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Home My WebLink About02-25-2019 TC Agenda PacketGt�II �fi Agenda 1 t/1 TREE COMMITTEM ti yrs o� 5:00 p.m. Monday, February 25, 2019 REGULAR MEETING CALL TO ORDER Chair Scott Loosley Corporation Yard Conference Room A 25 Prado Road San Luis Obispo, CA ROLL CALL: Committee Members Alan Bate, Elizabeth Lucas, Sean O'Brien, Brian Rolph, Rodney Thurman, Vice Chair Jane Worthy, Chair Scott Loosley CONSIDERATION OF MINUTES 1. Minutes of the Tree Committee of January 28, 2109 PUBLIC COMMENT: At this time, people may address the Committee about items not on the agenda. Persons wishing to speak should come forward and state their name and address. Comments are limited to three minutes per person. Items raised at this time are generally referred to staff and, if action by the Committee is necessary, may be scheduled for a future meeting. TREE REMOVAL APPLICATIONS 2. 848 Veneable St. 3. 530 Serrano Dr. 4. 478 & 480 High St. 5. 1172 - 1196 Leff St. 6. 833 El Capitan Way Tree Committee Agenda for December 10, 2018 BUSINESS ITEMS 12. New Business: None Recommendation: 13. Old Business: Review Draft Tree Ordinance staff report Page 2 Recommendation: Review proposed amendments under consideration and provide feedback. COMMENT AND DISCUSSION 14. Arborists Report: None ADJOURNMENT The next Regular Meeting of the Tree Committee is scheduled for Monday, March 25, 2019, at 5:00 p.m., in Conference Room A of the Corporation Yard, 25 Prado Road, San Luis Obispo, California. Oahe City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Corp Yard Office at (805) 781-7220 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7107. Meeting audio recordings can be found at the following web address: lett :Ilo en ov.slocity.org/webl i nk/lI/fol/610871Row l.as x TREE COMMITTEE !pi Minutes - DRAFT Monday, January 28, 2019 Regular Meeting of the Tree Committee CALL TO ORDER A Regular Meeting of the San Luis Obispo Tree Committee was called to order on Monday, January 28, 2019 at 5:02 p.m. in Conference Room A, located at 25 Prado Road, San Luis Obispo, California, by Vice Chair Worthy. ROLL CALL Present: Committee Members Alan Bate, Elizabeth Lucas, Sean O'Brien, Brian Rolph, Rodney Thurman, Vice Chair Jane Worthy Absent: Chair Scott Loosley Staff: City Arborist Ron Combs, Tree Dept. representative Anthony Whipple and Recording Secretary Lisa Woske APPROVAL OF MINUTES 1. Consideration of Minutes of the Tree Committee Meeting of December 10, 2018: ACTION: UPON MOTION BY COMMITTEE MEMBER BATE, SECONDED BY COMMITTEE MEMBER O'BRIEN, CARRIED 6-0-1, the Tree Committee approved the minutes of the Tree Committee Meeting of December 10, 2018, as presented. PUBLIC COMMENT Will Powers. --End of Public Comment -- TREE REMOVAL APPLICATIONS 2. Los Verdes Park 1 (Cypress) Carol Mees, applicant, provided a brief overview of the tree removal project. DRAFT Minutes — Tree Committee Meeting of December 10, 2018 Page 1 Mr. Whipple provided a presentation and responded to Committee inquiries. Public Comment Janet Kase. Will Powers. --End of Public Comment -- ACTION: UPON MOTION BY COMMITTEE MEMBER O'BRIEN, SECONDED BY COMMITTEE MEMBER BATE, CARRIED 4-2-1, the removal request was denied, as none of the required findings for approval could be made. 3. 2070 PRICE The item was withdrawn. 4. 1517 Balboa (Modesto ash Janice Wallwork, applicant, provided a brief overview of the tree removal project. Mr. Whipple provided a presentation and responded to Committee inquiries. Public Comment Will Powers. --End of Public Comment -- ACTION: UPON MOTION BY COMMITTEE MEMBER THURMAN, SECONDED BY COMMITTEE MEMBER LUCAS, CARRIED 5-1-1, the removal request was denied, as none of the required findings for approval could be made. 5. 1243 Bond (Coast Live Oak) Matthew Roberts, applicant, provided a brief overview of the tree removal project. Mr. Whipple provided a presentation and responded to Committee inquiries. Public Comment Will Powers. Ron Rinnell. --End of Public Comment -- DRAFT Minutes — Tree Committee Meeting of January 28, 2019 Page 2 ACTION: UPON MOTION BY COMMITTEE MEMBER ROLPH, SECONDED BY COMMITTEE MEMBER O'BRIEN, FAILED 2-4-1, the motion to approve based on undue hardship and require three replacement trees did not pass. ACTION: UPON MOTION BY COMMITTEE MEMBER BATE, SECONDED BY COMMITTEE MEMBER LUCAS, CARRIED 6-0-1, the removal request was approved to promote good arboricultural practice, with the replacement requirement of planting one 15 - gallon tree to be chosen from the Master Street Tree list and planted within 45 days of tree removal, conditioned upon the Gas Co. determining the tree was interfering with their line. 6. 1140 Iris (Eucalyptus) Greg Wynn and Ron Rinnell, applicant representatives, provided a brief overview of the tree removal project. Mr. Whipple provided a presentation and responded to Committee inquiries. Public Comment Kim Boge. Will Powers. --End of Public Comment -- ACTION: UPON MOTION BY COMMITTEE MEMBER LUCAS, SECONDED BY COMMITTEE MEMBER BATE, CARRIED 6-0-1, the removal request was approved as doing so would not harm the character of the neighborhood, with the replacement requirement of planting two 24" box native species trees to be chosen from the Master Street Tree list and planted within 45 days of tree removals. 7. End of Emily St. Pe er Glen Matteson, applicant, provided a brief overview of the tree removal project. Mr. Whipple provided a presentation and responded to Committee inquiries. Committee Vice Chair Worthy stated she would abstain from voting. Public Comment Will Powers. --End of Public Comment -- DRAFT Minutes — Tree Committee Meeting of January 28, 2019 Page 3 ACTION: UPON MOTION BY COMMITTEE MEMBER THURMAN, SECONDED BY COMMITTEE MEMBER LUCAS, CARRIED 5-0-1-1, the removal request was the removal request was denied, as none of the required findings for approval could be made. 8. 