HomeMy WebLinkAbout01/17/1995, 1 - APPEAL OF TREE COMMITTEE DECISION TO DENY TREE REMOVAL REQUESTill lylll�lllll��� j�U�% � MEETING DATE:
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p II I��ull o san ��1I5 OBISpO JANUARY 17, 1995
mamma COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Michael McCluskey, Public Works Director ^1',\
PREPARED BY: Todd Martin, City Arborist -�"
SUBJECT: Appeal of Tree Committee decision to deny tree removal request
CAO RECOMMENDATION:
Adopt a resolution upholding the Tree Committee's decision to deny the
removal request at 3960 South Higuera Street, Creekside Mobile Home Park
DISCUSSION:
On August 9, 1994, City staff received a tree removal request from Creekside Mobile Home Park
at 3960 South Higuera Street, San Luis Obispo, CA. The request was for the removal of seven large
Italian Stone Pine located near the park entrance, per Chapter 12.24.180 of the Municipal Code
(Tree Regulations), based on the following reasons:
1. The tree roots are damaging the adjacent hardscape (park owned curb and street);
2. The park has spent $6,000 on associated repairs over the past two years;
3. The park owners would be subject to increased liability as a result of undulations on the
street surface which could affect their ability to attain insurance.
The trees were reviewed by the City Staff on August 11, 1994, and it was determined that the criteria
to allow immediate removal could not be met. As such, on August 16, 1994, Pat Fleming of
Creekside Mobile Home Park was informed by letter that the request would have to be presented
to the Tree Committee for a decision. The subject trees are mature, healthy Italian Stone Pine
growing in the median strip which is approximately nine feet in width. The trees range from 30" to
36" in trunk diameter and are approximately 30 feet in height.
The item was put on the Tree Committee Agenda for August 22, 1994. Three Committee members
were present at the meeting including Chairperson Ron Regan, Peggy Mandeville (ARC), and Jeff
Ferber. Mr. Fleming was present at the meeting and expressed his concerns about the damage and
resulting maintenance costs associated with the trees. He also stated there might be future problems
with obtaining insurance for the park if the trees were allowed to remain due to "trip hazards" caused
by uneven street surfaces near the trees. However, Mr. Fleming did not provide the Tree Committee
with any letters or documentation which would support this claim and, therefore, the members
determined there was no "undue hardship" created by the trees in question.
After discussion between the Committee members and Mr. Fleming, the Committee determined that
the reasons given for removal by the applicant did not meet the criteria stated in Chapter
�����i�►►�II11111111P °Ill city of san L.AIs OBISPO
COUNCIL AGENDA REPORT
3960 South Higuera
Page 2
12.24.180 of the Municipal Code (Tree Regulations). The members felt removal of the trees would
damage the character of the "neighborhood" and based on that finding voted unanimously to deny
the request.
On August 23, 1994, Mr. Fleming was informed by letter of the Tree Committee's decision and his
right to appeal. On August 31, 1994, Mr. Fleming filed an appeal with the Clerk's office, stating that
the Committee's decision "could have a profound impact on the ability to secure adequate liability
insurance in the future, thereby, posing a serious threat to the viability of the business."
On October 30, 1994, Mr. Fleming requested a continuance to the January 3, 1995 City Council
meeting. The postponement was to allow the appellant more time to explore alternatives to tree
removal. He also stated he would like to further consult with the City Arborist and his own private
aborist to try and find a "less drastic" solution than removal of all the trees". As of
December 29, 1994, Mr. Fleming had not contacted the City Arborist. Staff contacted Mr. Fleming
on December 30, 1994, and he informed the City Arborist that Creekside Mobile Home Park would
pursue their original request to remove all seven trees.
As mentioned above, Municipal Code Section 12.24.180 C -6 provides guidance for approval or denial
of tree removal requests. The following are the criteria by which the removal request has to be
judged:
A) Does the existence of the tree cause undue hardship to the property owner?
B) Does the removal of the tree promote good arboricultural practice ?.
C) Will removal of the tree not harm the character or environment of the surrounding
neighborhood?
If any of the above questions can be answered with a "yes ", permission to remove the tree can be
granted. The Tree Committee did not find favor in any of the three criteria. If the Council cannot
find favor in any of the three criteria, Council should adopt the resolution provided upholding the
Tree Committee decision.
If with new or additional testimony, the Council does find an affirmative answer to any of the three
criteria, Council should adopt the alternative resolution provided. Depending upon which criteria
is chosen, staff will include only that criteria in the final resolution.
city Of San. JS OBISPO
i COUNCIL AGENDA REPORT
3960 South Higuera
Page 3
FISCAL IMPACT:
There is no fiscal impact to the City for either denial or approval of the appeal. The cost of tree
removal, if the appeal is upheld, is borne by the applicant.
Attachments: Resolutions
Appeal to City Council received August 31, 1994
August 22, 1994 Tree Committee Meeting Minutes
Tree Removal Application dated 8/9/94
Arborist's letters dated 8/16/94, 8/23/94
Creekside residents' letters
Photographs (Exhibit A, B, C) (available in Council Office for inspect
396OhW.asa /tms3
0
RESOLUTION NO.
(1994 SERIES)
Resolution No. 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING AN APPEAL FOR A
TREE REMOVAL REQUEST AT 3960 SOUTH HIGUERA STREET
BE IT RESOLVED by the Council of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after
consideration of the applicant's appeal, and the San Luis Obispo
Tree Committee's action, staff recommendations and reports
thereon, make the following findings:
1. The tree is not causing undue hardship to the property owner;
and
2. Removing the tree does not promote good arboricultural
practice; and
3. Removing the tree will harm the character or environment of
the surrounding neighborhood.
Upon motion of , seconded by
, and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of ,
1994.
Mayor Peg Pinard
ATTEST:
Diane Gladwell, City Clerk
• -1 • •
i
1 riss .��.:irti
3960hi&ms /tm#3
RESOLUTION NO.
(1994 SERIES)
Resolution No. 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO UPHOLDING THE APPEAL BY CREEKSIDE MOBILEHOME
COMMUNITY OF THE TREE COMMITTEE'S DECISION TO
DENY TREE REMOVAL REQUEST AT 3960 SOUTH HIGUERA STREET
BE IT RESOLVED by the Council of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after
consideration of the applicant's appeal, and the San Luis Obispo
Tree Committee's action, staff recommendations and reports
thereon, make the following finding:
1. The tree is causing undue hardship to the property owner.
Upon motion of
AYES:
NOES:
ABSENT:
, seconded by
and on the following roll call vote:
the foregoing resolution was adopted this day of
1994.
Mayor Peg Pinard
ATTEST:
Diane Gladwell, City Clerk
3960higam /tm#3
APPEAL TO CITY COUNCIL
In accordance with the' appeals procedure as authorized by Title 1, Chapter 120 of the San Luis Oblspo
Municipal Code, theu eralgri dherebyappealafromthedecls lortofP,P
rendered on 12— which decision consisted of the following (Le. set forth factual
Ski 0110 and the grounds submitting this appeal. Use additional sheets as needed):
I
S �
The undersigned discussed the.dertlsion being appealed with:
on
�oEC��::
AUG 3 1 1994
Cm CLERK
a.•aop.�a. '
CGIvSL.
AUG 3 1 1994
• cm CLERK
Appellant:
G k$kdt✓ M4'Ae-6n%-e
• e
Mydgiey sack
Copy to Adn*6baWe Officer
Copy to th following department(s):
COMM
sLo
6)rcc4ide
"114Eemn Community
3901 SOUTH HIGUERA
August 30, 1994
• SAN LUIS OBISPO
City Council
City of San Luis Obispo
990 Palm Street P.O. Box 8100
San Luis Obispo, California 93401
Re: Creekside Mobilehome Community
Appeal of Tree Committee ruling.
Dear City Council;
• CALIFORNIA 93401
• PHONE 805/543 -7113
In accordance with the appeals procedure as authorized by Title 1, Chapter 1.20 of the San Luis
Obispo Municipal Code, the undersigned hereby appeals from the decision of the City of San Luis
Obispo Tree Committee rendered on August 22, 1994 which decision consisted of the following.
• deny your request for removal of the seven Italian Stone Pine based on the following:
removal would harm the character of the environment of the surrounding
neighborhood
On August 9, 1994 Creekside Mobilehome Community applied for a permit to remove seven
Italian Stone Pine Trees at the entrance to the park. The permit was denied because "removal
would harm the character of the environment of the surrounding neighborhood." This decision is
impractical and could have a profound impact on the ability to secure adequate liability insurance
in the future, thereby, posing a serious threat to the viability of the business.
