HomeMy WebLinkAbout06/20/1989, C-7 - REQUEST TO AMEND TRACT CONDITIONS TO ALLOW REMOVAL OF A EUCALYPTUS TREE AT 166 LOS CERROS DRIVE. _. MEETING DATE:
C1 o� San &aIS OBIspo
COUNCIL AGENDA REPORT 1T9M NUMBER: -
FROM: Michael Multari, Community Development Director; Prepared By: Jeff Hoo j
SUBJECT: Request to amend tract conditions to allow removal of a Eucalyptus tree at
166 Los Cerros Drive.
CAO RECOMMENDATION:Adopt the attached resolution allowing the tree to be removed.
DISCUSSION
At its February 7, 1989 meeting, the Tree Committee: approved a request by David and
Karolyn Chandler to remove a large Eucalyptus tree from their property at 166 Los Cerros
Drive. With a-trunk diameter of about three and one-half feet, this, tree is one of many
large Eucalyptus trees which were required to remain as a condition of tentative map
approval for Tract 1313, also known as the Foothill-La Mancha subdivision (Council
resolution and tract conditions attached).
The Chandlers and several neighbors want to remove the tree due to safety concerns.
Grading done by the lot's previous owner removed about 24" of soil around the base of the
tree, raising concerns that the tree may blow over, causing injuries or building damage.
The owner's would like to replace the tree with another species, and have submitted a
neighborhood petition with 17 signatures in support of the removal.
The tree shows no obvious signs of disease or decline. Small surface roots, about one to
two inches in diameter, were cut during the previous grading; however no major support
roots appear to have been damaged. While overturning does not appear imminent,
Eucalyptus are relatively shallow-rooted trees. The risk of overturning is increased by
certain factors: grading within the dripline, removal of adjacent trees, and a large
trunk and canopy size. All of these factors apply in this case.
The City generally requires that large, mature trees be saved; however the owner's and
neighbors' legitimate safety concerns outweigh esthetic considerations. Provided that a
large replacement tree of a comparable growth rate and ultimate size is planted, staff
can support amendment of the condition to allow removal of the Eucalyptus. The proposed
amendment would allow the Director to authorize tree removal in this tract where the tree
poses a threat to public health or safety.
SIGNIFICANT IMPACTS
The proposed tree removal will have no significant environmental or fiscal impacts.
CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION
If the tract condition is not amended, the tree is required to remain. Although the tree
does not appear to pose immediate hazards, its retention may pose continuing safety
concerns for the property owners and immediate neighbors. Removal and replacement
appears to be in the best interests of the property owners, neighbors, and the City.
ATTACHMENTS: -Draft Resolution
- -Vicinity Map
-Council Resolution, Tract 1313
-Neighbor Petition and Correspondence
-Tree Committee Minutes (2/7/89 & 2/28/89)
jh2/tr1313tr -Tree Removal Application Form
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RESOLUTION NO. (1989 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING A CONDITION
OF TRACT 1313 REGARDING PRESERVATION OF EUCALYPTUS TREES
WHEREAS, the Tree Committee and the City Council have held public hearings on this
request by David and Karolyn Chandler for removal of a Eucalyptus tree at 166 Los Cerros
Drive, in accordance with Chapter 12.24 of the San Luis Obispo Municipal Code; and
WHEREAS, as a result of its investigations, the Tree Committee recommended that
the tree removal request be approved, subject to the installation of a suitable
replacement tree; and
WHEREAS, it is the intent of the City to protect and preserve mature trees, except
Owhere their preservation poses health or safety hazards due to possible overturning; and
WHEREAS, the City Council has considered the tree removal request and supporting
information, the staff report, commission minutes, and public testimony;
NOW, THEREFORE, the Council of the City of San Luis Obispo resolves to amend
condition 29 of City Council Resolution 5765 (1985 Series) as shown in Exhibit "A",
authorizing the Community Development Director to approve removal of Eucalyptus trees in
this tract where they pose a clear public health or safety hazard, based on the following
findings:
Findines
1. The proposed amendment will not adversely affect public health, safety; or
welfare.
