Appeals of the Public Tree Advisory Commission Actions to Deny the Removal of Street Trees Located at 6227 Westmoreland Place, 6226 Westmoreland Place, 6163 Braeburn Drive, and 6597 Camino Venturoso

1 CPMS
Agenda Item C.1

PUBLIC HEARING
Meeting Date: April 4, 2023
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: George Thomson, Parks and Open Space Manager
Greg Ainsworth, Contract City Arborist
SUBJECT: Appeals of the Public Tree Advisory Commission Actions to Deny the Removal of Street Trees Located at 6227 Westmoreland Pl ace, 6226 Westmoreland Place, 6163 Braeburn Drive, and 6597 Camino Venturoso RECOMMENDATION:

Concur with the Public Tree Advisory Commission’s actions and d eny the street tree removal requests at the following locations:

1. Lemon bottlebrush tree (Callistemon citrinus) at 6227 Westmoreland Place

2. Lemon bottlebrush tree (Callistemon citrinus) at 6226 Westmoreland Place

3. Lemon bottlebrush tree (Callistemon citrinus) at 6163 Braeburn Drive

4. Paperbark tree (Melaleuca quinquenervia) at 6597 Camino Venturoso BACKGROUND:

The City of Goleta’s Urban Forest Management Plan’s vision statement encourages Goleta’s urban forest to have a thriving and sustainable mix of tree species and ages that creates a contiguous and healthy ecosystem that is valued and cared for by the City and all of its citizens as an essential environmental, economic, and community benefit. In order to have a thriving and sustainable mix of trees, a systematic process of assessing tree health and addressing tree removals to encourage tree preservation is ne cessary.

Per the Goleta City Council’s direction, unless dead, dying or deemed hazardous, no healthy trees will be removed from public right of ways and all efforts will be made to retain healthy trees whenever possible. However, there are instances where tree removal is necessary to maintain the health and safety of the public and surrounding areas.

The City periodically receives requests to remove street trees adjacent to developed residential property for various reasons. Upon receipt of such request, staff reviews stated reasons and inspects the site to determine the health of the tree and potential public safety issues . Staff may also direct the contract City Arborist to inspect the tree’s condition. The contract City Arborist’s inspection generally co nsists of a ground -level

2 visual assessment of the overall health of the tree (canopy, trunk, and roots), while inspecting any conditions of concerns presented by the applicant in the submitted Tree Removal Request Application form , such as, but not limited to, potentially imminent hazards (e.g., broken limb, abnormal lean, trunk cracks , root/soil bulging ), sidewalk damage, and conflicts with overhead utilities. The contract City Arborist’s inspection generally follows the Council of Tree and Landscape Appra isers current Guide for Plant Appraisal for assessing plant conditions, health, structure, and form. After completing the assessment, the contract City Arborist provides a tree assessment report to staff that provides information on the tree(s) species, ph ysical structure (e.g., trunk diameter, height, and canopy spread), noticeable defects to its trunk, canopy, and roots, assessment of potential imminent hazards, sidewalk/infrastructure damage, and utility conflicts. A tree hazard rating is assigned to the tree (none, possible, probable, or imminent) with recommendations for treating any potential defects or tree -inflicted damage and a determination for staff’s consideration on whether the tree shou ld be retained or removed.

In accordance with Goleta Municipal Code § 12.02.620 Permits to Cut Down or Remove, special written permits (i.e., Street Tree Removal Permit) may be issued by the City to remove or cut down trees within the road right-of-way or on public property, in appropriate cases, including, but not limited to, dead, dying or diseased trees and trees that are, or are likely to become, hazards to vehicular or pedestrian travel on public roads. Such permits may contain reasonable conditions, including but not limited to, provisions for replacement of such removed or cut down trees, with other trees, initial maintenance of such replacement trees, protection of the traveling public and the road improvements, reasonable time limits, and a fee to be paid to the City to cover the cost of any necessary inspections.

The City’s Urban Forest Management Plan, in Section 4.12.4, provides similar guidance on when to remove a tree:

Recognize that tree removal may be necessary at City Staff’s discretion for the protection, public health and safety of citizens in considering the following conditions of the tree:
a. Dead, dying, or hazardous
b. Imminent sidewalk and other hardscape damages from roots c. Imminent hazards such as being situated under a power line

The City received four separate requests to remove trees within the public right of way for various concerns. Based on the review and findings of the contract City Arborist, staff confirmed all four trees requested to be removed are in good health and informed the residents they could not be removed. Staff also informed the residents of the City’s appeal process with the Public Tree Advisory Commission (PTAC). Pursuant to the PTAC’s authority, these items are brought forth for the Commission’s review and recommendation to staff.

The Goleta Municipal Code § 2.11.070, Appeal to Public Tree Advisory Commission states, “A decision made by City staff related to the planting and removal of trees may be appealed to the Public Tree Advisory Commission. However, any decision made by City staff for the protection of the public health and safety of the citizens shall not be subj ect 3 to appeal. A letter stating the reasons for the appeal, along with the appropriate fee, must be filed with the Public Works Department within the 10 days following the staff decision.