We hereby request that the City Council see clear to reverse the decision of the City Tree
Committee or we are forced to request complete indemnification from the city for any and all
problems and/or losses caused by the trees and the resultant damage from their continued growth.
Two Obispo Beautiful awards and the hundreds of well maintained mature trees on the property
testify to our commitment to beautiful landscaping and concern for the "character of the
environment of the surrounding neighborhood." However, it is obviously costly and impractical
to ourselves and our residents to dig -up the entrance streets every two years.
We have investigated the situation at length with a tree specialist, paving contractors, the City
Arborist, and our insurance specialist. The tree specialist assured us the problem will not go
away. The trees should never have been planted in the entrance median and have grown far too
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3960 SOUTH HIGUERA • SAN LUIS OBISPo • CALIFORNIA 93401 • PHONE 805543 -7113
large for their surroundings. Also, the tree specialist lacks confidence in the effectiveness of root
abatement chemicals and programs to control root growth. The only true solution is complete
removal.
Of greater importance is the growing potential liability presented by the situation. In today's
litigious environment it is demanded that hazards be removed to eliminate the potential for
damages and to properly insure risks faced by the business. Creekside has spent thousands of
dollars in recent years replacing asphalt and concrete to eliminate even minor trip hazards. If the
city will not allow us to properly manage inherent risks then it must be willing to place itself
responsible for determining what is not bad enough to qualify as a hazard. It is incumbent upon
the City to allow us to eliminate the hazard - not just attempt to control it.
In 1992 Creekside spent $4,000 to excavate asphalt, remove roots and re -pave areas where these
same trees disrupted the integrity of the street. Now, just 2 years later, there are numerous areas
where the roots are again pushing up the street. While not currently a serious liability hazard they
soon will be. In addition, the roots create cracks which allow water to penetrate the street
thereby further shortening the life of the pavement. These cracks are growing rapidly despite
crack filling and slurry sealing done as recent as last year.
This problem will not go away. The trees continue to grow and so do the roots. Is the city of
San Luis Obipso willing to assume the liability of trip hazards or the cost of removing asphalt, tree
roots, and repaving every other year? If not, allow us to continue to maintain Creekside to the
high standards already evident by removing the trees and providing appropriate replacements to
maintain the "character of the environment of the surrounding neighborhood."
We request that all City Council members visit Creekside personally and allow our Manager, Pat
Fleming (805 -543 -7113) to show you the maintenance and liability problem presented by these
trees. The city has itself faced this situation, and, after addressing the issues decided to remove
trees for the same potential liability reasons facing Creekside. We ask that the same prudent
reasoning be afforded our petition.
Very truly yours,
Creekside Mobilehome Community
Patrick Fleming, Manager
Edwin J. Evans
•
2 0� S
/ANDRE,
MORRIS
BUTTERY
San Luis Obispo City Council
P. O. Box 8100
San Luis Obispo, CA 93403
Re: Creekside Mobile Home Park
Dear Council Members:
P. 2/3
A PROFESSIONAL LAIC CORPORATION
MER R. ANDRE frkrcedl
StICHAEL J. YORK*
;&%LES C. BUTTERY
DFNNIS D. LAW
I. TODD MIROLUN
P. TERF.M10E SCHUHER'f
SCOTT W. WALL
p1.:RY E. AICALISITR
August 31, 1994 KAMMN %I 6PPRIGHT
UN Fac fic slrce!
Pnt Oitiee Box T
San Lu:s Ooispo
Caidamu 93406 -0730
Telephone 50:ir543 -1171
Fax Number 605154347352
This office represents Creekside Mobile Home Park ( "Creekside "). Creekside seeks approval
from your Council to remove certain trees located near the Park driveway. Roots of the trees
have been, and will be, a persistent problem causing buckling of the asphalt driveways.
Buckling of the driveways results in a serious and unacceptable risk of injury to pedestrians.
The requested tree removal is not related to property development, and under the City
ordinances, a tree may be removed under the following circumstances:
(a) The tree is a hazard to life or property and removing it is the only feasible way to
eliminate the hazard, or
(b) The tree is causing severe root damage to public or private property and removing the
tree is the only feasible way to. eliminate the damage, or
(c) The tree is causing undue hardship to the property owner [Municipal Code Section
12.24.180(C)(5) and (6)j.
The trees have not been designated heritage trees under Municipal Code Section 121.24.190; and,
therefore, there are no special standards which apply to these particular trees.
Removal of the trees is a permanent solution to the safety problems. If the trees are not
removed, then expensive, periodic repairs to the driveway will be required to maintain safety.
Creekside has submitted information to your Council describing the cost and methods of repair,
which are substantial.
i-9
.3'
---=--------------------- - - - - -. _ 3 4 S
----------------------- ---------------------- - - - - --
Hw -J1 .'Ja IU:17RM F 3/3
AlV i.JREr A PRLWESSIONAL LAW CORPORATION
MORRIS
F, BUTTlrRY
SLO City Council
Re: Creekside Mobile Home Park
August 31, 1994
Page Two
The City taut refrain from dictating to Creekside the method and manner of maintaining and
managing an obvious safety issue. While the City ordinances permit the City to regulate the
removal of trees for aesthetic purposes, once the trees pose a serious risk to safety, no longer
can, or should, the City deny a property owner the right to remove trees as the best method of
eliminating the risk of injury.
The financial impact to Creekside- is further exacerbated by the City's rent stabilization
ordinance. The rent stabilization ordinance regulates and restricts increases in rent necessary
to cover increased maintenance expenses and capital expenditures. Although Creekside should
be allowed to adjust rents to compensate for the increased maintenance expenses and capital
expenditures associated with periodic repair of the driveway, to do so would involve a long and
costly rent adjustment process.
If, despite these considerations, the City refuses to permit removal of the trees as a means of
maintainin safety, then Creekside must insist on the City's indemnification of it for any injuries
resulting from buckling of the pavement. The indemnification provision should include
reimbursement for any and all damages that Creekside may be subjected to as a result of
personal injury, including the cost of defending any claims brought against it.
Although City indemnification is an alternative, it is not the best choice. The best solution to
the safety problem is to permit removal of the trees. I strongly urge you to permit Creekside
to do so.
Thank you for your consideration of this matter.
DDL:rlu
cc: Creekside Mobile Home Park
F:=�ma
Very truly yours,
DENNIS D. LAW
NO
L+�'S
------------------------------------- - - - - -- ------------ - - - - --
A NeNN York Stock F\changc C'omp.mv ( "I 11211°)
August 24, 1994
Mr. Pat Fleming
CREEKSIDE MOBILEHOME COMMUNITY
3960 So. Higuera
San Luis Obispo, CA 93401
Dear Pat:
HiLB, ROGAL AND HAMII,TON
Insurance Services of Change County. Inc.
7111 Kimberly Avenue. Suite 2111
Placentia. Califomia 926711
Mailing P.O. Box 34(1119
fulit-mm. (;A 92634
714 - 577 -3838. x18-912 -
fax 714 - 577 -3841n
With reference to our recent conversation regarding the problem with the roots of the pine
trees in the entrance median of Creekside Mobilehome Park, it is my considered opinion as
your insurance agent that the following scenario will most probably occur: As the roots
continue to grow and create larger humps and cracks in the street, the insurance carrier will
note this development during an inspection and request that you eliminate the problem.
Should you not comply with this request, they will most probably non -renew or cancel your
liability insurance coverage. This would create large problems in acquiring new coverage from
a different carrier as they will want to know why the original carrier elected to non -renew.
If we could find a new carrier to write the required coverage, the resulting premium would
be substantially increased It is unrealistic to believe that an insurance carrier will continue
to cover a risk that will not take the required steps toward loss control. It would be
incumbent upon you to remove the source of the problem rather than to try to correct the
resultant humps and cracks on some reoccurring basis, because the questions is, how bad do
the humps and cracks have to get before they cause an accident or loss?
I suggest that if the city of San Luis Obispo will not permit you to remove the offending
trees, that you obtain from them complete indemnification for any and all problems and/or
losses caused by the trees and the resultant damage from their continued growth. With such
an indemnifrzation, it is a possibility that we could obtain insurance coverage for the balance
of your mobilehome park operations.
If you have any further questions or if I can be of any additional assistance, please don't
hesitate to call me.