2. The proposed amendment is exempt from environmental review (CEQA Section 15304)
3. The proposed amendment is consistent with the City's Tree Ordinance and
Subdivision Regulations..
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Resolution No. (1989 Series)
Page 2
On motion of - seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of. 1989.
Mayor Ron Dunin
ATTEST:
City Clerk
APPROVED:
City A ministrative Officer
City Atto ey
5L,�
Communi Development Director
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Resolution No. (1989 Series)
Page 3 _
EXHIBIT "A"
Amend condition 29, City Council Resolution No. 5765 (1985 Series), to read as follows:
29. Existing Eucalyptus trees shall remain on site as shown on the tentative map,
except where the Community Development Director determines that a tree poses a
direct threat to public health or safety. Where tree removal is warranted, the
applicant shall install a 24" box size replacement tree with a growth rate and
ultimate size comparable to the tree being removed.
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A Tree to be removed at
166 Los Cerros Drive; , +
David and. Karolyn. Chandler _'?*
applicants
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RESOLUTION NO. 5765 (1985 Series)
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A RESOLUTION OF THE ODANCIL OF THE QTY OF SAN LUIS OBISPO
GRXMM APPROVAL OF TENTATIVE TRACT NO. 1313 (FOOn=
ANNES ioN/LA MANCHA PROPERTIES) IACAM AT 102 FOOTHILL BOULEVARD
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
tentative map of Tract 1313 and the Planning Ccff mission's recanrendations,
staff recommendations and reports thereon, makes the following findings:
1. The project's negative declaration affirmed by the City Council, and
subsequent initial studies prepared for project changes have been
considered. It has been determined that environmental studies adequately
address project changes and appropriate mitigation measures have been
incorporated into the project design. Furthermore the camiiission
determines that circumstances in effect at the time of approving the
development plan have not substantially changed, and that pursuant to
section 15163 of state and city enviromiental guidelines, the project will
not have a significant adverse impact on the environment provided that the
reca<mended mitigation measures are included.
2. The tentative map is consistent with the general plan.
3. The map substantially conforms with the approved preliminary development
plan and subsequent amendment including exceptions to subdivision design
standards.
4. The site is physically suitable for the proposed type of development.
5. The site is physically suitable for the proposed density of development.
6. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
7. The design of the subdivision and the type of improvements are not likely
to cause public health problems.
8. The design of the subdivision and type of improvements will not conflict
with the easements for access through or use of property within the
proposed subdivision.
Section 2. Exceptions. That the approval of the tentative map for Tract
1313 shall be subject to the following exceptions:
1. The length of Ridgeview Drive ail-de-sac is 700 feet where 600 feet is
normally allowed.
R 5765
1 I
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773esolution No. 5765 (1985 Series)
Tract 1313 (Foothill Annexation/La Mancha Properties)
Page 2
r 2. waiver of sidewalk on one side only is allowed for Ridgeview Drive and
Ridgeview Court. Cul-de-sac turnarounds shall maintain a .mini.mun 4-foat
wide integral sidewalk.
A. Sidewalk bulb-outs are allowed at mid-block and bridge culvert locations,
subject to the final design details being approved by the Community
Development Director and City Engineer.
SECTION 3. Conditions. That the approval of the tentative map for Tract
1313 be subject to the following conditions:
1. All streets shall be dedicated to the city.
A. Ridgeview Drive and Cerro Ranauldo extended shall be constructed to
Hillside residential street standards with 50 foot and 48 foot
rights-of-way, respectively.
Ridgeview Court shall be renamed La Lana Court. All other street names
shall be subject to approval of the Canminity Development Department.
1
� 4. La Lana Court and Cerro Court shall be constructed to provide for a 46 foot
right-of-way. Cul-de-sac turnarounds shall have a minimum turnaround
radius of 34 feet to curb, 38 feet to property line.
//5. JRidgeview Drive cul-de-sac turnaround shall have a radius of 42 feet to
(' euro and 48 feet to property line.
V6. Cerro Ranauldo shall be extended from its west end (just west of Rosita
Street) to the proposed Ridgeview Drive with phase I of the subdivision.
l 7. Street crossings at drainage easements on La Lana Court and Ridgeview Drive
shall provide a minimun of two 12-foot travel lanes, a 6-foot sidewalk on
one side of the street, and the remaining right-of-way landscaped by
subdivider.