If the 10th day falls on a day that the Public Works Department offi ces are closed, the appeal period is extended until 5:00 p.m. on the following business day.”

The Goleta Municipal Code § 2.11.080, Appeal to City Council states, “Any persons may appeal a final decision by the Public Tree Advisory Commission to the City Council within 10 days of the decision becoming final. If a decision is not appealed to the City Council within that period, the decision cannot be appealed. The Public Works Department will notify the Public Tree Advisory Commission as to the scheduled d ate of the appeal hearing. The Public Tree Advisory Commission will designate a member to attend an appeal hearing.”

Description Of Tree Removal Request Appeals:

In 2021, the City received four (4) Street Tree Removal Request Appeals to remove trees within the public right of way for various concerns. The contract City Arborist, Greg Ainsworth (Rincon Consultants), reviewed each appeal and assessed the subject trees and surrounding conditions to provide recommendations to the City’s PTAC. Four (4) City right of way trees are being appealed here to City Council : 6227 Westmoreland Place (Attachment 2 ), 6226 Westmoreland Place (Attachment 3 ), 6163 Braeburn Drive (Attachment 4), and 6597 Camino Venturoso (Attachment 5). The City has performed due diligence both by staff inspection and by the contract City Arborist and the tree s were found to be healthy. These trees are on the City’s maintenance cycle (generally every three years) and were last trimmed in 2020. The next ma intenance of these trees is scheduled for July 2024.

The Public Tree Advisory Commission convened on May 18, 2022, to review each appeal.

The Commission reviewed each individual appeal and discussed the recommendation with the consulting arborist. The Commission denied each appeal. Staff is now before you with a report on the four appeals received for discussion and direction. Below is the detail information for each appeal:

1. Lemon bottlebrush (Callistemon citrinus) at 6227 Westmoreland Place

Appeal Filed: July 27, 2021

Reason: Bottlebrush attracts bees during blooming period and homeowner is allergic to bees.

Arborist’s O bservations: Bottlebrush tree is in good health. Approximately 8 -inch Diameter at Breast Height ( DBH) and is approximately 15 fe et in height. No apparent deformities and good physical structure. Tree is not causing impacts to surrounding hardscape.

2. Lemon bottlebrush (Callistemon citrinus) at 6226 Westmoreland Place

Appeal Filed: August 9, 2021

Reason: Two bottlebrush trees are dirty (e.g., drop debris on parked cars), harbor aggressive bees (mother of resident is allergic to bees), are an eyesore, and may have roots that could potentially damage water main to house (no root damage reported), and are preventing improvements to landscaping.

Arborist’s Observations: Bottlebrush trees are in good health. Approximately 8-inch DBH and approximately 12 -15 feet in height. No apparent d eformities and good physical structure. Trees are not causing impacts to the surrounding hardscape.

3. Lemon bottlebrush (Callistemon citrinus) at 6163 Braeburn Drive

Appeal Filed: August 3, 2021

Reason: Remove two bottlebrush trees because they are attracting bees and requester has a fear of bee stings; trees are messy.

Arborist’s Observations: Bottlebrush trees are in good health. Approximately 8 and 9-inch DBH and approximately 15 feet in height. No apparent deformities and good physical structure. Trees are not causing impacts to the surrounding hardscape.

Unless agitated, bees are generally not a threat.

4. Paperbark tree (Melaleuca quinquenervia) at 6597 Camino Venturoso

Appeal Filed: August 3, 2021

5 Reason: Request to remove tree because the tree has a history of damaging sewer line and water meter, and the tree is lifting the adjacent sidewalk and street.

Arborist’s Observations: The paperbark tree has an approximate 19-inch DBH and is 50 feet tall, with a 35 -foot canopy spread. The tree is in good health and has good symmetrical form. The root flare is encroaching the adjacent curb and sidewalk and it appears that the adjacent sidewalk panels have been replaced. The tree roots are pushing the curb outward by approximately 1.5 inches. Bulging of the asphalt in the adjacent street is visible and is cracking where building is present.

Staff Recommendation: Tree should be retained, and this appeal denied. The tree is an important part of the urban forest and does not meet the City’s criteria for consideration of removal. The tree is not likely to become a hazard to vehicular or pedestrian travel on the road or sidewalk. The sidewalk and curb/gutter should be grinded where lifting by the tree’s roots is one inch or greater to eliminate potential tripping hazards. The tree should be pruned to provide a minimum of 5 feet of clearance from power lines. Sewer line damage from the tree’s roots may have occurred due to a leak in the line that has since been repaired by the homeowner. Repairing l eaks in sewer lateral lines and other pipelines, which naturally attracts roots of nearby vegetation, are the responsibility of the private proeprty owner to fix. The City’s Arborist has assessed the tree and has determined that the tree is not causing damage to adjacent private property, the private property owner must provide further credible evidence of damage. For example, on a sewer lateral line, the owner must provide photographic evidence of roots damaging the sewer line or a plumber’s investigation report that demonstrates that the tree’s roots are causing damage. No such evidence was provided in this case. If credible evidence of damage is provided, then the City would determine whether other less drastic alternatives, including but not limited to selectively pruning certain roots and installing a root barrier wo uld help prevent intrusion into sewer lateral lines, which typically only occurs when the lines are leaking. Only after these alternatives have failed would the City consider removal of the tree.

