HomeMy WebLinkAbout12-12-2016 TC Minutes
Monday, December 12, 2016
Regular Meeting of the Tree Committee
CALL TO ORDER
A Regular Meeting of the Tree Committee was called to order on Monday, December 12, 2016 at
5:03 p.m. in Conference Room A of the Corporation Yard, located at 25 Prado Road, San Luis
Obispo, California, by Chair Ritter.
ROLL CALL
Present: Committee Members Alan Bate, Scott Loosley, Angela Soll, Jane Worthy, Vice-Chair
Ben Parker, and Chair Matt Ritter
Absent: Committee Member Rodney Thurman
Staff: Urban Forest Supervisor & City Arborist Ron Combs, Community Development Principal
Planner Tyler Corey, Community Development Associate Planner Rachel Cohen, and
Recording Secretary Brad Opstad
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
CONSIDERATION OF MINUTES
ACTION: MOTION BY VICE CHAIR PARKER, SECONDED BY COMMITTEE
MEMBER SOLL, the Minutes of the Tree Committee Meeting of October 24th, 2016,
were approved on the following 6:0:1 vote:
AYES: Parker, Soll, Bate, Loosley, Worthy, Ritter
NOES: None
ABSENT: Thurman
TREE REMOVAL APPLICATIONS
1. 857 Santa Rosa Street
Minutes
TREE COMMITTEE
Minutes – Tree Committee Meeting December 12, 2016 Page 2
Property Manager Bill Carpenter provided a brief overview of the damage the subject ficus tree
has posed to the property and surrounding area, including sidewalk damage, destruction of the
foundation of the structure, and liability concerns over the raised and cracked foundation;
presented a report from J.R. Spencer Construction.
City Arborist Ron Combs stated the scope of his review and acknowledged the challenging
maintenance issues raised by the tree; explained that root pruning may not be a viable solution
because of the number of roots present and the extent of the damage; referred to a street
maintenance employee for confirmation that the roots do pose a trip-hazard to the public.
In response to Committee inquiry, City Arborist Combs confirmed it has been several years since
the last heavy pruning of the trees limbs and at least 4 years since the last root pruning.
PUBLIC COMMENT:
Matt Quaglino, San Luis Obispo, spoke in favor of tree removal and replacement.
Chuck Lowe, San Luis Obispo, urged the Committee to consider heavy pruning of the
tree rather than removal.
Committee discussion ensued.
ACTION: MOTION BY VICE CHAIR PARKER, SECONDED BY COMMITTEE
MEMBER BATE, to allow for the ficus tree removal, based on both the presentation of
undue hardship to property owners and the promotion of good arboricultural practices,
and for its replacement in City-approved, minimum 24-inch box, the specific location to
be determined by City Arborist. Motion passed 4-2-1 on the following roll call vote:
AYES: Parker, Bate, Loosely, Ritter
NOES: Soll, Worthy
ABSENT: Thurman
2. 1234 Santa Rosa Street
Owner Chelsea Ruiz presented her application for the replacement of four Ginkgo Biloba trees,
stating her desire to plant a species more compatible with the environmental factors of her property,
specifically a drought-tolerant California native.
City Arborist Ron Combs stated his findings of one healthy tree and three trees in need of extra
care; spoke in favor of removal.
PUBLIC COMMENT
Christine Husk, San Luis Obispo, expressed concern over the tree removal and aesthetic impact to
the neighborhood.
Minutes – Tree Committee Meeting December 12, 2016 Page 3
Committee discussion followed, during which members discussed alternatives to removal such as
better care and maintenance.
In response to public inquiry, the Committee stated the property owner is responsible for proper
maintenance, including watering of the trees; stated there is no basis to assume the trees are causing
an undue hardship for the homeowners.
ACTION: MOTION BY COMMITTEE MEMBER LOOSLEY, SECONDED BY
VICE -CHAIR PARKER, to allow for the gingko biloba tree removal, second-fromright
in the progression of four (4), based on the promotion of good arboricultural practices,
and for its replacement with a 15-gallon tree of the same species; on the following 6:0:1
vote:
AYES: Loosley, Parker, Bate, Soll, Worthy, Ritter
NOES: None
ABSENT: Thurman
3. 3057 S. Higuera Street
Association Manager Caleb Lim, presented an application for the removal of three pine trees based
on proximity to the building, concern for safety of residents, potential liability, and financial
hardship; expressed desire to replace the pine trees with something more appropriate for the
property and its residents.
City Arborist Ron Combs stated he cannot present basis for removal due to the healthy nature of
the trees.
Chair Ritter acknowledges the applicant as a representative of a Home Owners Association and
requests submission of a roll call vote as evidence of the governing board’s desire to move forward
with this application.
PUBLIC COMMENT
Bill Rich, homeowner, spoke against the tree removal, stating there was no formal decision of his
HOA to apply for the tree removal.