/8. Subdivider shall provide full street improvements along north side of
Foothill Boulevard frontage of tract, including dedication of necessary
right-of-way, curb, gutter, pavement, street trees, drainage facilities,
and grading for future sidewalk. Sidewalk installation shall be deferred
on lots 2 through 4 until required by the City Engineer. Adjacent property
owners shall be responsible for installing sidewalk to city standards upon
90 day notice by the City Engineer. Said requirement shall be a covenant
recorded with deeds of affected lots.
/ 9. Subdivider shall purchase the necessary right-of-way off-site at 100
Foothill Boulevard per the city adapted plan line (Assessor's Parcel Number
52-351-42) to the approval of City Engineer.
--� -,?
Resolution No. 5765 (1985 Series)
Tract 1313 (Foothill Annexation/La Mancha Properties)
Page 3
10. Subdivider shall extend an 8-inch water line from Ridgevilew Drive to
Highland Drive.
11. Subdivider shall extend serer and water lines (8-indt) in Cerro Ranauldo
fran the tract boundary to Patricia Drive.
12. Subdivider shall extend an 8-inch water line frau Ridgeview Court to
Foothill Boulevard.
13. The 8" sewer line (8-inch) in Ridgeview Court shall be extended to city
lift station across Foothill Boulevard.
14. Utilities not in rights-of-way shall be served by all-weather dust-free
accessways and in public easements to the satisfaction of the Public Works
Department.
15. All utilities shall be undergrounded, sized and installed as determined by
the city utilities engineer and Fire Department.
16. Subdivider shall contribute toward repair or replacement of Foothill sewer
lift station to the approval of the Public Works Director.
17. Subdivider shall dedicate and improve easements for major drainage courses
in tract for maintenance, open space, and flood control. All drainage ways
shall be improved to meet city design criteria and shall be designed to
minimize disturbance to natural topography. All graded areas shall receive
erosion protection measures to the approval of the Community Development
Director.
18. Subdivider shall acquire the necessary off-site drainage easements as
required by the City Engineer.
19. Subdivider shall contribute toward improvement of downstream storm drainage
facilities to the approval of the City Engineer.
20. No drainage shall be diverted from one drainage basin to another.
21. No nDdification to or filling of existing natural drainage courses outside
of the public right-of-way.
22. A hydrology study shall be submitted with the final tract map.
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CResolution No. 5765 (1985 Series)
Tract 1313 (Foothill Annexation/La Mancha Properties)
Page 4
23. A soils and geology report shall be required. Grading plan shall be approved by
a soils engineer or geologist.
24. Final map shall note that lots 1 through 24 shall not be padded. Final map
shall note that grading shall be limited to streets, driveways and building
foundations. Minor grading for decks, yards, and patios may be approved by the
Cmuunity Development Director.
25. Perpetual open space easement for ten (10) acres over lots 13, 14, 15, and 17,
shall be granted to the city subject to the approval of the Canmunity
Development Director and City Attorney. The open space easement will be to
maintain the area in its natural open space character. The easement shall run
with the land and provide the following Limitations on land use or alterations:
a. No structures will be placed or erected on said premises without the prior
approval of the City Council.
b. Fencing appropriate to open space preservation shall be approved by the
Commnity Development Director. Solid fencing shall not be allowed.
C. No advertising of any kind or nature shall be located on or within said
premises.
d. owner shall not plant, nor permit to be planted, any vegetation upon said
open space area except for erosion control, fire protection and soil
stablizaticn or as allowed and approved by the Carmunity Development
Director.
e. The general topography of the area shall be preserved in its natural or
existing condition. No grading shall be allowed except as permitted by the
Ca=unity Developement Director for agricultural purposes.
f. No extraction of natural resources except for water.
g. No rermval of natural vegetation except for fire protection or elimination
of diseased growth, as approved by the Comminity Development Director.