1239 Foothill(Canary Islandvine) Jim Pugh, applicant representative, provided a brief overview of the tree removal project. Mr. Whipple provided a presentation and responded to Committee inquiries. Public Comment Will Powers. --End of Public Comment -- ACTION: UPON MOTION BY COMMITTEE MEMBER O'BRIEN, SECONDED BY COMMITTEE MEMBER BATE, CARRIED 5-1-1, the removal request was approved to promote good arboricultural practice, with the replacement requirement of planting one 15 - gallon tree to be chosen from the Master Street Tree list and planted within 45 days of tree removal, conditioned upon the Gas Co. determining the tree was interfering with their line. 9. 694 Church (Eucalyptus) Shawn Collarman, applicant representative, provided a brief overview of the tree removal project. Mr. Whipple provided a presentation and responded to Committee inquiries. Public Comment Will Powers. --End of Public Comment -- ACTION: UPON MOTION BY COMMITTEE MEMBER ROLPH, SECONDED BY COMMITTEE VICE CHAIR WORTHY, CARRIED 6-0-1, the removal request was denied, as none of the required findings for approval could be made. 10.4302 Wavertree Two CansEy Island ines Scott Cartwright, applicant, provided a brief overview of the tree removal project. DRAFT Minutes — Tree Committee Meeting of January 28, 2019 Page 4 Mr. Whipple provided a presentation and responded to Committee inquiries. Public Comment Will Powers. Shawn Collarman. --End of Public Comment -- ACTION: UPON MOTION BY COMMITTEE MEMBER THURMAN, SECONDED BY COMMITTEE MEMBER ROLPH, CARRIED 6-0-1, the removal request was approved to promote good arboricultural practice, with the replacement requirement of planting two 15 - gallon trees to be chosen from the Master Street Tree list and planted within 45 days of tree removals. 11. 152 Broad (Redwood) Barry Jones, applicant, provided a brief overview of the tree removal project. Mr. Whipple provided a presentation and responded to Committee inquiries. Public Comment Shawn Collarman. Cheryl McLean. Will Powers. --End of Public Comment -- The applicant withdrew the application. BUSINESS ITEMS 12. NEW BUSINESS Block by block ronin to 6c in in the Downtown district. Staff informed committee of contracted tree trimming services beginning in the Downtown & area 2 and responded to Committee inquiries. 13. OLD BUSINESS There were no items. DRAFT Minutes — Tree Committee Meeting of January 28, 2019 Page 5 COMMENT AND DISCUSSION 14. ARBORIST'S REPORT Urban Forest Awareness Day is Saturday, May 25 2019 in the Mission Plaza Misty Celaya, discussed the event and responded to Committee inquiries. ADJOURNMENT The meeting was adjourned at 7 p.m. The next Regular Tree Committee meeting is scheduled for Monday, February 28, 2019 at 5:00 p.m., in Conference Room A, located at 25 Prado Road, San Luis Obispo, California. APPROVED BY THE TREE COMMITTEE: XX/XX/2019 DRAFT Minutes — Tree Committee Meeting of January 28, 2019 Page 6 :2� - 7---`�-- - - Urban Forest Services sc4r For Office Use Only: Its/�i a i Entered: 1�S _ Letter: TREE REMOVAL APPLICATION — FOR EXISTING RESIDENTIAL, COMMERCIAL & *HOA PROPERTIES. OWNER: r t) f r r r APPLICANT: ADDRESS: ,�. ADDRESS: CITY ZIP' 3 CITY-: rJ S �!_ 5 ZIP: - az PHONE: ( g� } 92 — PHONE: ( EMAIL: Y EMAIL: if r 4 Is this a City Street Tree? Yes []No 11 Unknown Dog in the yard? ❑Yes MNo *Is this property governed by a Home Owners Association (HOA)? ❑Yes oNo - If Yes, submit HOA Board Approved Meeting Minutes that authorize tree removal(s) with this application. .5- Reason for tree removal?7tkp Z'f� / �/ � �� / Tree Species**Proposed Replacement Tree(s)j--+"yP.TL **Private tree removals may require replacement tree(s) to be planted on site as a condition of approval. "City Street Tree removals must be replaced with species from the Street Tree Master List - see website. ,Please draw a sketch map in box below. Show building outlines, streets and only tree(s) to be removed represented with an X or you may submit a detailed landscape / site plan along with this application form. Ai dress Tree(s) V �« Cross -Street CUl��y # Trees a" 1Ropr-_ R TY 1 X bRW wFY 'tR IV's wfly APP&AGH X tree(s) must have ribbon or duct tape wrapped around the trunk to identify prior to inspection. By signing this application. I agree to replant tree(s) on my property within 45 days of tree removal, if approved and or required as a condition of the $81 00 permit if granted 5y Tree Committee. Authorization orization v for 6 months. Property Owner's Signature f ! f —Date-/ Applicant's Signat Date "/ Submit completed application to address above, fax to 805.542.9868 or scan and email to rcombs2Slocity.0rq 1/25/2019 ,1 Scan 20190124.tiff ro e_ Ke '7— d sCAPNED Urban Forest Services fo 0"K1 Ury Only Frt.ren to 1 TREE REMOVAL APPLICATION - FOR EXISTING RESIDENTUL, COMMERCIAL 3'HOA PROPERTIES f `� dWNVR f - - 1I APPL cAiT A j {- 1 _ 3%1 Ar"c.. 1 ';t r: r-►-.C.e et- . I I-4 s- /�� _ L-'�Y ADDRESS. D ADDRESS: __L2_0 �7- --- CITY 5; GILD 1P 93 z_ GJ— C1TY z � fl�Z ^ C• f PHONE IO �� } -) I� RHONE l EMAIL EMAIL r i. Is this a City Street Tree? []Yes ®No ❑ Unknown Dog in the yard? ❑Yes ®No 'Is this property governed by a Home Owners ASsoaatron(HOA)? ❑Yes ®No. If Yes, submit HOA Board Approved Meeting Minutes that authorize tree removal(s) with this application 1 ��11 Reason for tree removal? ,- r ` x C e 1 •. I _ .J • a fw�c�.,C Tree Species •> ( "Proposed Replacement Tree(s) i1, )a,. 