Bill & Vicki Ann Richardson, Jo Anne Howell, and Nona Ward, San Luis Obispo, expressed
concerns over tree removal, specifically proper identification of trees being removed and safety of
physically challenged residents.
ACTION: MOTION BY CHAIR RITTER, SECONDED BY VICE-CHAIR
PARKER, to table the Item to a date of Hearing to be determined and at such time that
further required evidence would be made available for presentation to the Committee; on
the following 6:0:1 vote:
AYES: Ritter, Parker, Bate, Loosley, Soll, Worthy
NOES: None
Minutes – Tree Committee Meeting December 12, 2016 Page 4
ABSENT: Thurman
4. 990 Palm Street
ACTION: The Tree Committee removed the Item from the Agenda for lack of Representative
Applicant and tabled it for a Committee Hearing at a future date to be determined.
**Action on Items 5 & 6 pending review by staff due to the lack of precedent for decision a tied
vote. **
5. 2119 San Luis Drive
Applicant Mary Kay Harrington presented an application for tree removal.
City Arborist Ron Combs confirmed the presence of decay on the sycamore tree, stating it is of
marginal health with some potential for failure; stated the oak tree has been heavily pruned and is
outside of the original footprint of the building, confirming the diameter of the tree.
PUBLIC COMMENT
Kelsey Reynold, San Luis Obispo, spoke in opposition of the tree removal.
Committee discussion included potential for the trees to cause structural damage based on their
proximity to the approved building plans for the property and the financial hardship applicants
would face through loss of building permit fees paid to the City.
ACTION: MOTION BY VICE-CHAIR PARKER, SECONDED BY COMMITTEE
MEMBER LOOSLEY, to allow for the sycamore tree removal based on promotion of
good arboricultural practices, and for its replacement; on the following 5:1:1 vote:
AYES: Parker, Loosley, Bate, Soll, Worthy
NOES: Ritter
ABSENT: Thurman
ACTION: MOTION BY VICE-CHAIR PARKER, SECONDED BY CHAIR
RITTER, to allow for the oak tree removal based on presentation of undue hardship to
the property owners, and for its replacement with a 15-gallon live oak on the property;
on the following 3:3:1 vote:
AYES: Parker, Ritter, Worthy
NOES: Bate, Loosley, Soll
ABSENT: Thurman
6. 2159 San Luis Drive
Minutes – Tree Committee Meeting December 12, 2016 Page 5
Applicant Steve Simoulis presented an application for the removal of a live oak tree to
accommodate approved building plans and to avoid potential damage to the structure and the tree
itself.
City Arborist Ron Combs stated the tree is healthy therefore, he cannot find basis for removal.
PUBLIC COMMENT
Kelsey Moe, San Luis Obispo, expressed concerns over the City approving plans that would
require later removal of trees; suggested property owners consider the placement of existing trees
before submitting plans that conflict with available space.
Jesse Bilsten, San Luis Obispo, spoke in favor of preserving the current placement of the tree;
suggested modifying plans to accommodate the tree or considering replacing the tree with equal
aesthetic value.
Committee discussion ensued.
ACTION: MOTION BY VICE-CHAIR PARKER, SECONDED BY COMMITTEE
MEMBER WORTHY, to allow for the live oak tree removal based on promotion of good
arboricultural practices, and for its replacement with a live oak; on the following 3:3:1
vote:
AYES: Parker, Worthy, Loosley
NOES: Bate, Soll, Ritter
ABSENT: Thurman
7. 1610 Colina Court
Brenda Lunceford, owner, presented her application for the removal of a Red Flowering Gum
(Eucalyptus) tree based on home owner’s allergy to the tree as well as concerns over the tree’s
apparent lean toward the home on the property.
City Arborist Ron Combs, stated no basis for removal.
In response to Committee inquiries, the applicants provided information about their allergy to the
tree; expressed plans to replace the tree with another species that would not only relieve them of
challenges to their health but also complement the existing trees in the neighborhood.
ACTION: MOTION BY VICE-CHAIR PARKER, SECONDED BY COMMITTEE
MEMBER SOLL, to allow for the third (#3) eucalyptus tree removal based on
presentation of undue hardship to the property owners, and for its replacement; CARRIED
on the following 6:0:1 vote:
AYES: Parker, Soll, Bate, Loosley, Worthy, Ritter
NOES: None
Minutes – Tree Committee Meeting December 12, 2016 Page 6
ABSENT: Thurman
8. 1628 Mill Drive
Michael Harkness, owner, presented his application for the removal and replacement of a liquid
amber tree.
City Arborist Ron Combs stated no basis for removal under his purview.
No Committee discussion.