26. Subdivider shall install a 20-foot wide landscaped and irrigated street yard and
fencing along Foothill Boulevard frontage of lots 2, 3, 4 and 41. Landscape
Plans shall be submitted by .the subdivider prior to final map approval. Said
plans shall be prepared by a qualified professional and approved by the
Community Development Director.
27. Subdivider shall grant a 20-foot wide landscape easement across lots 2, 3, 4,
arra 41 adjacent to Foothill Boulevard. Improvements in said easement shall be
maintained by property owners in perpetuity. This requirement shall be a deed
restriction and shall run with the land.
y-tv
Resolution No. 5765 (1985 Series) J
Traet. 1313 (Foothill Annexation/La Mancha. Properties)
Page 5
28. uniform fencing design, including landscaping, shall be provided along tract
perimeter and adjacent to open space easement. Said fence design shall be
approved by the Com uLity Development Director and shall be installed as
approved by property owners. This requirement shall be a deed restriction and
shall run with the lard.
29. Existing Eucalyptus trees shall ruin on site as shown on tentative map and be
safety pruned by subdivider to the approval of the City Arborist. Subdivider
shall enter into a tree protection agreement and shall past a bond to guarantee
protection of trees and performance of terms of agreement.
30. Final map shall note Lots 1-17 are considered sensitive sites and shall require
Architectural Review and approval prior to development.
31. Subdivider shall pay all costs necessary to acquire dedication of easements and
rights-of-way, including city's costs of condetmaticn proceedings, if necessary
to comply with conditions of tract approval.
32. Subdivision iirprovement plans and final map shall note building envelope lines
on Lots 1-17 designating location and area of building construction, to the
approval of the Cammni.ty Development Director.
33. Drainage Fran lots 3, 4 and 5 shall be collected and conveyed to Foothill
Boulevard to the approval of the City Engineer.
On rmtion of Councilman Settlg seconded by Councilman Dunin , and on the
following roll call vote:
AYES: Councilmembers Settle, Dunin, and Mayor Billig
NOES: Councilmembers Dovey and Griffin
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of August
1985.
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Mayo M Janie C. Billg
ATTEST:
City Clerk Pamela Vog
Resolution No. 5765 (1985 Series)
Tract 1313 (Foothili Annexation/La Mancha Properties)
Page 6
APPROVED:
0
Q ,,L a &MJ
Ci. Administrative office4j
City rttornek
Coal unity Develbpment Director
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Council Agenda Report for :
David and Karolyn Chandler
166 Los Cerros Drive
San Luis Obispo, CA 93461
Request - Remove one Eucalyptus from their property
Reason - Concern for liability to themselves and adjacent neighbors
(see attached letters)
Action - Reviewed by Staff and Tree Committee and approved for
removal on February T , 1989
Mitigation - This tree was to be retained as a condition of this
subdivision and needs council approval .
Alternatives
1 . Deny removal request
2 . Seek other mitigation measures; i .e. , reduce canopy size.
3 . ' Approve tree removal with an approved replacement tree
Staff Recommendation *3 — Approve tree removal with an approved `
replacement tree
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b/brazeal/chandler
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May s, 1988
We the undersigned, as neighbors, agree and support Mr . and Mrs.
Chandler ' s request to the city of San Luis Obispo for the removal of
the Eucalyptus tree in their front yard. We understand that it was
the recommendation of the City Arborist and the tree committee , to
remove the tree due to safety concerns.
Name Address Signature
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RECEIVED
Mr. Micrael Multari MAY 5i989
i t,Tti 0r, rC'ty m San Lw1 Uouuo
C i' a n LU 1 S L'l7 i S O .ommunay NveloPmem
P.O. Box 5100
:man Luis Obispo, CA 93_403-8100
D.-ar Mr. Multari :
This letter is in reference to cur request to remove a EucP_L,7ptuS
tree from our yard. This tree poses both -roperty and phvsical
endangerment. ' During recent development of the property, by the
previous owner,. there was substantial _evading. The result of this
grading was a severance of the root system of the Eucalyr-tus it
,u_-stion: leaving the majority of the root system above the
surrounding around level. The second Eucai.yptus on the prcperty did.
not survive this grading and was removed during the early stages 01
development .
