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HomeMy WebLinkAbout03/07/2000, 1 - APPEAL OF TREE COMMITTEE DECISION TO APPROVE TREE REMOVAL REQUEST AT 1370 CHORRO ST. council 3 ,1f Ov j agcnaa Repoat CITY OF SAN LUIS OBISPO FROM: Mike McCluskey,Public Works Director Prepared By: Todd Martin, City Arborist SUBJECT: Appeal of Tree Committee decision to approve tree removal request at 1370 Chorro St. CAO RECOMMENDATION: Adopt a resolution denying the appeal of the Tree Committee decision to approve the removal request at 1370 Chorro St. DISCUSSION : On December 21, 1999, City staff received a tree removal application from Dr. Matthew Kim of 495 Piedra Ct. in San Luis Obispo. The request was for the removal of an evergreen ash(Fraxinus uhdei) at 1370 Chorro St. The request was based on the claim that the tree's shallow root system was uplifting the brick parking lot,creating a trip hazard for his patients. Staff inspected the tree and determined it did not meet the criteria for tree removal as described in Section 12.24.180 of the San Luis Obispo Municipal Code. The applicant was notified of this by letter on January 4,2000,and that the request would be placed on the January tree committee agenda for consideration. Dr. Kim was present at the tree committee meeting on January 20. Dr. Kim expressed concern over his increased exposure to a potential lawsuit that might result if one of his patients were to injure themselves on the uneven brick in his parking lot Dr. Kim also noted that parking in the area of Chorro and Pismo is difficult and losing a parking spot in his lot due to the root problem would only exacerbate the problem. He also brought to the committee's attention that this same request was presented to the committee in 1993 at which time the request was denied and he was advised to pursue root pruning the tree in order to solve the problem. At that time,Dr. Kim contracted with Dave's Tree Service to sever several large roots extending out under the brick parking lot. Dr. Kim is now concerned that further root pruning may weaken the tree structurally and would only be a temporary solution. Municipal Code Section 12.24.180 C-6 provides guidance for approval or denial of tree removal requests. One of the following criteria must be met before a removal request can be approved: 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? 1-1 Council Agenda Report—1370 Chorro St.-Tree Removal Appeal Page 2 After careful deliberation the tree committee determined that the tree was causing`Undue hardship" and approved the request,per the Municipal Code,with one replacement tree required. On March 7, 2000,Mr.Brian Christianson filed an appeal with the City Clerk's office appealing the tree committee's decision per Municipal Code 12.24.180 H. The appeal asserted that"other options to keep the tree were not discussed". Staff feels the option of root pruning was discussed at length a the committee meeting and was not considered to be a viable solution. Tree Committee members also discussed the possibility of adding a parking space along the Pismo frontage to compensate for the loss of a space in the parking lot,however,this was determined to be"unworkable"and dismissed by the members. ALTERNATIVES : Adopt a resolution upholding the appeal. FISCAL IWACT : There .is no fiscal impact to the city for either approval or denial of the appeal. Attachments: Resolution Appeal Tree Committee minutes Application Correspondence I:CAR4370 Chorro Tree Appel 1-2 RESOLUTION NO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE TREE COMMITTEE APPROVAL OF TREE REMOVAL REQUEST AT 1370 CHORRO STREET NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findines: That this Council, after consideration of the applicant's appeal, and the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, makes the following finding: a. The tree is causing undue hardship to the property owner. b. The appeal of the Tree Committee approval of the tree removal request at 1370 Chorro Street is hereby denied. Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of , 2000. Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: <�,IKZ114#&:�e 4ro Jo ens , Ci ttorney 1-3 RESOLUTION NO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING THE APPEAL OF THE TREE COMMITTEE APPROVAL OF TREE REMOVAL REQUEST AT 1370 CHORRO STREET NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findinas: That this Council, after consideration of the applicant's appeal, and the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, makes the following finding: a. The tree is not causing undue hardship to the property owner. b. Removal of the tree will not promote good arboricultural practice. c. Removing the tree will harm the character or environment of the surrounding neighborhood. SECTION 2. The appeal of the Tree Committee approval of the tree removal request at 1370 Chorro Street is hereby approved, and the tree removal request is denied. Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of 2000. Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS FORM: M r . J rge n, Attorney 1-4 sAntuls 061SPOmomWage . APPEAL TO THE CITY COUNCIL In accordance with the appeals procedures as authorized by Title, 1, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned hereby a peals fr the decision of '� IyS� rendered on I �/ which consisted of the following (i.e., explain what you are appealing and the grounds for submitting the appeal. Use additional sheets as needed.) The undersigned discussed the decision being appealed Pit �� on � 2) LVW Name/Depaaame/T-We"agl (Date) Appellant: Malling Address (& Zip Code) Home Phone Work Phone Representative: Name/Title Mailing Address (& Zip Code) ror umaal use Only: Calendared for Date & Time Received: c: City Attomey City Administrative Officer EFEB ED Copy to the following department(s): a 000 LERK Original in City Clerk's Office 1-5 TREE COMMITTEE MEETING MINUTES JANUARY 24, 2000 PAGE FOUR Ms. Murphy moved to approve the removal request for both trees, based on promoting good arboricultural practice and undue hardship to the property owner, and did not require any replacement plantings. Mr. Caminiti seconded the motion. The motion passed unanimously. 7. 1370 CHORRO (Ash) The applicant discussed root damage to the parking lot and stated it was a liability/trip hazard for his patients. He noted that previous root pruning had not alleviated the problems and he was losing valuable parking space. Mr. Martin noted that the tree was healthy, but was planted in the wrong location. A neighbor/appellant favored retaining the tree, as it was significant to the neighborhood and he did not think the root displacement warranted the removal. The Committee agreed that it was both a neighborhood asset and a hardship to the property owner. Ms. Murphy noted that the tree could get bigger and discussed replacement planting options. Mr. Caminiti moved to approve the removal request based on undue hardship to the property owner, and required 1 15-gallon replacement tree to be chosen from the Master Street Tree List and planted in the same location within 45 days of the issuance of the removal permit. Ms. Murphy seconded the motion. The motion passed unanimously. 1-6 DEC-21-1999 12=08 DR. MATTHEW Y. KIM tibST*J LJTOG r7 r.u< return completed form to City Arborist 25 Prado Road SLO. CA 13401 an"Acl osari 'U'S OBis"o 25 Pr250 Road•San LOIS OtOSM CA 93401 Tjzp V Telephone Applicant: Address: • ,yarsli7 �1,4� ��l�lcF ,�,f e..E -�'��� Location of tree(s) : U Important: A tree removal application Will only be considered if accompanied by a plot.plaa shoving the location and species of any tree proposed for removal. v Tree Species: co=on name Botanical name Reasons for removing: lzlc sla-tl��v u « � u � e -� --��,�4,4 ``a_IxW tk� oa.4> — ccs wi•-•� l/Dreg Compensatory replacement proposed: .sai Comments: Date Applicant/firmer / (plot plan attached) hcPP'al.fiv�h+*f2 . i d u986Z�5568 'ON IVA , Q g0( NJ 91:Z NOW 1-7 DScC-21-1999 12, DR. MATTHEW Y. KIM 605++54-3+bCr7 11370 3 E. '71-0 �tr�2.t2o S� lei rn TOTAL P.03 1-8 IItofs� l�u�s oBispo y 25 Prado Road • San Luis Obispo, CA 93401 January 4, 2000 Matthew Kim, DDS 1370 Chorro Street San Luis Obispo, CA 93401 Your application for tree removal at 1370 Chorro Street 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(s), the matter has been forwarded to the City of San Luis Obispo Tree Committee,pursuant to City Ordinance No. 1153, Section 12.24.180. The Tree Committee,which is comprised of five members,will review your application and inspect the tree(s) in question. The members will then take up the issue at the next Tree Committee meeting scheduled for January 24, 2000 at 5:00pm , in 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 the circumstances surrounding your proposed removal of the trees, after which you will be given an 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) 781-7023, Monday through Friday. Sincerely, G� Todd Martin City Arborist © The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities Telecommunications Device for the Deaf(805)781-7410. W ���II��I I�IIIIIII�I IIIII�III �III II IIII IIII III City Of SAn 1UIS OBISPO 25 Prado Road • San Luis Obispo, CA 93401 February 2, 2000 Matthew Kim 1370 Chorro San Luis Obispo, CA 93401 Your application for tree removal at 1370 Chorro , has been reviewed by the City of San Luis Obispo Tree Committee. After careful consideration of the facts provided by you and an on-site inspection of the tree(s), the Committee members have voted to approve your request for removal of ash. An employee of the City will post the tree(s) for removal within two working days of the Committee's decision. This "Public Notice" must remain up for ten (10) days to allow members of the public to appeal the Committee's decision to the City Council. After this posting period, if no appeal is filed, a tree removal permit will be issued. You will need to call 781-7220 to arrange to pick up and sign for the permit. If an appeal is received, the City Council will hold a public hearing on the appeal within 45 calendar days of receipt of the appeal. You will be notified both of the appeal and of the subsequent meeting by the City Council. Please note that there may be replacement tree requirements as noted on your permit. If you