Sincerely,
Barry K. Wil ir ff s
Vice President
BKW /gmc
/�, /0
s -afS4"t5
lnfantino && Company Associated Agencies
CITY OF SAN LUIS OBISPO
TREE COMMITTEE MEETING
MONDAY, AUGUST 229 1994
MEMBERS PRESENT: Ron Regan, Peggy Mandeville, Jeff Ferber
MEMBERS ABSENT: Eva Vigil, Barbara Murphy
STAFF PRESENT: Todd Martin, Lisa Woske, Dennis Cox
x
1. APPROVAL OF MINUTES
The minutes of the July 25, 1994 regular meeting were amended to reflect
that the budget figures discussed by Mr. Martin reflected General Fund
monies and.not a grant.
The minutes were approved as amended.
2. TREE REMOVALS
-- 230 N. BROAD (Monterey Pines)
The applicant discussed the inappr riate location of two trees and note
that PG&E needed to constantly top nd prune them because of interfe e
with power lines. He felt there w significant risk of limb los ich
posed a continual threat. He disc sed possible pruning measu , but
felt removal would be the best alt native.
Mr. Martin noted that the resident
the trees' removal. Mr. Martin al
trees.
Mr. Ferber felt the trees enhanced
concerned about limb breakage in t
second tree in question should be
t 232 Broad StFreeSJ00rs in favor of
agreed with t_4&Vfemoval of both
he ne orhood, but was also
j o ree. He did not feel the
ed.
Ms. Mandeville agreed that on a was leaning and was too close to the
fence and had questionable lth. She felt the second tree, further
back, seemed to be in health d posing little problems.
Mr. Regan agreed the above counts and felt the second tree should
be pruned and ained.
Ms. MandA0WTIe moved to approve th iremovel of the tree adjacent to the
prope line, as it would promote ood arboricultural practice, and
de he removal request for the s and tree by the driveway.
TREE COMMITTEE MEETING MINUTES
AUGUST 22, 1994
PAGE TWO
Mr. Regan seconded the motion, am ding it
one 15- gallon replacement tr
ad unanimously.
-- 3960 S. HIGUERA (Various Pines)
rement of
e agreed to the amendment.
The applicant discussed the removal request and was concerned with the
extensive and costly asphalt damage due to roots. He felt the street
"buckles" represented significant trip hazards. He stated the owner did
not want to have to replace the asphalt every year and have the increased
liability from the root damage.
In discussing the seven Pinus Pines at the entrance, Mr. .Regan preferred
to see the trees retained, as they enhanced the landscaping.
Mr. Ferber noted that several park residents were upset at the idea of
removing the trees and that they wanted to explore other options.
Ms. Mandeville asked about some possible root mitigation measures, e.g.
deep -root watering and root pruning.
Mr. Martin discussed Bio- Barrier systems and suggested an aggressive tact
would be to excavate all the asphalt and perform major root pruning.
In discussing the Pinus Radiate by the clubhouse, the applicant felt the
tree was damaging the building's foundation.
Mr. Regan noted that the tree seemed to be in decline.
Mr. Ferber agreed it was in poor health.
Mr. Martin agreed to look specifically at the tree to better determine
its health.
In discussing the Pinus Radiata at Space #1549 the applicant reitterated
his concern with the street buckling by the curb.
Ms. Mandeville was concerned with setting a removal precedent at the
sites.
Mr. Ferber felt that if the tree was causing the damage, it should be
removed.
Mr. Regan agreed with Mr. Ferber.
rrwseighborh Mandevill e moved to deny the removal request of the seven Pinu� nea, as their removal would adversely affect the character of the ood.
r
/ -/a
� l✓
TREE COMMITTEE MEETING40NUTES
AUGUST 229 1994
PAGE THREE
Mr. Ferber seconded the motion.
The motion passed unanimously. 40
Ms. Mandeville denied the removal request of the Pinus Radiata at the
Clubhouse site until it could be better determined that structural damFge
was occuring.
There was no second to this motion.
Mr. Ferber moved to approve the removal request of the Clubhouse Pinus
Radiata only if the City Arborist can make the findings necessary for
tree removal.
Ms. Mandeville seconded the motion.
The motion passed unanimously.
Mr. Regan moved to approve the removal request for the Pinus Radiate at
Space 1154 as it would promote good erboricultural practice.
Mr. Ferber seconded the motion, amending it to include planting a
replacement tree immediately. Mr. Regan agreed with the amendment.
The motion passed unanimously.
Mr. Martin agreed to consult with the applicant as to the replacement
tree's species.
3. NEW BUSINESS
The Committee agreed to amend the 8 aws, Article 4, Meetings, Sec
to read: "Regular meetings will be eld at 5:00 p.m. on the f
Monday of each month."
4. OLD BUSINESS
Mr. Martin reminded the Committ t the next scheduled meeting was to
include a special planning goal strategy session prior to the public
portion of that meetin
Mr. Regan urge ers to focus on oals for the current budget cycle,
as well a efinition of goals an implementation of plans for the next
budge e.
0
City Arborist
25 Prado Road
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NO
25 Prado Ficad • San Luis Obispo, CA 93/01
TREE REMOVAL LPPLICATION FO1RM
Applicant:Cjiee�CSt� Mo6lIe�npwy l DwfflJp;- Yelephone:
Address: Z- -
Location of tree(s): f�' Lt rat G1Jb/IDV Fj
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Important: A tree removal application will only be considered if
accompanied by a plot plan showing the location and species of
any.tree proposed for removal.
Tree Species: C-7 1rtC+ -�id� S7L
Botanical Co • n name
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Reasons for removing:
46
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Compensatory replacement proposed:
Comments:
Applicant /Ow-ner ✓���/!
(plot plan attached)
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city of sAn Luis oBispo
r 25 Prado Road 9 San Luis Obispo, CA 93401
August 16, 1994
Creekside Mobilehome Community
Attention: Pat Fleming, Manager
3960 South Higuera Street
San Luis Obispo, CA 93401
Your application for a tree removal at 3960 South Higuera
Street, Space 154 has been reviewed by the City of San Luis
Obispo Arborist. Since the existing conditions did not allow
the City Arborist to make a favorable finding regarding
removal of the tree, the matter has been forwarded to the City
of San Luis Obispo Tree Committee pursuant to City Ordinance
1153, Section 12.24.180.
The Tree Committee, which is comprised of five members, will
review your application and inspect the tree in question. The
members will then take up the issue at the next Tree Committee
meeting scheduled for August 22, 1994 at 5:00 p.m., Conference
Room A at the City Corporation Yard, 25 Prado Road. A copy of
the agenda will be sent prior to the meeting. You are
encouraged to attend the meeting.
At the meeting, the City Arborist will provide a brief
overview of of the circumstances surrounding your proposed
removal of the tree, after which you will be given the
opportunity to explain your reasons for requesting the
removal. The Committee members will then address your
concerns and deliberate the facts to determine whether they
should, in fact, grant or deny your request or provide you
with other options.
Any decision rendered by the Tree Committee can be appealed to
the City Council if you are not satisfied with the Tree
Committee's decision.
If you have any questions regarding this process, you may
contact Todd Martin at (805)781 -7220, Monday through Friday.
Sincerely,
Todd Martin
City Arborist
trre�riew.ltr/tmi3
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
v Telecommunications Device for the Deaf (805) 781 -7410.
1 -17
city of SAn leis oBispo
25 Prado Road a San Luis Obispo, CA 93401
August 23, 1994
Creekside Mobilehome Community
Attention: Pat Fleming, Manager
3960 South Higuera Street
San Luis Obispo, CA 93401
Your application for tree removal was reviewed by the City of
San Luis Obispo Tree Committee on August 22, 1994. After
careful consideration of the facts provided by you and an on-
site inspection of the tree(s), the Committee members have
voted in compliance with Municipal Code Section 12.24.180.C.6,
to take the following actions:
■ approve removal of two Monterey Pine;
■ deny your request for removal of the seven Italian Stone
Pine based on the following:
V removal would harm the character of the environment of
the surrounding neighborhood.
The decision of the Committee is final unless an appeal, in
accordance with Municipal Code Section 1.20.020- 1.20.050, is
filed with the City Clerk's office within ten (10) days of the
Committee's decision. An appeal may be filed by any person
aggrieved by a decision of the Committee.
If you have any questions regarding this matter, you may
contact Todd Martin at (805)781 -7220, Monday through Friday,
8:00 -5:00.