PTAC Determination

The PTAC a pproved staff’s recommendation to deny the four (4) Street Tree Removal Request Appeals listed below:

1. Lemon bottlebrush tree (Callistemon citrinus) at 6227 Westmoreland Place

2. Lemon bottlebrush tree (Callistemon citrinus) at 6226 Westmoreland Place

3. Lemon bottlebrush tree (Callistemon citrinus) at 6163 Braeburn Drive

4. Paperbark tree (Melaleuca quinquenervia) at 6597 Camino Venturoso

ALTERNATIVE:

The City Council may override PTAC’s approval of staff’s recommendation to deny the four appeals and recommend that permission be granted to have the City remove the tree(s) and replant with a tree offered in the City’s approved street tree list. Work would be performed by the City’s Street Tree Contractor for quality control, assurance, and price with all costs borne by the City.

6 Reviewed By: Legal Review By: Approved By:

___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager

ATTACHMENTS:

1. PTAC Staff Report

2. Bonnie Daulke – 6227 Westmorland Place

3. Joel Patrick – 6226 Westmoreland Place

4. Jose Martinez – 6163 Braeburn Drive

5. Nancy Gehr – 6597 Camino Venturoso

6. Goleta Municipal Code related to PTAC Appeals

7. Staff Presentation for Tree Removal Requests
ATTACHMENT 1

PTAC Staff Report
1 Agenda Item B.3

CPMS DISCUSSION/ACTION ITEM
Meeting Date: May 18, 2022

TO: Public Tree Advisory Commission

FROM: George Thomson, Parks and Open Space Manager

SUBJECT: Nine Street Tree Removal Request Appeals

RECOMMENDATION:

A. Approve staff’s recommendation to deny the nine (9) Street Tree Removal Request Appeals listed below:

1. Paperbark tree (Melaleuca quinquenervia) at 6513 Camino Venturoso

2. Lemon bottlebrush (Callistemon citrinus) at 6227 Westmorland Pl

3. Queen palm (Syagrus romanzoffiana) at 7656 Dartmoor Ave

4. Lemon bottlebrush (Callistemon citrinus) at 6226 Westmorland Pl

5. Lemon bottlebrush (Callistemon citrinus) at 6163 Braeburn Dr

6. Sweetgum (Liquidambar styraciflua) at 428 Valdez Ave

7. Shamel ash (Fraxinus uhdei) at 7195 Tuolumne Dr

8. Sweetgum (Liquidambar styraciflua) at 442 Valdez Ave

9. Paperbark tree (Melaleuca quinquenervia) at 6597 Camino Venturoso

B. Designate a member of the Public Tree Advisory Commission to attend a City Council appeal hearing, if necessary.

BACKGROUND:

The Public Works Department occasionally receives requests to remove street trees located within the public right of way . The decision to remove a tree on City property is purely at the discretion of the City. No adjacent property owner has a right to remove or prevent the City from removing a tree. However, the City has come up with public policy, memorialized in the Urban For est Management Plan, on when to remove a tree in the City right of way, whether it comes at the request of a property owner or initiation of City staff.

Upon receipt of a public tree removal request , staff review s the stated reasons and inspects the site to determine if there are any imminent threats to public health and safety.

If the tree presents imminent threats to public safety, the tree is pruned or removed as soon as possible. In cases where there is not a clear, imminent threat to public health and safety, the City’s consulting arborist completes a health assessment of the tree and 1 2

ascertains whether any potential public threat is posed by the tree and how such threat can be addressed, including trimming, pest control, other tree care methods, and removal.

After both these steps are taken, Public Works staff communicates with the tree removal applicant whether the tree will be removed. Applicants then have the option to appeal the staff decision to the Public Tree Advisory Commission (PTAC) and the PTAC’s decision can be appealed to the City Council. (Goleta Municipal Code sections 2.11.070,

2.11.080.)
In 2021, nine residents appealed the decision of Public Works staff to not remove trees in the public right of way outside of their home. These appeals are now before the PTAC.

DISCUSSION:

According to the Urban Forest Management Plan Guideline 4.12.4 when considering tree risk management and removal, which provides for removal based on the following factors:
(1) if the tree is dead, dying, or hazardous;
(2) if there is an i mminent threat to sidewalk and other hardscape damages from roots; and
(3) if there are other imminent threats to public safety that could not be addressed by pruning, pest control, or other tree care methods rather than full removal.