Our neighbors, on both sides of us, have expressed concern over- the
potential danger that the tree represents if it would fall _ Their
concerns i_ ♦e with the existence of the obvious shallow riot -System, i` •
and the tree ' s vulnerability during our seasonal winds. ( Slee attached ,
letters )
Bob Hunter, a prominent local tree surgeon, feels the tree is e.
Iia.'- in its location. In a tree committee meeting �ebruar.- 7
'_939, he presented his findings to Jack Brazeal , the City Arborist .
Mr_ Brazeal and committee made a site visit to our property and all
concluded that the tree is unsafe and approved the tree removal .
Since moving into our new house.. we have z,lanted seven trees and
would not hesitate to plant an approved replacement tree upon rhe
city council 's approval of this request. We have also collected
neighborhood agreement and support si?natures from all surroundin?
neighbors.
if T can supply any further information, p-ease d0 nOt he
S'_`3t
call . I look forward to your response.
Sincerely,
David and Karol yz C'hand.ler
166 Los Cerros Dr.
;=an Luis Obispo , CA 93401
F. 6-g�75 \
•January 3, 1989
Mr. & Mrs. David. Chandler
166 Los Cerros Drive
San Luis Obispo, CA 93401
Dear Mr. & Mrs. Chandler,
This letter is to express my concern in regard to the Eucalyptus
tree in your front yard . Both my wife and I feel this tree poses a
serious safety treat not only to your house, but also ours if it fell.
in our direction.
I don't know if you are aware of the fact that one other
Eucalyptus tree that stood right across from the existing one was
lost during the construction of your home last spring; this was
attributed to the substantial grading done around the tree. The
existing tree had similar grading done around it and sets well above
the present grade. From what I understand, the root system of
Eucalyptus trees is fairly shallow and they are known to be unstable
under high winds; this coupled with the fact that the tree is setting
well above the original grade makes us very nervous .
As a concerned neighbor, I urge you to investigate a course of
action to remove the tree in. the near future .
Sincerely,
George Norris
188 Los Cerros Dr.
San Luis Obispo, CA 93401
1
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TREE COMMITTEE
February 7, 1989 Regular Meeting
Corporation Yard Meeting Room
MEMBERS PRESENT: DR. HOWARD BROWN, DR. ROBERT ROSENBERG, BARBARA HARTMAN
MEMBERS ABSENT: MIKE ZOHNS, TOM SHEVLIN
STAFF PRESENT: LANE WILSON, LISA WOSKE
1 . REVIEW MINUTES OF LAST MEETING
The minutes of the January 17, 1989 regular meeting were approved as
submitted.
2. TREE REMOVAL REQUESTS
— 166 Los Cerros (Eucalyptus)
Bob Hunter, applicant's representative, tree surgeon, felt the tree
was a liability in its location, root problems, and safety factors.
Karolyn Chandler, applicant, submitted letters of concern from Roger
Hepperly and George Norris. Both letters stated concern over the
tree's stability and property/personal liability issues and they
advocated its removal.
Mr . Hnnrar fnlr ; Lnl ;k--,[ .. .. .--
uprooted in a wind storm, due to the shallow root syste, and subsequent
root damage from the development grading. He felt the tree had a low
landscape value rating.
Mrs. Chandler stated that she intended to plant another tree; possibly
a magnolia.
Lane Wilson noted that the tree—saving intention of the condition
placed on this initial development did not follow through. He felt
Planning and staff needed to evaluate where the development will take
place on a specific lot with a tree retention condition.
Dr. Rosenberg moved to approve the removal request, provided that a 'I
suitable tree was planted in its place.
TREE COMMITTEE MINUTES
February 7, 1989
Page Two
Barbara Hartman seconded the motion. The committee passed the motion
unanimously.
— 1815 Monterey (Acacia b e"yana)
The committee agreed tha a area was very crowded.
Dr. Rosenberg felt staff neede consult with the property owners
to clarify how the area could be hanced and which tree(s) needed
removal, pruning, etc.
The committee agreed to table t item until the next meeting.
— 1420 Johnson (Pittosporum)
The committee discussed t dense landscaping.
