HomeMy WebLinkAboutR-10856 Uphold the Appeal to the Tree Committee Decision to deny tree removal 435 Marsh St APPL-1250-2017RESOLUTION NO. 10856 (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, UPHOLDING AN APPEAL TO THE TREE
COMMITTEE DECISION TO DENY A TREE REMOVAL REQUEST AS
REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND
ATTACHMENTS DATED JANUARY 9, 2018 (435 MARSH STREET APPL-
1250-2017)
WHEREAS, on September 11, 2017, the Architectural Review Commission of the City of
San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm
Street, San Luis Obispo, California, approving the design of a new four story mixed-use project
located at 435 Marsh Street (ARCH -0652-2017), Renton Partners, LLC, applicant; and
WHEREAS, on October 23, 2017, the Tree Committee of the City of San Luis Obispo
conducted a public hearing, denying the request to remove one ficus tree located in the public
right-of-way at 435 Marsh Street associated with the development project, Renton Partners, LLC,
applicant; and
WHEREAS, On January 9, 2018, the City Council of the City of San Luis Obispo
conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis
Obispo, California, pursuant to a proceeding instituted under the appeal of the Tree Committee's
decision (APPL-1250-2017), Renton Partners, LLC, applicant/appellant; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing, and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The tree has caused damage to the sidewalk and curb adjacent to the property due to the
invasive nature of ficus tree root systems, which may lead to continued buckling sidewalks
and curbs as well as damages to underground utilities and drains.
2. As conditioned, the removal of the subject tree will promote good arboricultural practice
by removing a single non-native species, and replacing with six trees to the approval of the
City Arborist, which provides additional diversity of species in the neighborhood to defend
against disease and segment the life -spans of the existing canopy.
R 10856
Resolution No. 10856 (2018 Series)
Page 2
3. As conditioned, removing the tree will not harm the character or environment of the
surrounding neighborhood because the replanting plan includes six tree species of
sufficient size and spread contributing to provide a more substantial urban forest to the
approval of the City Arborist. Consistent with the Circulation Element to create the desired
streetscape canopy, shade, and buffering from adjacent uses improving the appearance
along the corridor (CE 9.2.6).
SECTION 2. Environmental Review. The project is categorically exempt under Class
32, In -Fill Development Projects; Section 15332 of the State California Environmental Quality
Act (CEQA) Guidelines, because the project is consistent with General Plan policies for the land
use designation and is consistent with the applicable zoning designation and regulations. The
project site occurs on a property of no more than five acres substantially surrounded by urban uses
that has no value as habitat for endangered, rare or threatened species as the site is located on a
developed property and is served by required utilities and public services. The project has been
reviewed by the City Public Works Department, Transportation Division, and no significant traffic
impacts were identified, based on the size and location of the project.
SECTION 3. Action. The City Council does hereby uphold the appeal of the Tree
Committee's decision, thereby granting final approval of the project including the removal of the
ficus tree located in the public right-of-way at 435 Marsh Street, subject to the following
conditions:
I. The building plan submittal shall include six new 36 -inch box or larger street trees with
tree wells, grates and guards to the approval of the City Arborist and in accordance with
City Engineering Standards. Tree species and sizes and all associated planting
requirements shall be per City Engineering Standards, and shall incorporate the use of
structural soils, subject to the approval of the City Arborist and Community Development
Director, as appropriate.
WKW-Wei-
Resolution No. 10856 (2018 Series)
Page 3
2. The Owner/Applicant shall defend, indemnify and hold harmless the City or its agents or
officers and employees from any claim, action or proceeding against the City or its agents,
officers or employees, to attack, set aside, void, or annul, in whole or in part, the City's
approval of this project. In the event that the City fails to promptly notify the Owner/
Applicant of any such claim, action or proceeding, or that the City fails to cooperate fully
in the defense of said claim, this condition shall thereafter be of no further force or effect.
Upon motion of Vice Mayor Christianson, seconded by Council Member Pease, and on the
following roll call vote:
AYES: Council Members Gomez, Rivoire and Pease,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 91h day of January 2018.
ATTEST:
Carrie Gallagher
City Clerk
AS TO
J/. Chfistine Dietrick
city Attorney
Mayor eidi H on i /—U
IN WITNESS WHEREOF, I have hereunto set my band and affixed the official seal of the City
of San Luis Obispo, California, this 2:7rA day of ao .
Carrie Gallagher If
City Clerk
R 10856