The City’s Public Works staff and consulting Arborist, Greg Ainsworth of Rincon Consultants, reviewed each appeal and assessed the subject trees and surrounding conditions to provide recommendations to the PTAC (Attachments 1 -9 and provided below). Based on staff and the City’s consulting Arborist’s review, all trees requested to be removed do not meet the Urban Forest Management Plan criteria to remove a tree.

All the subject trees were healthy and do not pose an imminent threat to public health and safety. Many of the requests were based upon adjacent property owner’s allergies to the tree or adversity to trees that drop flowers, fruit, pods, or leaves. The City’s process does not allow for consideration of these factors in the removal of street trees.

TREE REMOVAL REQUEST APPEALS:

Address: 6513 Camino Venturoso
Appeal Filed: August 6, 2021
Tree Species: Paperbark tree (Melaleuca quinquenervia)
Reason: Tree roots are breaking into the sewer line and have broken the water meter.

Appeal Summary: Concern that tree roots will damage water meter and sewer line again in the future. Tree poses safety concern because it is lifting adjacent sidewalk.

Observations Summary: The two paperbark trees identified on this property are approximately 15 inches in diameter at breast height (DBH), 30 feet tall, with a canopy spread of 30 feet. The trees are in good health and have good form (balanced with no overextended limbs). The t ree on the south side of the driveway (left side facing the house) is causing an approximate 1 inch or less of sidewalk lift, and the tree on the north side of the driveway (right side facing the house) is causing an approximate 0.5 inch or less sidewalk lift. Water meter and sewer line damage from tree roots is not visible and no roots are visible extending onto the property. Both trees have roots that are bulging over the concrete sidewalks but do not appear to be causing extensive upheaval or cracking be yond the lifting indicated above.
2 3

Staff Recommendation: The two paperbark trees identified on this property do not pose an imminent threat to public health and safety. To reduce potential tripping hazard from one inch sidewalk lift, the lifted sidewalk panel can be ground down to the point that it is level with the adjacent panel. Damage to the water meter and sewer line could not be verified; therefore, burden is on property owner to provide additional information, such as photographic evidence or a plumber’s investigation report, that clearly demonstrates that the trees caused or are causing ongoing damage to the sewer line and/or water meter and no other feasible options beside removal exist. If such evidence were presented by the property owner, s elective root pruning and installing a root barrier would be recommended as potential remedies before removal.

Based on the information provided, the two trees should be retained, and the appeal denied.

Address: 6227 Westmorland Place
Appeal Filed: July 27, 2021
Tree Species: Bottlebrush (Callistemon sp.)
Reason: Bottlebrush attracts bees during blooming period and homeowner is allergic to bees.

Appeal Summary: Homeowner is extremely allergic to bees and bee stings and has been hospitalized in the past for anaphylactic shock after being stung; allergic reaction from pollen during spring and summer. Alleges that City has acknowledged that bottlebrush trees are undesirable and are not among trees recommended for planting due to bee hazard.

Observations Summary: Bottlebrush tree is in good health. Approximately 8 -inch DBH and is approximately 15 feet in height. No apparent deformities and have good physical structure. Not causing impacts to surrounding hardscape.

Staff Recommendation: The tree is an important p art of the urban forest and does not meet the City’s criteria for consideration of removal. The tree is not likely to become a hazard to vehicular or pedestrian travel on the road or sidewalk. There are numerous bottlebrush trees that exist along the sidew alk on both sides of Westmorland Place.

Based on historic aerial imagery, it appears the trees have been present since at least the mid -1990’s. The trees attract bees that are beneficial pollinators. Unless agitated, bees are generally not a threat.

Tree should be retained, and this appeal denied.

Address: 7656 Dartmoor Ave
Appeal Filed: August 4, 2021
Tree Species: Queen palm (Syagrus romanzoffnia)
Reason:

Appeal Summary: Request to remove four Queen palms because the trees are cracking sidewalk and curb, are not on the City’s preferred tree list, require removal of dead husks that could fall on pedestrians and cars, termite infestation, and ongoing expense to trim the tree s, or requests that the City adjust trimming schedule (to be more frequent) to maintain safety from falling husks
Observations Summary: The four queen palms identified on this property are approximately 12 inches in DBH, 15 to 25 feet tall, with canopy spreads of 10 feet. The trees are in fair to good health with good structure and form. The trees are similar in appearance and health to ot her queen palms in the neighborhood. The tallest tree at the intersection of Deerhurst and Dartmoor has climbing spike damage along the trunk. The trees are not showing signs of decay due from climbing spike damage. The tree just north of the driveway has termite damage at the base of the trunk extending approximately 2 inches deep and 12 inches high as well as climbing spike damage along the trunk.

The tree appears to be in good health but could become structurally compromised as it grows taller. The tree south of the driveway is in good health and does not have any trunk or root damage. The palm tree furthest south of the property is in fair health and displays mild chlorosis and patches of fungus on the leaves. Some cracks are visible on the sidewalk and curb adjacent to the trees, but no uplifting was observed.