Respectfully,
Todd Martin
City Arborist
tcdeniaLltr
Ott The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
L1 Telecommunications Device for the Deaf (805) 781 -7410.
September 5, 1994
Honorable Mayor and City Council Members
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, California 93403
Dear Honorable Mayor Pinard and City Council Members,
We are writing this letter to bring your attention to an appeal of the City Tree
Committee's August 22nd decision to deny the request to remove seven Pinus pines
(Italian Stone Pines) at the entrance to Creekside mobile home park which is located
at 3960 South Higuera Street. The request was made by Mr. Pat Fleming who is
representing the owner of the park, Mr. Ed Evans, who does not live in this area.
The request was made because the owner is trying to cut his costs to maintain the
park. He claims that it has cost thousands of dollars to repair the asphalt due to the
trees roots and that it needs to be done again after only two years since the last and
only time that it has been done. The trees are approximately twenty five years old and
would be difficult to replace as you can see from the enclosed photo.
We feel that it would be a gross error to allow such magnificent mature specimen trees
to be destroyed without at least considering the alternative methods to preserve and
protect the trees while maintaining the roadways. The main reason we chose to live in
this park was that it had beautiful trees and how much they added to the value of the
neighborhood. We are deeply concerned with the trend of eliminating trees in this
park and what kind of impact it will have on the future value of the homes in this
neighborhood.
The Tree Committee made several suggestions to Mr. Fleming on how to remedy the
situation. We feel that if done properly by a qualified tree professional the asphalt
would not need to be repaired as often as the owner suggests and would definitely be
worth the effort.
In conclusion we are asking you to deny the request to remove the trees from our park
in order to keep the value and beauty of our neighborhood intact.
Sincerely,
."--d " &00
Steve and Sue Bums
c.c. Mr. Todd Martin, City Arborist
i
0
Honorable Mayor and City Council
P.O. Box 8100
San Luis Obispo, CA 93401
I am writing you in regard to the removal of the trees in the
entrance to Creekside Mobilehome Park. I feel these trees are what
sets off the Park. It is the nicest entrance of all the mobilehome
parks in San Luis Obispo.
I have lived in the Park for eight years. In that time I haven't
seen any professional personnel doing the work, only park employees,
so I can't see the big expense.
I read over the minutes of the meeting with the tree committee.
In the minutes, management said it was a hazard to people walking
and tripping over the raised roadway causing insurance liability. I
would like to point ou* that these trees are in the center of the
roadway. The people walk to the outside near the mobilehomes, so
this doesn't create a problem.
I hope that you will deny them the right to remove these
beautiful healthy trees.
Sincerely,
Raymond Niemesh
Creekside Resident
1 `Ro
100:2:5
Sept 12, 1994
San Luis Obispo City Council
P.O. Box 8100
San Luis Obispo, Ca. 93403
Dear Council Members,
We are residents of Creekside Mobile Home Park at 3960 S. Higuera. Our park owner, Ed
Evans wants to remove the 7 Italian Stone Pines that line our enhance & exit streets. Most,
if not all of us in the park enjoy these trees. When coming home after a tiring day, it's
very Pleasant to drive into the parr it has a instant calming effect to see the tree lined
street.
Our park is quite lovely with all the trees and landscaped areas. It makes it very unique in
this ever growing concrete and asphalt area. Next door at Silver City Mobile Home Park,
there's hardly any trees and the difference is very noticeable. People who come into our
Pat that have been next door always comment on the difference.
We feel that the trees enhance our homes and help to increase their value. Not to mention
the value of the park! Most of our homeowners take pride in our homes and we have had
several new replacements lately. If we didn't like or care far where we live, that wouldn't
happen. According to the park management, the trees are causing problems with the
streets. We have lived in the park for almost 10 years, and except for once that we
remember, the streets near the trees hasn't been repaired. I spoke with a landscaper who is
very knowledgeable and he said that since the drought the trees have been watered
incorrectly. They need deep watering and all that they have is a drip line. That is why the
roots are beginning to push up to try and receive water. These trees are apparently fairly
drought resistant and if watered conectly shouldn't be causing a problem
Please save our trees, we need them to breathe. We realize that they would be rep laced,
but with what, and how long before they would be as beautiful and stately as what we
have? For quite a few in the park, we doubt it would be in their lifetime. Please don't
deprive them
i
i -o? /
41r
0
Sept. 2, 1994
The Honorable Mayor &City Council
P.O. Box 8100
San Luis Obispo, Ca. 93401
Dear Madam Mayor and City Council Members:
I am writing you in regard to a petition which
I understand is now before you from the Creekside
Mobile Home Park, regarding the removal of several
trees in the main parkway of this park.
It is my understanding that this park has
requested removal of these trees due to the fact
the roots are causing problems with the pavement.
While there may be some cost and problem with the
tree roots over a period of years, I am strongly
opposed to the removal of the trees for such a
reason.
The aesthetic value of these trees to the
Creekside community and the neighborhood are of
inestimable value. Simply cutting down healthy
trees because they are an annoyance or cause some
problems with shedding leaves, etc. does not justify
such a radical remedy.
The complaint of cost of maintaining streets is
not justified, as very little expense has been
caused from this minor problem. In the fifteen years
that I have lived in this park I have only known one
occasion when the streets were repaired as a result
of the trees damaging the asphalt. At that time
all work was done by the park maintenance personel
and certainly added no great financial burden to the
upkeep of the park common area.
I ask that you deny-this petition as being
unjustified both for the sake of the residents of the
park and the community itself.
YQuvt truly
Rardl.�
Spence`i�%
3960 S. Higuera, $ 49
San Luis Obispo, Ca. 93401
CC. Todd Martin" 1�
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StF 2 6 1*4 3960 <S-. --*quaTa, Alo. 3
.=Saj% Lorispo, faLijomia 93401
CITY COUNCIL
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RECEIVED
StN Y U 1774
CITY COUNCIL
SAN LUIC OBISPO. cn
Sept. 2, 1994
The Honorable Mayor &City Council
P.O. Box 8100
San Luis Obispo, Ca. 93401
Dear Madam Mayor and City Council MembE
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I am writing you in regard to a petition which
I understand is now before you from the Creekside
Mobile Home Park, regarding the removal of several
trees in the main parkway of this park.
It is my understanding that this park has
requested removal of these trees due to the fact
the roots are causing problems with the pavement.
While there may be some cost and problem with the
tree roots over a period of years, I am strongly
opposed to the removal of the trees for such a
reason.
The aesthetic value of these trees to the
Creekside community and the neighborhood are of
inestimable value. Simply cutting down healthy
trees because they are an annoyance or cause some
problems with shedding leaves, etc. does not justify
such a radical remedy.
The complaint of cost of maintaining streets is
not justified, as very little expense has been
caused from this minor problem. In the fifteen years
that I have lived in this park I have only known one
occasion when the streets were repaired as a result
of the trees damaging the asphalt. At that time
all work was done by the park maintenance personel
and certainly added no great financial burden to the
upkeep of the park common area.
I ask that you deny this petition as being
unjustified both for the sake of the residents of the
park and the community itself.
CC. Todd Martin
Y tru y
ard R. Spence
3960 S. Higuera, # 49
San Luis Obispo, Ca. 93401 RECEIVED
SO 1 U 1994
COUNCIL CITY
SAN LUIS OBISPp, CA
RECEIVED
Sept. 12s 1994 SLN ' U IYY4
Cmr COUNCIL
SAN LUIR OBISPO. CA
San Luis Obispo City Council
P.O. Box 8100
San Luis Obispo, Ca. 93403
Dear Council Members,
We are residents of Creekside Mobile Home Park at 3960 S. Higuera. Our park owner, Ed
Evans wants to remove the 7 Italian Stone Pines that line our entrance & exit streets. Most,
if not all of us in the park, enjoy these trees. When coming home after n tiring day, it's
very pleasant to drive into the park; it has a instant calming effect to see the tree lined
street.
Our park is quite lovely with all the trees and landscaped areas. It makes it very unique in
this ever growing concrete and asphalt area. Next door at Silver City Mobile Home Park,
there's hardly any trees and the difference is very noticeable. People who come into our
park that have been next door always comment on the difference.
We feel that the trees enhance our homes and help to increase their value. Not to mention
the value of the park! Most of our homeowners take pride in our homes and we have had
several new replacements lately. If we didn't like or care for where we live, that wouldn't
happen. According to the park management, the trees are causing problems with the
streets. We have lived in the part[ for almost 10 years, turd except for once that we
remember, the streets near the trees hasn't been repaired. I spoke with a landscaper who is
very knowledgeable and he said that since the drought the trees have been watered
incorrectly. They need deep watering and all that they have is a drip line. That is why the
roots are beginning to push up to try and receive water. These trees are apparently fairly
drought resistant and if watered correctly shouldn't be causing a problem.