4-L. S —Private tree removals may require replacement tree(s) to be planted on site as a condition of approval. "City Street Tare removals must be replaced with species from the Street Tree Master List - see website .t=Please draw a sketch map in box below Show building outlines, streets and only tree(s) to be removed represented with an or you may submit a detailed landscape !site plan along with this application form Address of Tree(s) 53 C, x . 1 �! ^ —Cross -Street -- T ' - ; #Trees � X tree(s) must have ribbon or duct tape wrapped around the trunk to identity prior to Inspection. By sgrung true app4cat,on, I agree Ircnr s y p-Wly rr m m 45 days of tree removal. if approved and or f®qu as a '•�+ of rhe $81 0o peand d granted by 1 C w, va t B monMs•- Property Owner's Signature — Date Applicant's S49naiure t7ale --- Submit completed application to address above. fax to 805 542 9868 or scan and email to rcombsnslocity Orr hitps:tlmail.google.comlmaillul0/#inboxlFMfcgxwBVMIsTPgZCjhFkBkzSXbpgCZB?projector=1 1�1 1/28/20'T (3'0 gile Maps 537 Serrano Dr �r "A , rw! Image capture: Apr 2015 @ 2019 Google San Luis Obispo, California Google Street View - Apr 2015 hUps://www.google.com/maps/place/530+Serrano+Dr,+San+Luis+Obispo,+CA+93405/@35.2904039,-120.6759414,3a,75y,307.57h,84.17t/data=!3m6!" . 1/1 Urban Forest Services�'"_ _ � �� For Office Use Only: 25 Prado Road, San Luis Obispo, CA 93401-3218 f+ *��4 {� �. e u 3 �J.�i31 Q fax 805.x929$ 1��U Entered: 3L Lcr SIOCIty.Or9 ^ s Letter:fii TREE REMOVAL APPLICATION— FOR EXISTING RESIDENTIAL, COMMERCIAL & *HOA PROPERTIES. N40 OWNER: HOUSING AUTHORITY SAN LUIS OBISPO ADDRESS: 478 & 480 High St. CITY: SAN LUIS OBISPO ZIP: 93401 PHONE: (805 ) 453-4478 EMAIL: Jose Lemus <JLemus@haslo.org> APPLICANT: Firma Consultants, Inc. On Behalf of HAS qO ADDRESS: 187 Tank Farm Rd. CITY: San Luis Obispo ZIP: 92401 PHONE: ( 805 �81-9800 (cell) 805.363.1370 EMAIL: lindsay@firmaconsultants.com Is this a City Street Tree? ❑Yes ❑x No ❑ Unknown Dog in the yard? ❑Yes ®No *Is this property governed by a Home Owners Association (HOA)? ❑Yes ®No - If Yes, submit HOA Board Approved Meeting Minutes that authorize tree removal(s) with this application. Reason for tree removal? Various trees, are proposed for removal as part of HASLO renovation project. Tree Species see Demolition Plan attached **Proposed Replacement Tree(s) see Planling Plan **Private tree removals may require replacement tree(s) to be planted on site as a condition of approval. "City Street Tree removals must be replaced with species from the Street Tree Master List - see website. ,!SPlease draw a sketch map in box below. Show building outlines, streets and only tree(s) to be removed represented with an X or you may submit a detailed landscape / site plan along with this application form. Address of Tree(s) _ 47$!% 480 High St. Crass -Street i41 N c:�, s -r. # Trees - X tree(s) must have ribbon or duct tape wrapped around the trunk to identify prior to inspection. By signing this application, I agree to replant tree(s) on my property within 45 days of tree removal, if approved and or required as a condition of the $81.00 permit if granted by Tree Committee. Authorization valid for 6 months. Property Owner's Signature Applicant's Signature Date Date 1-17-2019 Submit completed application to address above, fax`t6 805.542.9868 or scan and email to rcombs(a)slocity.org .�(n tl� o�!q0 slnl ueg NVld N0110310Ud 33111 odsigo 'x^« "a"°" m°'•' = i '� lues l0 7S AM M 9 BLP R NOIIIIOV430 3dVOSONY1 L $ l4uo47ny Hulm°H qdy IS q%IH € a a a a �«wo ywwd wi(Nws e%afl�lj g li s� J � ] Y } i i a O wiz%�@�f4� yE€Z � >bFEr � Z F : CC o 0 of swgm �si�� iC �; 3g �a3 N u k yr<'� i °eiwi irzw� �z •F .05 ..x WW O R W i p 6¢ a'oz _ yz off» 6F^r -Ki yyrq.$E€g8 C 6 ooma :so rn -ii Oa�L epgp X53 oY "=8e 9 & :• - �rr a L ¢f="'12 ogogz Saw �6J� !r-+ Y9 � b o ?m ¢ b 6 6 p6 m W p fi Y z ��Y16 wow O ?a� W03 Z SL�{�><' Y cYi •a ! Y N pz „a a<z ¢ ¢� 3=Z c a0 r ' f��m tom i fo Nw z ee �' ?; Z0 eed C� a sT. pg�€ertr� Wye g 2� g•E Foto C 5 ! " wa ��ii aW Z O `4 Ep�p6 €G � ao€ Q;E;:p ❑ G M Y 2E2 OK / `� • 88 "�� QFYs N Q p E �€1r O o.Sr $ oEK cc 9 8 RN �G I f II ,. C . I i yo-oas,po si^j ,S NVId JNUNVId ..-' ALU/y ! J •°�sipp sinl ueg�lo 15 4P�H OBb @ BL9 1 = 1 R11-1MV 2�—H +1aV'IS 481H ® ► A 5 z rw VRN al al iE LS��€ i3e - a� s aso� 8tl4S3 :xm <i _; 5°°€ E ® ► A 5 Urban Forest Services For Office Use Only: tot 25 Prado Road, San Luis Obispo, CA 93401-3218 C■�� Entered: �� ..8.05,261.7220 fax- 805.542.9868 slocity.org Letter:40 TREE REMOVAL APPLICATION— FOR EXISTING RESIDENTIAL, COMMERCIAL & *HOA PROPERTIES. OWNER: HOUSING AUTHORITY SAN LUIS OBISPO APPLICANT: Firma Consultants, Inc. On Behalf of HASI. ADDRESS: 187 Tank Farm Rd. ADDRESS: 1172-1196 Leff St. CITY: SAN LUIS OBISPO ZIP: 93401 CITY: San Luis Obispo ZIP: 92401 PHONE: (805 ) 453-4478 PHONE: ( 805 X181-9800 (cell) 805.363.1370 EMAIL: Jose Lemus <JLemus@haslo.org> EMAIL: lindsay@firmaconsultants.com Is this a City Street Tree? ❑Yes 3 No ❑ Unknown Dog in the yard? ❑Yes ®No *Is this property governed by a Home Owners Association (H OA)? ❑Yes ®No- If Yes, submit HOA Board Approved Meeting Minutes that authorize tree removal(s) with this application. Reason for tree removal? Various trees, are proposed for removal as part of HASLO renovation project. Tree Species see Demolition Plan attached **Proposed Replacement Tree(s) see Planting Plan **Private tree removals may require replacement tree(s) to be planted on site as a condition of approval. **City Street Tree removals must be replaced