cOi m Agmm mCn m W ^ ❑ m c a.gRZam j M m 'mm m CT D vl 04 fJ •+im a >do N 0 f7 u �z 3 SF a �. 03z r 1+ N y O 27m M' tA CD . . CL bC = a m CD - Q _ 7 91 M 1 my of g �g 3-� 8" JAttachment 6 Page 1 of 2 RESOLUTION NO. (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF A TREE REMOVAL REQUEST AT 4154 POINSETTIA STREET WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on July 28, 2008 and denied the applicant's request to remove one (1) Alder tree located in the front yard at 4154 Poinsettia Street, San Luis Obispo,California; and WHEREAS,on September 16,2008, the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the denial to remove one(1)Alder tree, 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 one(1)Alder tree will not promote good aboricultural practice. b. The tree is 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 4154 Poinsettia 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 2008. 3 '17 Attachment 6 Page 2 of 2 Resolution No. (2008 Series) Page 2 Mayor David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: Jonathan P. Lowell City Attorney G:ISWff-�ndaq WutnX CAR2MB1Pmlo Trees14154PoimtUeTm MMftRasdWonnenpPdnsetlla dw 3,, Attachment 7 Page 1 of 2 RESOLUTION NO. (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF A TREE REMOVAL REQUEST AT 4154 POINSETTIA STREET WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on July 28, 2008 and denied the applicant's request to remove one:(1) Alder tree located in the front yard at 4154 Poinsettia Street; San Luis Obispo, California;and WHEREAS,on September 16, 2008,the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the denial to remove one(1)Alder tree. 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 one(1)Alder tree will promote good aboricultural practice. b. The tree is causing undue hardship to the property owner.. c. Removing the tree 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 4154 Poinsettia 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 2008. 3 -a� Attachment 7 Resolution No. (2008 Series) Page 2 Of 2 Paget Mayor David F.Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: Jonathan P. Lowell City Attorney GlStafl-ReMrMAgwdM MlnutesACAR12W81Parka TmesWl54PdnsaftTm AppeeMesolutlonUphoW-Pdnsettle.dm 3 .Zv