Please save our trees, we need them to breathe. We realize that they would be replaced,
but with what, and how long before they would be as beautiful and stately as what we
have? For quite a few in the park, we doubt it would be in their lifetime. Please don't
deprive them
Sincerely,
RECEIVE[
Lisa & Steve Leutwyler
Sp. 187 SEP 1 U 1994
L s BSN U OISPO, CA
i -a7
September 5, 1994
RECEIVED
CnY COUNCIL
am LUIS OBISPO. CA
Honorable Mayor and City Council Members
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, California 93403
Dear Honorable Mayor Pinard and City Council Members,
We are writing this letter to bring your attention to an appeal of the City Tree
Committee's August 22nd decision to deny the request to remove seven Pinus pinea
(Italian Stone Pines) at the entrance to Creekside mobile home park which is located
at 3960 South Higuera Street. The request was made by Mr. Pat Fleming who is
representing the owner of the park, Mr. Ed Evans, who does not live in this area.
The request was made because the owner is trying to cut his costs to maintain the
park. He claims that it has cost thousands of dollars to repair the asphalt due to the
trees roots and that it needs to be done again after only two years since the last and
only time that it has been done. The trees are approximately twenty five years old and
would be difficult to replace as you can see from the enclosed photo.
We feel that it would be a gross error to allow such magnificent mature specimen trees
to be destroyed without at least considering the alternative methods to preserve and
protect the trees while maintaining the roadways. The main reason we chose to live in
this park was that it had beautiful trees and how much they added to the value of the
neighborhood. We are deeply concerned with the trend of eliminating trees in this
park and what kind of impact it will have on the future value of the homes in this
neighborhood.
The Tree Committee made several suggestions to Mr. Fleming on how to remedy the
situation. We feel that if done properly by a qualified tree professional the asphalt
would not need to be repaired as often as the owner suggests and would definitely be
worth the effort.
In conclusion we are asking you to deny the request to remove the trees from our park
in order to keep the value and beauty of our neighborhood intact
Sincerely,
ilbp
Steve and Sue Bums
c.c. Mr. Todd Martin, City Arborist,
RECEIVED
SEP 1 U 1994
Cm COUNCIL
SAN LUIS OBISPO. CA
/-A
RECEIVEC
StFI k U lii4
CITY COUNCIL
Honorable Mayor and City Council SN Lulc oelsao. PA
P.O. Box 8100
San Luis Obispo, CA 93401
I am writing you in regard to the removal of the trees in the
entrance to Creekside Mobilehome Park. I feel these trees are what
sets off the Park. It is the nicest entrance of all the mobilehome
parks in San Luis Obispo.
I have lived in the Park for eight years. In that time I haven't
seen any professional personnel doing the work, only park employees,
so I can't see the big expense.
I read over the minutes of the meeting with the tree committee.
In the minutes, management said it was a hazard to people walking
and tripping over the raised roadway causing insurance liability. I
would like to point out that these trees are in the center of the
roadway. The people walk to the outside near the mobilehomes, so
this doesn't create a problem.
I hope that you will deny them the right to remove these
beautiful healthy trees.
Sincerely,
Raymord; iemesh
Creekside Resident
RECEIVED
SEP 1 u 19%
CITY COUNCIL
SAN LU14; 081San. (;A
_0029
September 16, 1994
City of San Luis Obispo
City Council / City Hall
San Luis Obispo, CA
RECEIVED
Ste z U IYy4
CRY COUNCIL
SAN LUIS OBISPO, CA
RE: Petition from Creekside Mobile Home Park to cut down trees
Dear Council Members:
Retain this docornent for
future Council roieeting
Date, if a erdized
It has come to our attention that the management of Creekside Mobile Home Park has petitioned
the Council to cut down the trees at the entrance of the park.
WE STRONGLY PROTEST THIS ACTION.
Not only is it a desecration to cut down ANY VALID TREE, but it is doubly bad to cut down the
trees in question. We would request the Council view the area before you make your decision.
The trees at the front entrance are beautiful, well shaped, healthy trees. They add to the
ambiance of Creekside. Trees are one of the main reasons for persons buying coaches in the
park. Mr. Evans (owner) has stated previously that the one of the reasons he bought this
particular park was because of the greenery.
The argument of management is that they have to keep repairing the roadway because of the root
system of the tree. Isn't maintenance the one reason we all pay over $250.00 per month in rent,
for maintenance? All of the coaches have trees. Will he soon request ALL trees be cutdown?
We sincerely urge you to NOT grant the petition or any appeal there of
My husband and I have lived in this park since 1976, therefore, we have seen many changes but
please, DO NOT CUT DOWN THE TREES
Sincere ,
Roy and Kay Morris
Space 158- Creekside
P. O. Box 391
San Luis Obispo, CA 93401
1°30
- -- CREEKSIDE - -- 8055437113 P.0
A • AI EM A�
P. 0. Box 607
San Luis Obispo, CA 93406
October 3, 1994
The Honorable Peg Pinard, Mayor
and Honorable City Council
City of San Luis Obispo
P. 0. Box 8100
San Luis Obispo, CA 93403 -8100
Dear Mayor Pinard and City Council Members:
' Eff COUNCIL
Or, AO
CAO
�
TTORNEY
CLERKKJRIC
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I am a ten - and -a -half year resident of Creekside Mobile Home Park (3960 South Higuera
Street, Space 98) and am writing to you to ask your reconsideration of the City Tree
Committee's recent rejection of a tree removal permit requested by our park owner.
While the seven pine trees lining the entrance street of the park are certainly beautiful from an
above - ground view, the havoc they have wrought and continue to present below ground
requires consideration. It is my understanding that the SLO City Arborist, as well as the park's
arborist, have agreed that these trees should not have been planted in this location in the first
place because of the potential for the destruction we now see being caused by the normal
growth pattern for these trees.
I think it is completely unreasonable to have to tear up the streets, dig out roots and repave
every couple of years because of the damage being caused. I likewise feel is absolutely
unreasonable to incur exhorbitant costs "gambling" on unproven and non - guraranteed
chemical root barrier processes, especially since costs such as these will eventually be passed
through to the residents.
The park owner and management are clearly dedicated to enhancing and maintaining the
aesthetic beauty of the park as can be seen by anyone who drives through the park, and they
have PROMISED TO REPLACE THESE TREES with a type more suitable for the
environment. I consider this to be a reasonable and rational solution to an untenable situation.
All that will be required is a little patience to let the new trees grow. Our park will still be
beautiful, the streets won't present hazards because of any root destruction, they won't have to
be tom up regularly, and none of us will have to "gamble" away our earnings looking for
solutions to the problems being caused.
I respectfully request and thank you for your reconsideration of Creekside's request for a tree
removal permit.
Sin cerely,
cl' ✓
Vivian Eileen Herriman
bco-Creekside Park
sp. Is
LIECEW'S
OCT 199,
CITY CLERK
3 OBISPO. C j
/.�31
October 3, 1994
Honorable Mayor and City Council Members
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, California 93403
NILZING GENDA
DATE / • TEEM #._
Oi COUNCIL
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Dear Honorable Mayor Pinard and City Council Members, -r-
Re: Tree removal permit for Creekside Mobile Home Community located
at 3960 South Hlguera Street In San Luis Obispo.
Earlier we wrote a letter to the City Council on September 5,1994 asking the Council
to deny the request of Mr. Ed Evans to remove seven Italian Stone Pines at the
entrance of Creekside.
Attached is a letter dated September 26,1994 from the owner and management of the
park which all residents of Creekside received on Friday, September 30,1994. We
thought the City Council members should see this letter before the upcoming meeting
on Tuesday, October 4, 1994. If you will especially note the last two paragraphs of the
letter which insinuates a threat of forcing the residents to pay for the cost of repairing
and maintaining the roads and trees if the City Council refuses to let the owner remove
them.
Creekside residents already are paying for what the park calls "pass thrus" which are
in addition to our space rent. These pass thrus are for maintaining the park common
areas such as heating the pool and for dump fees. Every year the pass thrus increase
and this year it is now $13.54 per month and beginning January 1,1995 will be $15.63
per month. ( We personally don't know why we are being charged additional fees
when we are already paying for our space rent which is increased every year by the
Consumer Price Index.)