Staff Recommendation: The trees are an important part of the urban forest and do not meet the City’s criteria for consideration of removal. The trees are not likely to become a hazard to vehicular or pedestrian travel on the road or sidewalk. There is a substantial amount of termite damage at the base of the queen palm immediately north of the driveway. These queen palms do not present an imminent danger but could become unstable as they grow taller. One of the trees, furthest south from the property should be pruned annually to remove older fronds that are drooping or have fungus present, to prevent spread of disease and injury to the tree from breakage. All the queen palm trees should receive periodic watering, especially during excessive periods of drought. Because there is limited 3 4

soil space, the palm trees may need to be fertilized. Fertilizer applications should occur in mid -spring to summer using a granular palm fertilizer that is adequately watered immediately following application.

Address: 6226 Westmoreland Place
Appeal Filed: August 9, 2021
Tree Species: Lemon bottlebrush (Callistemon citrinus)
Reason:

Appeal Summary: Remove two bottlebrush trees that are dirty (e.g., drop debris on parked cars), harbor aggressive bees (mother of resident is allergic to bees), are an eyesore, suspects that the roots could damage water main to house, and are preventing improvements to landscaping.

Observations Summary: Bottlebrush trees are in good health. Approximately 8 -inch DBH and approximately 12 - 15 feet in height. No apparent deformities and have good physical structure. Not causing im pacts to surrounding hardscape.

Staff Recommendation: The tree is an important part of the urban forest and does not meet the City’s criteria for consideration of removal. The tree is not likely to become a hazard to vehicular or pedestrian travel on the road or sidewalk. There are numerous bottlebrush trees that exist along the sidewalk on both sides of Westmorland Place.

Tree should be retained, and this appeal denied.

Address: 6163 Braeburn Drive
Appeal Filed: August 3, 2021
Tree Species: Lemon bottlebrush (Callistemon citrinus)
Reason:

Appeal Summary: Remove two bottlebrush trees because they are attracting bees and requester has a fear of bee stings; trees are messy.

Staff Recommendation: The tree is an important part of the urban forest and does not meet the City’s criteria for consideration of removal. The tree is not likely to become a hazard to vehicular or pedestrian travel on the road or sidewalk. There are numerous bottlebrush trees that exist along the sidewalk on Braeburn Drive. Based on historic aerial imagery, it appears the trees have been present since at least the mid-1990’s. The trees attract bees that are beneficial pollinators. Unless agitated, bees are generally not a threat.

Tree should be retained, and this appeal denied.

Address: 428 Valdez Avenue
Appeal Filed: August 9, 2021
Tree Species: Sweetgum (Liquidambar styraciflua)
Reason:

Appeal Summary: Requesting removal of mature sweetgum tree because of history of branch failure, growing into powerlines causing sparks, concern over seed pods on sidewalk causing tripping hazard, and potential damage of pipes in front yard from roots.

Observations Summary: The sweetgum tree has an approximate 18 inches DBH and is approximately 60 feet tall with an approximate 30 -foot canopy spread. The tree is in good health and has good form (symmetrical) but has overextended limbs hanging downward that are likely weighing down larger branches. There are codominant stems, but no apparent sign of decay or disease. The tree’s canopy is growing through utility lines, none of which appear to be entangled or rubbing heavily on the lines; however, the lines are in contact with some branches. Utilities are required to maintain their own lines. Appellant can contact utility to request trimming. One two-inch broken limb is 4 5

hanging in the canopy that will likely fall and could strike vehicles or pedestrians. The tree’s roots are lifting the sidewalk and gutter by no more than one inch. The tree’s fruit were observed to be scattered throughout the yard and driveway. The tree has similar issues to adjacent sweetgum trees in the immediate vicinity, with utility lines running through the canopy, abundant fruit drop, and minor sidewalk cracking and lifting.

Staff Recommendation: The tree is an important part of the urban forest and does not meet the City’s criteria for consideration of removal. The tree is not likely to become a hazard to vehicular or pedestrian travel on the road or sidewalk. Maintenance pruning should be conducted that includes r eduction cuts of overextended limbs to reduce end weight on branches and to minimize the likelihood of branch failure. The tree should be pruned around the utility line to provide no less than 5-feet of line clearance. No more than 20 percent of the tree’s canopy should be pruned in one growing season. Sidewalk lift that is one inch or greater should be ground down to eliminate risk of tripping.

Tree should be retained and pruned in accordance with ANSI A300 pruning standards.

Address: 7195 Tuolumne
Appeal Filed: August 3, 2021
Tree Species: Shamel ash (Fraxinus uhdei)
Reason:

Appeal Summary: Request to remove tree because roots are damaging the cement foundation of the house. The roots are protruding through the foundation and are so large that they can be felt while walking. Tree is damaging driveway, sewer, garage, and foundation of home.