Dr. Brown moved to grant the oval reuqest and not require a re-
placement tree, as existing lan pe was heavy, a:+d that the exist-
ing magnolia tree was a fine lands - a specimen and no request for
its removal. should be considered.
Dr. Rosenberg seconded the motio
The commitee approved the m on.
3. -ARBOR DAY UPDATE
NIc _ 14.,.....•..,.. .-n nnrtad that she ha(i mar gar rh Russ Wi ttbereer ofL ,-1
radio and that he was very helpful in suggesting various promotional
PSA's and PR for Arbor Day activity exposure. The committee agreed
that Mr. Wittberger should be invited to the dinner to thank him for
all his efforts and the PR his station would provide.
Lane Wilson noted that the mayor's Proclamation should be available around
February 21, 1989.
Dr. Brown reported on the correspondence taking place with the keynote
speaker, ensuring his commitment and discussing topic agenda. He also
noted that Jack Brazeal was having problems reaching Don Olsen of Houston
�i regarding Houston's Commemorative Grove program, but that Mr. Olsen's
office had agreed to send pertinent information.
�s
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TPEE COMMITTEE MINUTES
February 28, 1989
Page Two
OLD BUSINESS
`tr. Brazeal reported that the tree removal request at 166 Los Cerros that
L110 committee had approved at last meeting was being sent to council. for
their review, since that tree retention was part of a city permit condi-
tion for that subdivision.
lie also reported that the City of Houston had sent a package of information
reviewing their numerous, successful Commemorative Grove programs and that
staff would review the contents.
a XSBUSINESS
1 !i,-re was no new business.
I'
meeting adjourned at 5:30 p.m. No new date was set for the next
. •cular meeting.,
I:t•spectfully submitted,
1.' sa Woske
4-cording Secretary
city of san tu1S OBISPO
Mix. 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
TREE REMOVAL APPLICATION FORM
REASONS:
Sewer Curr Gutter Sidewalk.
Other Property and physical endangerment
ADDRESS OF PROPERTY: 166 L o s Cerro s D r __
PROBLEM: The majority of the existing tree ' s roo 4,YS.t.P.liLtG ahntL�_
the surrounding ground level and is 10 feet from the gnrngP_ _
A. History: Recently ourchased . n1ew y_eezjt 922d hn„¢a ani 1 .,r
with two uucalypt_u_s trees . During aradirlg root �S,ysrPm on —
oth trees . were severed and one tree w lost- _
B. What has been done to remedy current problem?
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-------------------------------
C. Has tree been root pruned previously? -------- If so, when?
D. If sewer line problem:
What type of sewer line exists?
Has sewer line been replaced? If so, when?
E. Comments: iieigiiuors uu uulii- -Sl.uc.S ul us uave exu.Lt.zZrtL—
concern over the potential danger that the tree reoresgn>=,5-
i it would fall , since the root system is sh_allo_w
ave_strong seasonal_winds____-----_--
PLEASE SUBMIT DATED COPIES OF RECEIPTS FOR EXPENSES INCURRED RELATED
TO THE TREE PROBLEM FOR THE LAST THREE (3) YEARS, AND RETURN ALONG
WITH COMPLETED APPLICATION TO JACK BRAZEAL, CITY ARBORIST, 25 PRADO
ROAD, SAN LUIS OBISPO, CA, 93401 , (805) 549-7220.
OWNER: David & Karolyn Chandler DATE. 1/18/89
(Please print)
ADDRESS: 166 'Los Cerros Dr . ------------- TELEPHONE- 546-8275
71T
-- _. — - OratE'N� AGENDA 2.._.
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city of sAn luis oBispo
1 i 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
June 20, 1989
TO: City Council
FROM Michael Multari, Community Development Director
VIA: John Dunn, CAO
SUBJECT: Item C-7 on Council's June 20th agenda
Staff recommends that the council take no action on this item. Due to possible legal and
procedural difficulties with amending tract conditions, the City Attorney preferpanother
approach to allow the tree removal. Staff will follow-up with a memo outlining the
administrative steps taken to resolve the issue. The applicant has been notified, and
has no problems with this approach.
G
jh7/tree
RECEIVE®
JUN ? n
CITY CLERK
SAN LUIS OB&O.CA
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