We feel that many residents will be intimidated by this letter and will fear another
increase in our rent and pass thrus even though in our lease it states that the park
must maintain the common areas, which includes the streets, park areas, lawn areas
and driveways. We should not have to pay for maintenance that is the park's
responsibility and which we are already paying for through the rent that we are
charged.
IFMVfr
OCT 4' 1994
CITY CLERK
:: OBISPO, CA 1—
The owner has stated in his letter that he received one bid of $50,000 to remove all
asphalt, road base and roots and apply a chemical root barrier and re -pave the street.
We feel that he should be made to request more than one bid and to investigate
alternative solutions to removing the trees with the help from the City Arborist and not
the owner's personal "Arborist ".
Sincerely,
Steve and Sue Burns
c.c. Todd Martin, City Arborist
/-33
0
66rcc4idc
Mobiloboow rom000lly
3960 SOUTH HIGUERA • SAN Luis OBIsPo • CALIFORNU 93401 • PHONE 805/543 -7113
Dear Residents; September 26, 1994
Many of you have heard about the situation regarding the seven pine trees at the park entrance. We take
this opportunity to provide all the facts so residents understand the difficult situation we face.
In the spring of 1992, Creekside spent almost $5,000 to remove asphalt, dig out roots and repave the streets
next to the meridian. This was necessary maintenance as the roots caused severe uplifting and cracking.
This situation presents two important problems for our community. Maintaining the condition of the streets
is obviously important.. In addition, to properly - insure the activities of the park we must be attentive to any
and all potential dangers or liabilities. Our insurance inspectors are very quick to identity trip hazards and
the potential liabilities. Not to mention the general safety and welfare of our residents.
After trimming the roots in 1992 we proceeded to water the trees extensively hoping that extra water would
discourage the roots from returning to the surface. Unfortunately, just two years later we are again
experiencing serious uplift and cracking of the asphalt. We have consulted with SLO City Arborist, our
Arborist and our paving contractor. The root problem we are experiencing is the natural growth pattern for
these trees. They agreed this was not an appropriate place for these trees to have been planted in the first
place.
One potential suggestion from the City Tree Committee was to remove all asphalt, road base and roots and
apply a chemical root barrier and re -pave the streets. We secured a cost estimate for this job from Toste
Construction (who does all our street/paving work) of almost $50,000. They also stated they could not
guarantee it would work because they have no faith in the chemical root barrier process! Our Arborist also
doubted its effectiveness! Therefore, no practical solution was offered to us other than removal of the trees.
We hope you all would agree we make every effort to make Creekside the most beautiful park in the city.
Therefore, it was with great regret that we felt compelled to apply for a permit to remove the trees. In doing
so we promised the city they would be replaced with trees more suitable for the area. Our application was
denied in large part because several of our residents appealed to the City Tree Committee objecting to our
removal application.
While we understand the feelings of those residents, and share them, we must communicate the fact that we
really have no other options. Tearing up the streets every other year is certainly not practical. Are all park
residents willing to share the costs of maintaining the area should the trees remain? Should the city refuse
our removal and replanting plan, then perhaps the ongoing street maintenance becomes a pass - through as a
government mandated service.
As we now go before the City Council to appeal the decision of the tree committee we ask that Creekside
residents re -think this situation and help support the only real solution for the safety and maintenance of our
beautiful Park.
Creekside Mobilehome Community
1-3+
- -- CREEKSIDE - -- 8055487118
3960 S. Higuera st.
Space 121
San Luis Obispo, Ca.
October 4, 1994
MEETING 9 AGENDA
�` .ITEM #_
93401 . UNCIL
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SffATMRNEy
C1 CLERKAMIC,
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Mayor and City Council
City Hall
P.O. Box 8100
San Luis Obispo, Ca. 93403 -8100
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P.O
We are writing to you regarding the seven pine trees at the park
entrance to Creekside Mobile Home Park.
It has been fully explained to the residents of the park, by the
management, as to why these trees should be removed. It is the
only viable option the park has and we fully understand their
position.
As Creekside Mobile Home Park has always maintained the park in
first class condition, we feel that their decision in this
instance is the right one.
As these pine trees will be replaced with trees that will be
appropriate for that area, we back Creekside 100% in their
proposal to remove the present trees and replace them with
others.
We appreciate your consideration in this matter.
Thank you.
cc: Creekside
Mr. and Mrs. F. W. Herriman
Space 121
Creekside Mobile Home Park
°o F __ _
OCT 4 1994
CITY CLERK
"s OBISPO, C '
iLD o
SEP - 6 1"4
CInCOUncn Sept. 2, 1994
aN Buis os►SP& cn Retain this docu►nern for
future Cour+cil meeting
t;ata, it agerdiz d
The Honorable Mayor &City Council C .
P.O. Box 8100 �P
San Luis Obispo, Ca. 93401 v
Dear Madam Mayor and City Council Members:
I am writing you in regard to a petition which
I understand is now before you from the Creekside
Mobile Home Park, regarding the removal of several
trees in the main parkway of this park.
It is my understanding that this park has
requested removal of these trees due to the fact
the roots are causing problems with the pavement.
While there may be some cost and problem with the
tree roots over a period of years, I am strongly
opposed to the removal of the trees for such a
reason.
The aesthetic value of these trees to the
Creekside community and the neighborhood are of
inestimable value. Simply cutting down healthy
trees because they are an annoyance or cause some
problems with shedding leaves, etc. does not justify
such a radical remedy.
The complaint of cost of maintaining streets is
not justified, as very little expense has been
caused from this minor problem. In the fifteen years
that I have lived in this park I have only known one
occasion when the streets were repaired as a result
of the trees damaging the asphalt. At that time
all work was done by the park maintenance personel
and certainly added no great financial burden to the
upkeep of the park common area.
I ask that you deny this petition as being
unjustified both for the sake of the residents of the
park and the community itself.
Ygil tru y
fardR. SpenceYry
3960 S. Higuera, # 49
San Luis Obispo, Ca. 93401
CC. Todd Martin
C'W3(
RECENEL
OCT - 5 1994
Clrr COUNCIL
SAN LUIS OBiSPO. CA
3960 S. Higuera St.
Space 121
San Luis Obispo, Ca. 93.101
October 4, 1994
Mayor and City Council
City Hall
P.O. Box 8100
San Luis Obispo, Ca. 93403 -8100
Rc.1a;n this 10r
future Cc:;ncit meeting
3
/7
We are writing to you regarding the seven pine trees at the park
entrance to Creekside Mobile Home Park.
It has been fully explained to the residents of the park, by the
management, as to why these trees should be removed. It is the
only viable option the park has and we fully understand their
position.
As Creekside Mobile Home Park has always maintained the park in
first class condition, we feel that their decision in this
instance is the right one.
As these pine trees will be replaced with trees that will be
appropriate for that area, we back Creekside 100% in their
proposal to remove the present trees and replace them with
others.
We appreciate your consideration in this matter.
Thank you.
cc: Creekside
0
Mr. and Mrs. F. W. Herriman
Space 121
Creekside Mobile Home Park
/." 43 r[
P. 0. Box 607
San Luis Obispo, CA 93406
October 3, 1994
RECEIVED
OCT - 5 1994
CITY COUNCIL
SAN LUIC OBISPO, CA
The Honorable Peg Pinard, Mayor
and Honorable City Council
City of San Luis Obispo
P. 0. Box 8100
San Luis Obispo, CA 93403 -8100
Dear Mayor Pinard and City Council Members:
I am a ten - and -a -half year resident of Creekside Mobile Home Park (3960 South Higuera
Street, Space 98) and am writing to you to ask your reconsideration of the City Tree
Committee's recent rejection of a tree removal permit requested by our park owner.
While the seven pine trees lining the entrance street of the park are certainly beautiful from an
above- ground view, the havoc they have wrought and continue to present below ground
requires consideration. It is my understanding that the SLO City Arborist, as well as the park's
arborist, have agreed that these trees should not have been planted in this location in the first
place because of the potential for the destruction we now see being caused by the normal
growth pattern for these trees.
I think it is completely unreasonable to have to tear up the streets, dig out soots and repave
every couple of years because of the damage being caused. I likewise feel is absolutely
unreasonable to incur exhorbitant costs "gambling" on unproven and non- guraranteed
chemical root barrier processes, especially since costs such as these will eventually be passed
through to the residents.