with species from the Street Tree Master List - see website. ,CSPlease draw a sketch map in box below. Show building outlines, streets and only tree(s) to be removed represented with an X or you may submit a detailed landscape / site plan along with this application form. Address of Tree(s) 1172-1196 Leff St. Cross -Street O # Trees �AdlA, �f s�ln.r_ rv� • ��r �r��riar h� � spree{-. X tree(s) must have ribbon or duct tape wrapped around the trunk to identify prior to inspection. By signing this application, I agree to replant tree(s) on my property within 45 days of tree removal, if approved and or required as a condition of the $81.00 permit if granted by Tree Committee. Authorization valid for 6 months. Property Owner's Signature Applicant's Signature Date 1-17-2019 Submit completed application to address above, faxi6 805.542.9868 or scan and email to rcombs ftslocity.yrct (Q -Firms RAIPWm)"s wv*ref W USIA ou Al p pn ; rd. •:' 64 OAFri �AdlA, �f s�ln.r_ rv� • ��r �r��riar h� � spree{-. X tree(s) must have ribbon or duct tape wrapped around the trunk to identify prior to inspection. By signing this application, I agree to replant tree(s) on my property within 45 days of tree removal, if approved and or required as a condition of the $81.00 permit if granted by Tree Committee. Authorization valid for 6 months. 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G Reason for tree removal? A 2_ o_ s 5' 2 C�' �, n Tree Species- "Proposed Replacement Trees) c "*Private tree removals may require replacement tree(s) to be planted on site as a condition of approval. "City Street Tree removals must be replaced with species from the Street Tree Master List - see website. .ESPlease draw a sketch map in box below. Show building outlines, streets and only tree(s) to be removed represented with an X or you may submit a detailed landscape / site plan along with this application form. Address of Tree(s) 33 [:W i' k/ L Crass -Street # Trees �11 Neu ( / �j X tree(s) must have ribbon or duct tape wrapped around the trunk to Identify prior to inspection. By signing this application, I agree to replant tree(s) on my property within 45 days of tree removal, if approved and or required as a condition of 1he $81.00 permit if granted by Tree o mt torizatlon valid for 6 months. Property Owner's Signature Date /0/1 Applicant's Signature T Date Submit completed application to address above, fax to 805.542.9868 or scan and email to room s sloci .or Tree Committee Agenda Report f�r5 o�ti FROM: Daryl Grigsby, Director of Public Works Prepared By: Matt Horn, Deputy Director of Public Works Victoria Tonikian, Management Fellow SUBJECT: AMENDING SECTION 12.24.030 AND REPLACING SECTIONS 12.24.090 AND 12.24.180 OF THE CITY'S MUNICIPAL CODE RELATING TO TREE REMOVAL RECOMMENDATION Review proposed amendments to Section 12.24.030 and replacement of sections 12.24.090 and 12.24.180 of the City's Municipal Code relating to Tree Removal. 2. Provide feedback to City Council regarding proposed amendments and replacements to the City's Municipal Code relating to Tree Removal. DISCUSSION Chapter 12.24 of the City of San Luis Obispo's Municipal Code outlines the City's tree regulations. Due to recent changes in the State of California regulations and feedback received from Tree Committee and Community; revisions to the City's tree regulations are currently under consideration. State Regulations The Housing Accountability Act (HAA) is a California state law designed to promote infill development by speeding housing approvals. The Act was passed in 1982 in recognition that "the lack of housing, including emergency shelter, is a critical statewide problem". It empowers the State of California to limit the ability of local government to restrict the development of new housing. The Act was strengthened by its amendment in 2017. HAA requires objective standards to apply if project is denied for a variety of reasons, and a tree removal may be such a reason. The City's existing tree regulations could be determined to be more subjective standards rather than objective standards. Feedback Received from the Tree Committee and Community On December 11, 2017 staff requested feedback on the City's existing tree regulations from the Tree Committee and Community at a regularly scheduled Tree Committee meeting. At that time, the following thoughts were received: 1. The City's existing tree removal process is inconsistent Page Number 1 2. There was general concern about losing tree canopy with changes to the tree regulations I Development applications should be reviewed by staff with a background in urban forestry 4. The Tree Committee meets once a month and there was concern that a larger volume of tree removal requests would be burdensome to the Tree Committee and Community 5. There is a need to increase education of City Staff and the Community on the existing tree regulations 6. Tree removal requests that are received after a project is underway are challenging to handle within the existing tree regulations framework 7. The Tree Committee would rather review tree removal applications before other permits or project entitlements are issued by the City 8. A low number of tree removal requests on a parcel of land that has a high number of trees should be considered differently than a low number of tree removal requests on a parcel of land that has a low number of trees 9. Additional resources should be provided to the City Arborist in order to allow for more new tree plantings annually Observations by staff at the December 11, 2017, Tree Committee meeting while the Committee deliberated on tree removal requests: 1. Should the City Arborist have increased authority to approve tree removal requests when an existing tree has a structural deficit? 