Observations Summary: The Shamel ash tree has a 30-inch DBH and is approximately 50 feet tall, with a canopy spread of 40 feet. The tree is in good health with a balanced form. The root crown is bulging over the parkway; however, no surface roots are visible beyond the sidewalk. The tree roots are causing and approximate 2-inch lift of the curb at the driveway and near the trunk. Previous sidewalk grinding was observed. The tree is in a similar condition to other Shamel ash trees in the neighborhood. Tree damage to the property’s cement foundation was not visible as it is allegedly within the home.

Staff Recommendation: The tree is an important part of the urban forest and does not meet the City’s criteria for consideration of removal. The tree is not likely to become a hazard to vehicular or pedestrian travel on the road or sidewalk. The burden is on the property owner to provide evidence of root damage to driveway, sewer, garage, and foundation of home. If roots are determined to be present underneath the house’s foundation, the roots should be pruned, and a root barrier installed to prevent roots from growing in that direction. Selective root pruning and installing a root barrier would be the recommended remedies against intrusion of leaking lateral lines and foundation , if evidence of such damage was presented. Roots that are severed at a distance of three to five times the diameter of the trunk (approximately 7 to 12 feet for this tree) from the trunk can affect the stability of the tree. However, the closest portion of the house is greater than 12 feet from the trunk; therefore, root pruning and installing a root barrier is not anticipated to cause the tree to become structurally unstable. The lifted sidewalk adjacent to the tree may be ground down to the point that it is level with the adjacent panels.

Address: 442 Valdez Avenue
Appeal Filed: August 6, 2021
Tree Species: Sweetgum (Liquidambar styraciflua)
Reason:

Appeal Summary: Request to remove tree because the roots had broken the water line of the home about one year ago and are lifting the adjacent sidewalk, curb/gutter, and driveway Observations Summary: The sweetgum tree has an approximate 18 inches DBH and is 50 feet tall, with a 35-foot canopy spread. The tree is in good health and has good form (symmetrical) with some overextended limbs. Utility lines are running through the canopy and do not appear to be entangled or rubbing heavily on the tree; however, the lines are in contact with some branches. Encircling roots are visible at root flare but do not appear to be girdling the trunk, and the tree has grown to maturity without being comprised by these roots. The tree roots are causing sidewalk and curb/gutter lifting of approximately 1 to 2 inches. Previous sidewalk grinding is evident. Surface roots are visible in the front yard across the sidewalk, indicating that the roots do extend onto the prope rty, however damage to underground utilities is not visible. The tree has similar issues to adjacent sweetgum trees in the immediate vicinity, with utility lines running through the canopy, abundant fruit drop, and sidewalk cracking and lifting. 5 6

Staff Recommendation: The tree is an important part of the urban forest and does not meet the City’s criteria for consideration of removal. The sidewalk and curb/gutter should be grinded where lifting by the tree’s roots is one inch or greater to eliminate potential tripping hazards. Utilities should prune the tree to provide a minimum of 5 feet of clearance from power lines. Water line damage from the tree’s roots is not visible. The burden is on the property owner to provide evidence of damage to water line , such as photographic evidence of roots damaging the sewer line, or a plumber’s investigation report. Selective root pruning and installing a root barrier would be the recommended as potential remedies against leaking lateral lines, if such evidence were presented.

Address: 6597 Camino Venturoso
Appeal Filed: August 3, 2021
Tree Species: Paperbark tree (Melaleuca quinquenervia)
Reason:

Appeal Summary: Request to remove tree because the tree has a history of damaging sewer line and water meter, and tree is lifting the adjacent sidewalk and street.

Observations Summary: The paperbark tree has an approximate 19 -inch DBH and is 50 feet tall, with a 35 -foot canopy spread. The tree is in good health and has good form (symmetrical). The root flare is encroaching the adjacent curb and sidewalk and it appears that the adjacent sidewalk panels have been replaced. The tree roots are pushing the curb outward by approximately 1.5 inches. Bulging of the asphalt in the adjacent street is visible and is cracking where building is present.

Staff Recommendation: The tree is an important part of the urban forest and does not meet the City’s criteria for consideration of removal. The tree is not likely to become a hazard to vehicular or pedestrian travel on the road or sidewalk. The sidewalk and curb/gutter should be grinded where lifting b y the tree’s roots is one inch or greater to eliminate potential tripping hazards. Utilities should prune the treeto provide a minimum of 5 feet of clearance from power lines. Water line damage from the tree’s roots is not visible. The burden is on the property owner to provide evidence of damage to sewer line and water, d, such as photographic evidence of roots damaging the sewer line, or a plumber’s investigation report . Selective root pruning and installing a root barrier would be the recommended as potential remedies against leaking lateral lines, if such evidence were presented.

ALTERNATIVE:

The Commission may override staff’s recommendation to deny any or all of the nine appeals.