The park owner and management are clearly dedicated to enhancing and maintaining the
aesthetic beauty of the park as can be seen by anyone who drives through the park, and they
have PROMISED TO REPLACE THESE TREES with a type more suitable for the
environment. I consider this to be a reasonable and rational solution to an untenable situation.
All that will be required is a little patience to lef the new trees grow. Our park will still be
beautiful, the streets won't present hazards because of any root destruction, they won't have to
be tom up regularly, and none of us will have to "gamble" away our earnings looking for
solutions to the problems being caused.
I respectfully request and thank you for your reconsideration of Creekside's request for a tree
removal permit.
Sincerely,
Vivian Eileen Herriman
1-39
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5th' 2 2 1994
City COUNCIL
$A41 LUIS OBISPO. CA
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0
TUTT TREE & CRANE SERVICE
September 16,1994
TO: Mr. Pat Fleming
Creekside Mobile Home Community
3960 South Higuera Street
San Luis Obispo, CA 93401
Dear Mr, Fleming,.
As per your request, I•have completed an inspection of seven
pine trees at the main entrance to the park.
DESCRIPTION
Seven Pinu6 Pines, Italian StnnR Pine, approximately 25 years
Old and about 35 feet in heiyhL. The trees have codominate
trunks with an average DSR of 28 inches. Foliar volume is
good and branch elongation is symmetrical. The trees show no
evidence of prior pruning with the exception of the removal
of some lower limbs'to achieve roadway clearance.
NoThwolem OHSERVWIONS
Upon arrival at the subject site, T observed a row of Italian
Stone Pines growing. in the center median on the main
entryroad to the psrk. The trees appear to be growing
vigorously. This center median is raised above pavement
height and rimmed with concrete curbing. Closer inspection
shows root crowning at soil level and some curb displacement.
There is also evidence of asphalt repair to the roadways
adjacent to the Curbs. Further inspection reveals asphalt
heaving* and.crgcking in the roadways 15 feet away from the
center line of 6xi.row of trees. These upheavals are
consistent with root damaged pavtuauent.
CONCLUSIONS AND RTCONGMATIONS
There are several possible rcmediee to effect repairs:
1. Root pruning.; Procedure involving trenching and cutting
hori$ontal.roots adjacent to the trunk line. This is not d
praeti.cal in this situation because "buttress roots" would
be severed. These roots provide the ability for the trees `t
to withstand wind toppling. O
CALIF. LIC. 606137 P.O. BOX 6037 LOS OSOS, CALIFORNIA 93412 805/543 -3033 FAX 805AS28
1-4-0
--- RRFFKRTnF --- RRR54n711.; P. A:
page 2
Mr. Pat Fleming
September 16,1994
2. Chemical "rootbarriers "; This is a chemical
appiicatlon that requires broadcasting over the soil to
reach the root zones. The asphalt roadways would have to
be removed to allow placement of this rhamical. There is
no long term guarantee (more tlidu a year) Lhat this
treatment would be successful as the "root mat" is so
advanced in devailnpment. Increasing dosage jeopardizes the
health of the aubjecL trees.
3. Removal of the trees; The immediate rhange to the
entryway would be drastic. Mediation medsure* involving
replanting the median with specimen trees in concert with
root harrier devices would prevent Suture roadway damage.
The existing Lrees and their roots will continue to damage
pavement -and provide trip hazardz.to pedestrians. The _
reassuring expenses to repair this damage. Coupled with
the liabiliLy, will be excessive. I recommend removal of
those trees and replacement with a more suitable species.
Respectfully submitted,
�J 1*—_
Micnael b. Putt
Certified Arborist No. W.C. 1016
wi V.
itWC -1016
PY . 3
6
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1 -41
--- GREEKSiDE --- CIOb5437113 Y. b4
Page No. Qt Pa9
Aaatt �oastuar��iaar
Sealing & Asphalt Maint.
144 La BEACH, Del Sol PROPOSAL
PISMO B EACK CA 93449
License No. 596817
(805) 489.1791 a FAX (805) 481 -4427
Pi':1NG DATE
TO CREEKSIDE MOBILEHOME PARK 543 -7113 - 9/06/94
3960 S. HIGUERA ST. JOB NAME /L ATION
SAN LUIS OBISPO, CA 93401
ATTN: PAT
Joe ti tMeea Joe F-,ONE
We hereby ubmit specifications and estimates toi:
DESCRIPTION: REPAIR TREE ROOT DAMAGE IN STREETS AT ENTRANCE OF PARK;
INSTALL ROOT BARRIERS IN AREAS NEEDED
SQ.FT.: 18,000 SQ.FT. DEMO AND REPLACE
BASE MATERIAL: 10 INCHES CLASS II
A.C. PAVEMENT: 4 INCHES ASPHALT
* *CANNOT GUARANTEE THAT ROOTS WILL NOT COME BACK THROUGH ASPHALT WITHIN 31
MONTHS
a hereby to furnish material and labor — compete in
.y
above specifications, for Me sull of:
�iara is 48616 . 00
'ayrtlirt to b Ti .a } "!R5 :
TAE E IR E OUNT IS TO BE PAID UPON COMPLETION. IF NOT PAID WITHIN 30
DAYS, LEGAL ACTION AND ATTORNEYS FEES TO BE PAID BY DEFENDANT. INTEREST
WILL BE CHARGED AT 1.5% MONTHLY.
I I Ap MaYrial is glarameed 10 0a Y apselpad. All rock to be 06MMed in a priaearOnal
warmer according to standard dracliOaa. AtV 4:t6fWart Or diriddrn Vdm a20ya 40ecillCa-
11ons inmwing a.va tam wu be eaaaur.d only upcn .widen orders. wW 1aI 15 wFh: On
Its" enarge aWr 11nd aba v IDs 6ornate. Art a0tee.n.0 eoruinpem Upon Suitt', sceidants
gr dalays Q%=Q 0Yr 0011101. OWAR 10 Oary 1lra. Idrhad0 Gild other naCedaW Ln5VT4n4e.
t
Our wert.ts are rally cO.Ored by WOAd(d CompilhUtiOR IflaJfaOCO.
A"ePtanCe Of PrOP05al — The above prices. specifications
Ajihwi 1
r:Ot:: Tnla prcprs:J m be
withdrawn q us 4 not acocpt.d within
90
day
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MEETING AGENDA
DATE 11� ITEM #
W4116%8 . Cammukin
jy)U SuU171 HIGUCAA SAN Luis OBISPO • CALIFORNIA 934U1 • FHo1ve 80/543.711
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Ol- 1S -1j`J7 11 ;47Rm FROM EFrl LR<E PARK SALES TO
BOSTICK COMPANY, INC.
ASQNA.LT PAVING CONTRACTORS
301 6. RICwA kN AVENUE
FULLeGTOW- CAL IFORNIA 11202
(718) FAX (718) 871 8222 8664
STATE 1-4i1"
10055437113 P. ('$l
PROPOSAL
M EVAN
&P.m. CORPORATION _ Jarluacy 13 1995
rRDPOriAL SU81rITTeoro DATE 714/632 -1646
�na;C -R nit�liA WAY ._ FAX• _...
PIA
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RAN flal§ OS 6=m
MH WGRUy SUNYR &W-WICAT1ONS AMD ESTIMATES FOR
1. Take out and haul away nppiwcimabcly 18,000 eq.ft, of rooNdrwmaged asps and
reniaw subgrade tD a Dotal depat of fourtccn (14) inchm
S. C;ompaOt subaada to waximIem density.
3. lnatall appicjdMtdy 600 lincal fcct of root•banier intarloolvug pavans adja=t
t6 center.piontrm at mail .
4. Grade and cosupnl;t ten (10) inches of Clare 1I rock base to the entire preparemi arm.
5. Apply tack ja biudm) to ail expoacd vortical aspVm1t edpa.
6. Machine inataR four (4) incbca of hot rDephalt to aWO;dmately 18,000 t;OL,
roll and compot.
GOS70- $ W9600.Oa
Aeef 1l.-&M x=w- A a6gllaa Mwor PAftr wdM- rev ps emt 90won �'It Q m oow .less ar 18as in a uMwd&&wb- M&A-
*4 �" Wxwl d 4 � S$, anOgA eh.ul nal be %@W poom ble %r +rbTaler To ilnfatfad m cads
YMANK YOU FOR OONSIOERING OUR COMPANY IN YOIIR FORTHCOMING A $Ft1AL`1 h9PA1R PROGRAM.
w AR l; tdor QFtPONSIBLE FOR ANY LIABILIIT KLEULTINo FROM TRAFFIC 00NTFtG6 $PEEC SIR Me,
wt YkGPOSE hereby to furnlah malall8l find labor complete In accordiNUe ankh above %mcificallons. for 1110 Ol+m of
DDLU AS R..