2. Would providing standard tree removal compensatory planting help the Tree Committee's determination and provide Community baseline expectations of a tree removal? 3. Should the City Arborist have increased authority to authorize tree removal requests when the tree is afflicted by multiple conditions that will limit the tree's lifespan such as being both drought stressed and infested with pests. 4. Should compensatory tree plantings above and beyond minimum compensatory planting requirements be considered when a tree removal request is under consideration? 5. Should the City's tree removal applications and minimum required information of the applicant be revised to better handle multiple tree removal requests including notification to the applicants that each tree may be considered individually? Draft Section 12.24.030 Definitions Amendments After discussion about definitions that are currently not outlined in the City's Municipal Code staff is recommending the addition of five definitions to Section 12.24.030. Under the current City of San Luis Obispo Municipal Code, the City's tree removal regulations do not define or otherwise regulate "significant trees" and the City's current standards do not legislatively Page Number 2 protect against the removal of such trees. In response to this lack of definition, it is recommended that Section 12.24.030 of the City's Municipal code be amended to include the definitions of "significant trees". Additionally, in replacing Sections 12.24.090 and 12.24.180, staff is recommending adding the definitions of "public traffic", "discretionary development permit", "ministerial development permit", and "development permit". Staff believes the addition of these definitions will provide greater clarity and understanding to a variety of stakeholders including staff, advisory bodies, the City Council, and members of the public. The proposed definitions are listed below: 1. Significant Tree means a tree which makes substantial contributions to natural habitat or to the urban landscape due to its species, size, or rarity. Determination of what constitutes "substantial contributions to natural habitat or the urban landscape due to its species, size or rarity" shall be evaluated pursuant to the criteria set forth in section 12.24.090. 2. Public Traffic includes all motorized vehicles, bicycles, pedestrians, and personal mobility devices. 3. Discretionary Development Permit means a project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove an activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. 4. Ministerial Development Permit requires little or no personal judgment by the public official as to the wisdom or manner of carrying out the project such as the review and issuance of building permits where review is limited to ensuring project meets minimum code requirements of adopted standards. For this definition, the discretionary act of issuance of a tree removal permit does not redefine a Ministerial Development Permit into a Discretionary Development Permit. Draft Replacement of Section 12.24.090 Tree Removal (Attachment 1) In the last few years, recent development projects have highlighted various concerns regarding the City's tree removal regulations which are codified in Section 12.24.090 of the City's Municipal Code. The primary concerns are the following issues: 1. The process for considering tree removal requests when the request is related to a development application; and 2. Tree removal standards. Tree Removal Process Concerns: Page Number 3 The City's tree removal regulation categorizes tree removal requests into five separate categories: 1. Tree removal not related to property development 2. Tree removal for tree health or hazard mitigation 3. Tree removal with a development permit 4. Unregulated tree removals 5. Tree removals by the City One of the focal points of concern is the Tree Committee's involvement in tree removal where architectural review is a component of the underlying development. Decisions regarding these specific tree removal requests are made by the Architectural Review Commission (ARC) without any formal input by the Tree Committee. The Tree Committee only considers such applications if the City Arborist recommends a denial of the request and the ARC approves the projects. This language can be found in SLOW Section 12.24.090.E.2.c, shown below: c. If architectural review is required for the development, the architectural review commission shall approve or deny the application: i. If the city arborist has recommended denying the application and the architectural review commission has approved the application, the tree committee shall review the architectural review commission's decision; ii. If the tree committee concurs with the city arborist's recommendation to deny the application when the architectural review commission has approved the application, the City Council shall review the matter for the final action. The language as currently drafted is internally inconsistent to the extent that it both suggests that the ARC can "approve" an application against the Arborist's recommendation (which suggests ARC will take final action), but then suggests that the Council will review the matter for final action. Based on discussions with City staff and various advisory body members, one consequence of this approach is that the Tree Committee is being tasked to review a removal request for an otherwise approved project. In prior instances, this