have any questions regarding this process, you may contact Todd Martin at (805)781-7220, Monday through Friday. Respectfully, Todd Martin City Arborist commappr OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805)781-741o. W Dave's Tree Service Mon,Mar 6,2000 9:57 PM Page 1 of 1 0 .5111M Dave' s Tree Service 625 Jameson Ct. Arroyo Grande, Ca. 93420 (805)481-1038 March 6, 2000 RE: Ash 1370 Chorro San Luis Obispo This is the wrong tree for this location. It outgrew its planting area many years ago. The roots are against the fence at the rear. They are causing damage to the parking lot again. The surface roots are close to 12^# in diameter. They are lifting the bricks in the parking lot causing trip hazard for the patients of Dr. Kim and Dr. Krueckel. One elderly patient has already fallen. The roots caused a similar problem back in 1993 when several patients fell in the parking lot. It was my opinion the tree should have been removed back then. Dave' s Tree Service pruned some of the roots growing into the parking lot in October of 1993. The resulting wounds from the root pruning subjected the root system to decay fungi. The tree is much larger now. Root pruning would again open the root system to decay fungi. It is probable there is already some decay present from the root pruning in 1993. Removal of sufficient lateral roots to repair the parking lot could reduce the stability of this large tree. This Ash has outgrown its location. It is a liability rather than an asset. I would recommend its removal. Dave Ragan ISA Certified Arborist #345 REPORT—ON--ASH LOCATION .1370 Chor_r-o San Luis obspo, Ca. 93401 PREPARED BY Dave Ragan ISA Certified Arborist #34S There is an Ash growing adjacent to the parking lot at 1370 Chorro in San Luis Obispo (see pg.3) . The parking lot serves the Dental Office of Dr. Johnson and Dr. Rim. The parking lot is paved with brick and has 4 spaces including 1 handicapped space. The roots of the Ash have lifted the bricks which have caused several patients to trip. I believe this ash is Fraxinus uhdei, Shamel Ash. According to the Sunset western Garden Book this tree grows to 25 '-30 ' in 10 years, 40 ' in 20 years and eventually may reach 70 '-60 ' . It is semievergreen losing its leaves for a short time in cold weather. It is shallow rooted. Gordon Courtright in his book "Trees and Shrubs for Temperate Climates, 1979" states that this tree should not be planted next to sidewalks since it is shallow rooted. There is a tree of the same species growing at 1555 Laurel Lane, San Luis Obispo. The diameter at the base of this tree is over 4 ' and the roots have lifted the sod at the base of the tree approximately 2 ' above the existing grade. I inspected the tree at 1370 Chorro and recommended its removal. A tree removal application was submitted to the City of San Luis Obispo September 22, 1993. The City Arborist, Todd Martin, referred this to the Tree Committee. They denied the application on October 27, 1993. Their reasons were the "tree is in excellent health and it appears that only one root is intruding significantly in the parking space; this root could be pruned. " On January 7, 1994 I exposed the root collar which showed many large roots growing under the parking area (see pgs.3,4) . Dennis Cox from the City of San Luis Obispo came to inspect the roots. He was unable to determine there was a problem and said he would return Monday morning, January 10, 1994 with Todd Martin. Dennis requested that some of the bricks be removed to expose more of the roots before the Monday meeting (see pgs.4,5) . Monday morning Todd and Dennis briefly examined the roots. Todd said to cut the root growing perpendicular to the parking space adjacent to the tree. He recommended removing the dirt above the roots that are growing parallel to the parking space and replacing the bricks. This will place the bricks directly on top of the roots where they will again be lifted. This will pose a continuing hazard to pedestrian traffic. I told Todd this is the wrong tree for this spot and the tree will continue to damage the parking lot. Todds comment was there are plenty of trees like this all over the city and they can not remove all of them. Perhaps this tree could be removed in 20 years. 1 This tree is obviously growing in the wrong location. It will continue to damage the parking area and pose a hazard to the doctors patients. The time to improve our Urban Forest is now, not in 20 years. I believe this tree should be removed and replaced with a tree that is suited for this location. 2 1 Y 3 f t i � n ry SW 14, ASH IN PARKING LOT r" 1 EXPOSED ROOT COLLAR AND LIFTED BRICKS (CENTER & LEFT) 3 t, a s� 4 � zt��1� 1 fn{,�t{r y, YY'' "�r t�s�^s �)Ri j• y„f j LE CLOSE UP OF ROOT COLLAR �•�.^,4-s '�� 4 "k�`.i",a fear a p'°!} J;�k;;�� � a3 �; E t 13R a v- a�Sk L �A Y I czw s WEr �arra,,," !9 •�', '� p a�`j�ar � �'"' !m "' .�,,�.�c.�'+r'�;V.'�� t� ''�' CEN'T'ER SINGLE ROOT TO BE REMOVED 4 8' F rF j z � i � r fit: � _=-�.__•,. �';�} ij%�� ^J y � x f 77 fur ra CTO.:;E UP OF ROOT, COLLAR Wi'l'l BRICKS RPIIt=)` ED k g y i s l � d Lt � 4 r k ^ NsW7 MASS OF RA-PTS GRCYOTNG PARALLEL TO SAT<KT'J]