Reviewed By: Legal Review By:

__________________ _______________
Charles W. Ebeling Winnie Cai
Public Works Director Assistant City Attorney

ATTACHMENTS:

Appeals

1. Aggie T. Arias – 6513 Camino Venturoso

2. Bonnie Daulke – 6227 Westmorland Pl

3. Jeanne and Eric White – 7656 Dartmoor Ave

4. Joel Patrick – 6226 Westmorland Pl

5. Jose Martinez – 6163 Braeburn Dr

6. Katherine Legros – 428 Valdez Ave

7. Shirley Luna – 7195 Tuolumne Dr
6 7

8. Sol Linver – 442 Valdez Ave

9. Nancy Gerh – 6597 Camino Venturoso

10. Goleta Municipal Code related to PTAC Appeals

11. PowerPoint Presentation
7 ATTACHMENT 2

Bonnie Daulke - 6227 Westmorland Place
 Arborist Assessment and Staff Recommendation Summary
 Appeal Letter
 Photograph(s)
 Tree Removal Request Form
Rincon Consultants, Inc.

E nvironmental Scientists Planners Engineers

MEMORANDUM
■ Santa Barbara
209 East Victoria Street
Santa Barbara, California 93101
(805) 319 4092
[email protected] www.rinconconsultants.com
Date: December 27, 2021
To: Public Tree Advisory Commission
Project: Tree Removal Requests
From: Greg Arborist, Rincon Consultants, Inc.

E-mail: [email protected]
cc: George Thomson, Parks and Open Space Manager
Re: Lemon bottlebrush (Callistemon citrinus) at 6227 Westmoreland Place A
ddress: 6227 Westmorland Place
Appeal Filed: January, 2023
Tree Species: Bottlebrush (Callistemon sp.)
Reason: Bottlebrush attracts bees during blooming period and homeowner is allergic to bees.

Appeal Summary: Homeowner is extremely allergic to bees and bee stings and has been hospitalized in the past for anaphylactic shock after being stung; allergic reaction from pollen during spring and summer. Alleges that city has acknowledged that bottlebrush trees are undesirable and are not among trees recommended for planting dure to bee hazard.

O
bservations Summary : Bottlebrush tree is in good health. Approximately 8 -inch DBH and is approximately 15 feet in height. No apparent deformities and have good physical structure. Not causing impacts to surrounding hardscape.

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travel on the road or sidewalk. There are numerous bottlebrush trees that exist along the sidewalk on both sides of Westmorland Place. Based on historic aerial imagery, it appears the trees have been present since at least the mid-1990’s. The trees attract bees that are beneficial pollinators. Unless agitated, bees are generally not a threat.

Tree should be retained, and this appeal denied.
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Tr
ee Removal Request
Public Works Department
130 Cremona Dr. Ste B, Goleta, CA 93117
Phone: (805) 961-7500|
Email: [email protected] ____________________________________________________ Pl
ease submit the completed Tree Removal Request form for removal of tree(s) located in the public-right-of way.

Dat
e Request Submitted: ___________________
Requestor’s Information
______________________________ ________________________________ Last Name First Name
______
__________________________________
Mailing Address
______
______________ ______________ _____________________
City State Zip Code
______
_____________________ ____________________________________ _ Telephone Email Address
Tr
ee Information
______________ ________________________________________________ Number of Trees Address/Location of Tree(s)
______
_______________________
Species of Tree(s), if known
Tree Loc
ation Documentation: Please attach a satellite overhead map or street view map (Google Map or other comparable map), or you may provide a clear photo in lieu of a map image. The map image/photo must clearly and explicitly indicate which tree(s) you are requesting for removal.

Page 2 of 3 ends

I. Tree Removal:

Under the Goleta Urban Forest Management Plan guidelines, no healthy trees shall be removed from public right of ways and all efforts will be made to retain healthy trees whenever possible. Public trees shall only be removed for the protection, public health and safety of citizens. At the discretion of City staff, removal of a public tree shall be considered if the following has occurred:
a. Tree is dead, dying or hazardous
b. Tree is imminent sidewalk and other hardscape damages from roots c. Tree is causing imminent hazards such as being situated under a power line (Urban Forest Management Plan Section 4.12 – Tree Risk Management and Removal) II. Removal of Heritage Tree:

A Heritage Tree shall not be removed unless it is dead, dying, or dangerous, subject to prior Public Tree Advisory Commission (PTAC) notification unless the hazardous condition of the tree is deemed an emergency warranting swift action.

An emergency is when the failure of a major limb(s) or the entire tree is imminent and a threat to public safety, homes, or structures. In the event of an emergency, the Public Works Director or his/her designee may order a limb(s) or the entire tree to be removed without scheduling a hearing with the PTAC. However, PTAC commissioners shall be informed as soon as practical.
(Urban Forest Management Plan Section 4.14- Removal of Heritage Trees) III. Appeal to Public Tree Advisory Commission:

A decision made by City staff related to the planting and removal of trees may be appealed to the Public Tree Advisory Commission. However, any decision made by City staff for the protection of the public health and safety of the citizens shall not be subject to appeal. A letter stating the reasons for the appeal, along with the appropriate fee, must be filed with the Public Works Department within the 10 days following the staff decision. If the 10th day falls on a day that the Public Works Department offices are closed, the appeal period is extended until 5:00 p.m. on the following business day.
(Goleta Municipal Code Section 2.11.090- Appeal to Public Tree Advisory Commission)