type of process has resulted in confusion and the goal in amending and replacing sections of the Municipal Code related to tree removals is to have a defined process outlined in the City's code that will provide further guidance to staff and a greater level of predictability to applicants when processing a project that includes any tree removal components. Tree Removal Standards Certain development projects have highlighted the fact that the City's tree removal regulations do not have any specific standards to determine when a tree removal request should be approved or denied. Specifically, the "Tree Removal Not Related to Property Development" Page Number 4 and "Tree Removal with a Development Permit" sections of the code do not specify any criteria by which to evaluate a removal (i.e. non-native or native, age, height, trunk diameter, health, reasonably anticipated life span, etc.) or any guidelines for staff to apply to balance the removal or preservation of trees against potentially competing development objectives. Due to the lack of specific standards, the proposed recommended replacement for Section 12.24.090 clearly identifies the specific standards in subsection G. of the draft municipal code. Additional Amendments In addition to the stated concerns above, other sections have been amended and added to provide a greater clarity to the City's regulations related to tree removal. Sections that have been added to the current Municipal Code include: Application for a Tree Removal Permit and Compensatory Tree Planting. Lastly, virtually every subsection of Chapter 12.24.090 has been amended to include greater clarity and detail in regard to the City's standards for tree removals relating to permits for removal, permit not required, tree removal applications related to tree health, hazard mitigation convenience, or ministerial permit, notifications of tree removals, expiration of appeals, and the City's street and sidewalk maintenance program. These proposed changes have all been shown in the legislative draft of Chapter 12.24.090 of the Municipal Code in Attachment 1. Draft Replacement of Section 12.24.180 To create greater clarity regarding the appeals process outlined in Section 12.24.180, staff has included a chart that outlines the appeals process based on the type of removal application type, decision maker, and appeal body. CONCURRENCE Staff from the Community Development Department has been heavily involved in the recommended amendments and replacements of the Municipal Code. Additionally, the City's Interim Deputy Director of the Office of Sustainability has reviewed the recommended amendments and replacements and has found them to be consistent with sustainable best practices. ATTACHMENTS Attachment 1— Legislative draft of Section 12.24.090 of the City's Municipal Code Attachment 2 — Legislative draft of Section 12.24.180 of the City's Municipal Code Page Number 5 Attachment 1 12.24.090 Tree Removal A. Policy. The city values trees as an important part of the natural and economic environment and efforts shall be made torop tect, preserve, enev , essi le and f asibk- and create the conditions that will promote the preservation of sin ificant trees and the removal of significant trees when warranted see Section 12.24,030 Definitions,• W. When reviewing requests for tree removal permits, the city shall discourage Feffovi ig des;, -able ;; +d-,ha44 eansider- a. of desirable trees only as a last feseA alter -native fer- the applicant removing significant trees. B. Permits for Removal. , exceptasOtheFWiSO P 'ltd- in *-his � ap4er Except as otherwise specified in this chapter, STlifR ilri person shall cut down remove or destroy any tree or cause the Cutting down removal or destruction of any tree unless that person has obtained a tree removal permit issued by the Ci 's Director of Public Works. 1. Remey' M zones exeept as ethepvAse provided in this ehapter- shall requi permit issued by the public weFks depmeanent. 2. An application for- a tfee FemeN,al pepmft issued by the publie weAcs depakmen! shall inelude! a. A site plan showing the laeati on and 9peei.es ef any tfee proposed for- r-emevalj h— .4 11 infefmation ;a suppoft the reason for- vrcrl, e._ A ., ather--peFlinent infefmiAiea to the request, nel.,difig deouffientation of e damage FC. Permit Not Required. 1. Removing a tree in R-1 and R-2 zones only does not require a permit if all of the following conditions exist: a) The tree is a designated native species and the trunk is less than ten inches in diameter as measured by shoulder height -PSH) or four feet sig: inches PCr International Socie of Arboriculture ISA standards (see Section 112.24.030 Definitions; native trees) or when the tree is normative and the trunk is less than twenty inches DSH; and b) _. The tree is more than twenty-Aw feet from the top of a creek bank; and -3-. The tFee is on a lot developed to the maximum allowed density; and - c) 4. The tree is not a designated street tree, and is not located within ten feet of the back of the sidewalk; and Page Number 6 -5-. The tfee was not a condition of develepnienv,-ef d) Planting or retention of the tree was not a condition of development 2. The City Arborist may authorize a tree removal without receipt of a removal application and without issuance of a tree removal pennit upon finding,that the tree is an imminent hazard to life or property+, and removing it is the only feasible way to eliminate the hazard. D. Application for a Tree Removal Permit 1. An application for a tree removal permit shall include: a A site plan showing the location s ecies and size of any