TS2w or PAYM[MT: rye {Ir 7 ]PON MUM M'f nN OR F-ACH
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DATE rING 7- AGENDA
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3960 SOUTH HI6UEAA • SAN Luis Onaru • CALWOANIA 93401 • PnoNX 802/543 -71.
January 13, 1995
Tot San Lui a Ohi qM Ci ty rniinni I
We hereby request postponement of the City Council hearing of nur appaaI nt
the Tree CulaiLLUt= deciyiuu reycuy3iuy L11e lacye vine Lrees at our park entrance.
We ask for this postponement because we have requested a Health arid. Safety
Insp --cUuu ut uuL Luadway Lo W, perfonnu] by the Department of [lousing and
Community Development. HCD bears inspection rPSpnnsihility for surh matters
in mobileiitxoe parks. Thlb itwjA::Lion report will not be completed in time for
the January 17th City Council meeting..
C'reekside is also tryinq to qet nnre pavicty alai Uee cxuiLractors to help
cvaluate our problem and explore all possible options available to n.-;, hit
these contractors are all ulOeLeLalu3ably very busy right now dealing with
more urgent problems created by our winter stnrmq.
3
RECEjVeD
JAN 1 3 1995
CITY CLER14
W1 LLna 0013 K CAI
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Q COUNCIL
❑ CDD DIR
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3
JANUARY 10, 1995
MEETING AGENDA /
DATELY I.LnU#
T0: MEMBERS OF THE COUNCIt
OBISPO CALIFORNIA
SUBJECT: REMOVAL OF TREES IN ENTYWAY TO
AT 3960 SR HIGUERAC DE MOBILE HOME
STREET.
AS RESIDENTS OF CREEKSIDE MOBILE HOME PARK, WE ARE,DEEPLY
CONCERNED ABOUT THE LARGE TREES'LOCATED ON THE CENTER DIVIDER
ON THE ENTRANCE /EXIT ROAD.IN OUR PARK. THE TREES HAVE,. IN THE
RECENT PAST, CAUSED SEVERE DAMAGE TO THE ROADBED BY THE'ACTION OF
ROOTS PUSHING UP THE ASPHALT RESULTING IN UNSAFE DRIVING
CONDITIONS. THE PARK MANAGEMENT HAS SPENT A CONSIDERABLE AMOUNT
OF MONEY IN REMOVING ROOTS AND.RESURFACING THE ROADWAY, BUT THIS
CONDITION IS EVER WORSENING SINCE THE TREES ARE BECOMING LARGER
ANIl..IdRGER EACH YEAR. THE REMEDIAL EFFORTS PERFORMED IN.THE PAST
WILL NOT BE SUSTAINABLE.
ANOTHER CONSIDERATION IS THAT AS, THE TREES -AGE AND GROW LARGER,
THE WEIGHT.OF THE BOUGHS CAOSES THEM TO SAG AND THE SPACE
BENEATH THE BOUGHS'TO THE ROADBED IS DIMISHING. THE RESULT IS
THAT SERVICE TRUCKS.;- SUCH AS UPS TRUCKS, COMING INTO THE PARK
ARE BRUSHING THE LOWER LIMBS OF THE TREES.
WE'ARE THE OWNERS OF A MINI- MOTORHOME WHICH IS STORED IN THE.PARK
AND AS WE EXIT AND ENTER.THE PARK, WE CAN BARELY CLEAR UNDER THE
TREF, LIMBS EVEN WITH THE BRANCHES OF THE TREES BENDING DOWN OUR
ANTENNA.
1's
THEREFORE, WE REQUEST THAT.THE PARK.MANAGEMENT BE ALLOWED TO
REMOVE THE OFFENDING TREES AND REPLACE THEM WITH SMALLER,
YOUNGER TREES;.'.WHICH WILL GIVE JUST AS BEAUTIFUL AN-ENTRYWAY AS
THE PARK MANAGEMENT HAS ALWAYS PRESENTED AND MAINTAINED FOR ITS
RESIDENTS.
SINCERELY,.
y
RECEIVED
EDWARD A�ND CEROW SKI. #1 03
�
JAN 1 .1 199
CITY COUNCIL
SAN 1.151c BBISPO, CA
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RASR4.i71 1 A
MEE- ; AGENDA
DATE i -r ITEM #-
C; �ouhC/L
! 3960 SOUTH KICUIRA • SAN Luis Owb?u • CALIfOAx1A 93401
i o _• C► -c-Y
G�rY
OF S1N,J WV j oCiISQD
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10 -7 -94
bean ldyoa Peq. pinaad, SLO Cify Council and RU Cify Taee Cammitiee:
have Lived at.Ceeeh4lde A06LIehome CommunLLy wince 1981 and have aG„aya
toyed the peat fob tAZA pack doea on landacapiny. to 'A Aurh a. featuae that
it hat upon the 06iapo Beautc�uL acanda. Nvm Lhe.Naar is #aced u,ifh a haadaitip
case of paoblem faeea at ff,e enfaanae who -je n00.fn nao. doma9.iny. the Goad. I
taunt ;the pa/Lk Cu vidy ae,uove the tae" that awe cauainy. paob uvi and to plant
the paopea type faee in fAeia plare.. It'd a hand neaAty to ace but Pve
teem i,t many time& in uLhea place& mheae yuu guaf aea.LiiC the plant i.s Aof
appaopaiafe PA fhaf paaficulne lnrnfion. CA"e de had my auppoat in the
aC,<uv4.L v# Lhoae- pna6lem faee.
. Sinceaely,
I BARIV U AN
18051 543 -1334
P.
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JANUARY 1.0, 1995
T0s MEMBERS OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
SUBJECTI REMOVAL OF TREES IN ENTRYWAY TO CREEKSIDE MOBILE HOME
PARK, LOCATED AT 39bU S. HIGUERA STREET.
AS RESIDENTS OP CREEKSIDE MODILE IIOME PARY., WE ARE DEEPLY
COWCFRNFD ABOUT THE LARGE TREES LOCATED ON THE UhN'I'EK DIVIDER
ON TTIE ENTRANCE /EXIT ROAD IN OUR PARK. THE TREES HAVE, IN THE
RECENT PAST, CAUSED SEVERE DAMAUE TO THE KOAUBED BY THE ACTION OF
ROOTS PUSHING UP THE ASPHALT RESULTING IN UNSAFE DRIVING
COND1TIUNS. THE YANK MANAGEMENT HAS SPENT A CONSIDERABLE AMOUNT
OF MONEY IN REMOVING ROOTS AND RESURFACING THE ROADWAY, BUT THIS
CONDITION IS EVER WORSENING SINCE THE TREES ARE BECOMING LARGER
AND LARGER EACH YEAR. THE REMEDIAL EFFORTS PERFORMED IN THE PAST
WILL NOT BE SUSTAINABLE.
ANOTHER CONSIUEHATIUN 1S THAT AS THE TREES AGE AND GROW LARGER,
TIME WEIGHT OF THE BOUGHS CAUSES THEM TO SAG AND THE SPACE
BENEATH THE BUUGHS TU THE ROADBED IS DIMISHING. THE RESULT IS
THAT SERVICE TRUCKS; SUCH AS UPS TRUCKS, COMING INTO THE PARK
ARE J$RUSHING THE LOWER LIMBS OF THE TREES.
WE ARE THE OWNERS UY A MINI—MOTORHOME WHICH IS STORED IIQ THE PARK
AND AS WE EXIT AND ENTER THE PARK, WE CAN BARELY CLEAR UNDER THF.
TREE LIMBS EVEN WITH THE BRANCHES OF THE TREES BENDING DOWN OUR
ANTENNA.
THEREFORE, WE REQUEST THAT THE PARK MANAGEMENT RF. ALLOWED TO
REMOVE THE UFFE;NDING TREES AND REPLACE THEM WITH SMALLER,
YOUNGER TREES; WHICH WILL GIVE JUST AS BEAUT.TFUT. AN ENTRYWAY AS'
THE PARK MANAGEMENT HAS ALWAYS PRESENTED AND MAINTAINED FOR ITS.
RESIDENTS.
SINCppE�x,-6LT ,
gtjQMtiG
EDWARD AIQD LAV E tOPROWSKI, $iO3