ACTION: MOTION BY COMMITTEE MEMBER LOOSLEY, SECONDED BY
VICE -CHAIR PARKER, to allow for the liquid amber tree removal based on promotion
of good arboricultural practices, and for its replacement with a 15-gallon little gem dwarf
southern magnolia tree; CARRIED on the following 5:0:1:1 vote:
AYES: Loosley, Parker, Soll, Worthy, Ritter
NOES: None
ABSTAIN: Bate
ABSENT: Thurman
9. 1545 Tanglewood Drive
Applicant Diane Helbert, presented an application for the removal and replacement of a single
plum tree and two palm trees.
City Arborist Ron Combs stated he could not offer complete approval under his purview.
ACTION: MOTION BY CHAIR RITTER, SECONDED BY VICE-CHAIR PARKER,
to allow for the single plum tree and two (2) palm trees’ removal based on promotion of
good arboricultural practices; CARRIED on the following 5:1:1 vote:
AYES: Ritter, Parker, Bate, Loosley, Soll
NOES: Worthy
ABSENT: Thurman
NEW BUSINESS
1. 71 Palomar Drive
Associate Planner Rachel Cohen provided a brief overview of the development plan, requesting
feedback from the committee and members of the public.
Minutes – Tree Committee Meeting December 12, 2016 Page 7
PUBLIC COMMENT
The following San Luis Obispo residents spoke in opposition of tree removals as described in the
proposed development plan: Alan Cooper, David Brody, Camille Small, Lydia Mourenza, Mila
Vujovich- La Barre, Cheryl McLean, Carolyn Smith, Peter Croft, Bob Mourenza, and Cathy
Wydell.
Chip Tamagni, local arborist, supported the findings of the arborist report.
Chair Ritter opened for discussion and comments from the committee and staff.
In response to committee inquiry, Associate Planner Cohen confirmed there was one site visit by
the non-partisan arborist to provide an arborist report; stated a biological assessment was
conducted which included recommended mitigation in the initial study.
Committee Member Soll commented that she attended previous CHC and ARC meetings regarding
the subject site and these advisory bodies were interested in comments provided by the Tree
Committee.
Committee Member Loosley mentioned he was surprised by some of the findings and inaccuracies
of the arborist report, but also noted that if you look at the trees as structures the information
provided by both arborist is not that far off; topped eucalyptus can be hazardous, and while the
trees are very old they are not unique specimens. But in terms of the historical landscape, the trees
are very significant. In particular, the planting location of the Norfolk Island Pines and the Canary
Island Date is very traditional and is seen with old historic homes. Committee member Loosley
also commented that he did not agree that trees should be removed to move the house, but a project
should be designed around the existing large trees. Committee Member Loosely also opined that
the project would have a significant impact on aesthetics, and bird and bat habitat and that stating
that the project would have a less than significant impact is a misrepresentation.
Chair Ritter commented that the Rincon report contained many errors and inaccuracies including
species identification and tree heights. Chair Ritter noted that he measured the Norfolk Island Pine
at 95 feet tall and conducted a survey of other Norfolk pines in the City and made the observation
that the subject site has the second tallest specimen in the City. Committee Member Ritter
commented that the committee needs more time to evaluate the trees on the site since the report
does not provides sufficient or correct information.
Committee Member Soll questioned whether the tree removals were mitigatable. Chair Ritter
responded that he did not have an answer to that question.
Committee Members Bate and Parker concurred with the comments made by Committee Member
Loosley and Chair Ritter.
Chair Ritter commented that the Rincon report states that the City’s Ordinance does not provide
mitigation requirements for trees that are removed. Chair Ritter read an excerpt from the Tree
Minutes – Tree Committee Meeting December 12, 2016 Page 8
Ordinance that mentions that a property owner be required to plant a new tree unless the tree
replacement is waived by the tree committee.
City Arborist Combs mentioned that the City Council, ARC and Tree Committee can require
mitigation.
Chair Ritter suggested the Architectural Review Commission devalue the Rincon report due to the
gross inaccuracies of information; stated the challenge in forming a valuable recommendation in
the absence of an accurate and thorough tree assessment.
City Arborist Combs urged the Committee and staff to consider mitigation a key factor in
addressing the concerns of the public as well as a responsible effort to preserve the City’s urban
forest.
In response to Committee inquiry, Associate Planner Cohen clarified that the final decision, as it
pertains to the trees on the property, will be made by the Architectural Review Commission (ARC)
after consideration of the Tree Committee’s comments and feedback.
Committee Members summarized their comments as follows: inaccuracies and inconsistencies
found in the consultant arborist report; expressed a need for more time to review the information
provided in the initial study, specifically relating to the errors in citing species and height of trees;
suggested a review of the site’s historical and cultural landscape versus a review of individual trees
and a more in-depth biological report.
ADJOURNMENT
The meeting was adjourned at 8:35 p.m. The next Regular meeting of the Tree Committee is
scheduled for Monday, January 23, 2016, at 5:00 p.m., in Conference Room A of the Corporation
Yard, located at 25 Prado Road, San Luis Obispo, California.
APPROVED BY THE TREE COMMITTEE: 01/23/2017