tree proposed for removal' and b Each tree identified to be removed must be uniquely identified by number, and e) All information to support the reason for removal; and d Replanting lan showing the size location andspecies of trees identified to be planted to compensate for proposed removal in compliance with section 12.24.0903' and e Any other information deemed necessa by the Director of Public Works or the Director of Community Development to evaluate the proposed removal in accordance with the criteria set forth in Section 12.24.090G. 2. An application for tree removal where the site is subject to a development Rermit shall include the following additional information: a An arborist report that identifies and discusses each tree within the development footprint Uncludin but not limited to structural development, adin staging areas ound cover removal changes in drainage pattems, and associated off-site im rovements including those trees proposed for removal and those trees that will remain; b) Include application materials identified in Section 12.24.090.D.I. the site plan shall include accurate drip line delineation and cross sections of construction work impacting both trees proposed for removal and trees planned to remain; c Any other information deemed necessary by the Director of Public Works or the Director of Community Development to evaluate the proposed. removal in accordance with the criteria set forth in Section 12.24.090G. Page Number 7 d The tree removal application materials shall be 12rovided in addition to develo meat ermit application requirements identified under Section 17.104. D—.E. n,,,,.tey ' f r Tree Removal Applications Related to Tree Health,$r Hazard Mitigation, Convenience or Ministerial Permit re er to Section 12.24.090.E for Discretionary Pro er Developnient Tree Removal Application Reouirements). 1. The applicant shall prepare a tree removal a lication based on the re uirements set forth in section 12.24.090D. 2. 4-. The e-i-t-y-C�af4e4A-Arborist may authorize a tree removal upon receipt of a removal application withek the peed for- a permit ffein public er—lEs up on fbiding and issuance of a tree removal permit upon determination of any of the following circumstances: a) The tree is an imminent hazard to life or property, and removing it is the only feasible way to eliminate the hazard; b) The tree is dead or dying or diseased or damaged beyond reclamation; c) The tree's roots are causing severe damage to public or private property, and removing the tree is the only feasible way to eliminate the damage:; d The true is affected by structural defects and/or deficiencies that will limit lifespan-, e The tree is densely clustered amongst other trees and the requested tree removal romotes good arboricultural practice #� The tree is obstructing vision access or mobilijy of public traffic Section 12.24.030 - Definitions xx) 3. The Citv Arborist will either atwrove or deny the avvlication for a tree removal request. The City Arborist's determination is appealable to the Tree Committee for final decision. The Tree Committee's decision shall be based on the criteria as set forth in Section 12.24.090G. . a. The tFe : ndue 1,.,..dship to the property ownen �1..rma! utine , aintenanee dees "ot eansfit ), i.e., cleaning of gut4efs, leaf Faking, p EA iRtFd5iOB WO failed se'4'tiFera4er-Ei);etc.-,--of Page Number 8 �—Tv r�cnrr ze from a par -eel sem. the I i &-pro etly develop ni by s.ii,. iyis o7, aFmit or other s the developer shall clearly delineate tfees proposed to be e:„r.,ze.l_a ,aFt of the revel-...., ! a «lioation and approval « a, A site plan showing the leemion and speoies of any tree PFOposed for- retneva.1; 1, All information to support the reason for removal; follows: appheatiow, b.f fIE) H i4e.,t,...,1 Y o . e.l « the development, the tree . ..,;fads ..hall «pr-oN,e of de"y the application; c. if architeettwal review is required for the developfneo4, the wehiteetar-al review oommission COMmIssion has approved the application, the tfOe OeffiffiiRee SAM! Feview the architectural ' d review «se «; when the architeoturA . . . . tission has approved the applirsatien, the city eatincil shall review the matter- for- final aetion. F. Tree Removal Related to Discretionary Property development, 1. The applicant shall prepare a tree removal application_based on the requirements set forth in Section 12.24.090D. Tree removal requests from the owner of any parcel in the City as a component of discretions roe development shall be evaluated based on the requirements set forth in Section 12.24.090G. 2_ Review of the application shall proceed as follows: a) The Citv Arborist shall review the application, investigate the site, examine the tree or trees in question, review the compensatory planting plan, and either make a recommendations on the tree removals request to the decision-making body for the underlyingdevelopment application in compliance with section 12.24.090E(2) and/or 12.24.0906. Page Number 9 b) The decision-making body may either approve or den,, eatquested tree to be removed based on the criteria set forth in Section 12.24.090G. c) During property development or construction, any tree that is requested to be removed that was not identified and approved for removal by the decision-making body shalt return to that decision-making body that approved the original development for Uproval. G. Criteria for tree removal approval. The determination of pLny tree removal requests pursuant to Section 12.24.090F or upon a eal of Section 12.24.090E shall be based ul2on the criteria in this section. Any tree authorized for removal under this section is considered a non-significant tree. Any tree denied removal under this section is considered a significant tree. Tree removal determination criteria shall be based on any or all of the following criteria: 1. Size of Tree. The scale of the tree shall be considered, as well as the size of the tree's canopy. Larger, more visually prominent trees shall have a higher presmationpriqd1y than smaller, less visually prominent trees, 2. Location of Tree on Private Proa The location of the tree on rivate roe shall be considered. Trees located in a private rear yard which are not highlyvisible from the public right-of-way shall have a lower preservation priority than trees with a high visual impact to the neighborhood, 3. Species of Tree. Native trees shall have a higher preservation priority than non-native trees, 4. Forestry Best Practice. The number of healthy trees that agiven parcel of land will support shall be considered and whetber removal would enhance the survival of remaininjz, trees. Applications that increase biodiversity of native trees and tree ape distribution within a given area are preferred, 5. Public Right -of -Way Sidewalk Displacement. Street tree removal due to sidewalk infrastructure repair or replacement shall have a lower preservation priority when the tree species is known to have invasive root structure and likely to reoccur if not authorized for removal. Tree removal reggests adjacent to sidewalk with a high volume of pedestrian use with large vertical or slope displacements shall have a lower preservation priori . b. Heritage Trees. A tree which has been designated a heritage tree is prohibited from removal unless the Ci Arborist authorizes a tree removal upon findinp, that a tree removal would be related to tree health or hazard mitigation as outlined in Sections 12.24.090.E.2.a and 12.24.090.E.2.b. Heritage trees have the highest preservation priority_. G H. Tree Removal by the City. 1. Tree removal requests for any city project must follow the same procedures as any property owner. Page Number 10 2. After receiving approval to remove a tree, the city shall replace the tree as soon as feasible during the project at a ratio detennined by the Public Works Director. Notification of Tree Removal. 1. The city's Urban Forest division shall post a sign notifying the public of the date and description of a proposed tree removal hearing for street trees. This sign shall be posted in a prominent location, visible from a public street, for a period not less than five days before either staff consideration of a tree removal permit or a publie searing on a relate{ moment discretions decision on propeM development. 2. The Public Works Director may waive notification requirements for a tree removal when the director determines that a tree's condition threatens public health, safety or welfare. J.CoMpensatory Tree Planting Tree removals authorized under section 12.24.090E or 12.24.090F shall be compensated by Planting a minimum of one new tree for each tree authorized to be removed when planted on the same propeM (onsite)or two new trees for each tree authorized to be removed when planted on a different property or within the public right-of-way _(offsite. In al2proving an Up] ication for tree removal the decision-mak in body through the discretion ermit 12rocess ma re wire more or less compensatortree plantings than the minimum identified and/or may require a bond ensuring that rel2lacement trees shall be plantod and maintained K. Expiration of Appeals. Decisions on tree removal by the di -eete~ the tFee ...... mittae o the ar-ehiteetur-al review eemmission decision making body shall be subject to appeal according to the appeal provisions of this code, and no permit shall be issued until the appeal period has lapsed. ISL. City Street and Sidewalk Maintenance Program. 1. The city has a program whereby staff evaluates and repairs sidewalks and streets on a predetermined schedule. When the city determines a street tree must be removed to repair the sidewalk, the city will pay all costs to repair sidewalk, curb, and gutter, remove the tree and plant a new tree. 2. If a property owner wishes to remove a street tree and repair hardscape damage they may do so at their own expense, if the removal is approved by the *Fee eommaRee in compliance with section 12.24.090C or 12.24,090.E.2. The property owner shall pay for the necessary hardscape repairs; and be required to plant and maintain a new tree as a Page Number 11 condition of their approved tree removal, -- wflesg tree replace Vl[i tea--- ` ' '� by the [J •�4[ieVV wL;��rn"r"rrrr"'r`rcino (Ord 154 A !: 1 Page Number 12 Attachment 2 Chapter 12.24.180 Appeals A. In accordance with the provisions of Chapter I any person aggrieved by an act or determination of the staff in exercising the authority herein granted shall have the right to appeal . B. Appeals received by the city clerk within ten calendar days from the date of determination or act shall cause the director to withhold tree removal permits and stop any construction or demolition activity affecting the subject tree until the appeal is heard and a decision is reached. REMOVAL APPLICATION TYPE DECISION MAKER APPEAL BODY Tree Health and Hazard Mitigation City Arborist None Section ) Convenience and Ministerial Permit City Arborist Tree Committee Section Director Action/Director Hearing/Minor & Moderate Development Review/Minor Use Community Development Director Planning Conunission Permit/Minor Subdivision Malar Develo ment Review/Tentative Planning Commission City Council Tract Man/Conditional Use Permit Page Number 13