Page 3 of 3 ends

IV. Appeal to City Council:

Any persons may appeal a final decision by the Public Tree Advisory Commission to the City Council within 10 days of the decision becoming final. If a decision is not appealed to the City Council within that period, the decision cannot be appealed. The Public Works Department will notify the Public Tree Advisory Commission as to the scheduled date of the appeal hearing. The Public Tree Advisory Commission will designate a member to attend an appeal hearing. (Goleta Municipal Code Section 2.11.100- Appeal to City Council)

ATTACHMENT 3

Joel Patrick - 6226 Westmoreland Place

 Arborist Assessment and Staff Recommendation Summary
 Appeal Letter
 Photograph(s)
 Tree Removal Request Form

Rincon Consultants, Inc.

Environmental Scientists Planners Engineers

MEMORANDUM
■ Santa Barbara
209 East Victoria Street
Santa Barbara, California 93101
(805) 319 4092

[email protected] www.rinconconsultants.com
Date: January 3, 2022
To: Public Tree Advisory Commission
Project: Tree Removal Requests
From: Greg Arborist, Rincon Consultants, Inc.

E-mail: [email protected]
cc: George Thomson, Parks and Open Space Manager
Re: Lemon bottlebrush (Callistemon citrinus) at 6226 Westmoreland Place

Address: 6226 Westmoreland Place
Appeal Filed: August 9, 2021
Tree Species: Lemon bottlebrush (Callistemon citrinus)
Reason:

Appeal Summary: Remove two bottlebrush tree that are dirty (e.g., drop debris on parked cars), harbor aggressive bees (mother of resident is allergic to bees), are an eyesore, suspects that the roots could damage water main to house, and are preventing improvements to landscaping.

Observations Summary: Bottlebrush trees are in good health. Approximately 8-inch DBH and approximately 12-15 feet in height. No apparent deformities and have good physical structure. Not causing impacts to surrounding hardscape.

Staff Recommendation: The tree is an important part of the urban forest and does not meet the City’s criteria for consideration of removal. The tree is not likely to become a hazard to vehicular or pedestrian travel on the road or sidewalk. There are numerous bottlebrush trees that exist along the sidewalk on both sides of Westmorland Place. Based on historic aerial imagery, it appears the trees have been 34

Page 2 ends

present since at least the mid-1990’s. The trees attract bees that are beneficial pollinators. Unless agitated, bees are generally not a threat.

Tree should be retained, and this appeal denied.
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Tree Removal Request
Public Works Department
130 Cremona Dr. Ste B, Goleta, CA 93117
Phone: (805) 961-7500|
Email: [email protected]____________________________________________________ Please submit the completed Tree Removal Request form for removal of tree(s) located in the public-right-of way.

Date Request Submitted: ___________________
Requestor’s Information
______________________________ ________________________________ Last Name First Name
________________________________________
Mailing Address
____________________ ______________ _____________________ City State Zip Code
___________________________ _____________________________________ Telephone Email Address
Tree Information
______________ ________________________________________________ Number of Trees Address/Location of Tree(s)
_____________________________
Species of Tree(s), if known
Tree Location Documentation: Please attach a satellite overhead map or street view map (Google Map or other comparable map), or you may provide a clear photo in lieu of a map image. The map image/photo must clearly and explicitly indicate which tree(s) you are requesting for removal.

9.22.20 Patrick Joel
6226 Westmoreland Pl
Goleta CA 93117
(805) 350-9950 Not given
Not specified 6226 Westmoreland Pl - By Driveway
Bottlebrush
Bees and allergies
✔
45

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I. Tree Removal:

Page 3 of 3 ends

IV. Appeal to City Council:

47 ATTACHMENT 4

Jose Martinez - 6163 Braeburn Drive
 Arborist Assessment and Staff Recommendation Summary
 Appeal Letter
 Photograph(s)
 Tree Removal Request Form

Rincon Consultants, Inc.

Environmental Scientists Planners Engineers

MEMORANDUM
■ Santa Barbara
209 East Victoria Street
Santa Barbara, California 93101
(805) 319 4092

[email protected] www.rinconconsultants.com
Date: January 3, 2022
To: Public Tree Advisory Commission
Project: Tree Removal Requests
From: Greg Arborist, Rincon Consultants, Inc.

E-mail: [email protected]
cc: George Thomson, Parks and Open Space Manager
Re: Lemon bottlebrush (Callistemon citrinus) at 6163 Braeburn Drive

Address: 6163 Braeburn Drive
Appeal Filed: August 3, 2021
Tree Species: Lemon bottlebrush (Callistemon citrinus)
Reason: Tree roots are breaking into the sewer line and have broken the water meter.

Appeal Summary: Remove two bottlebrush trees because they are attracting bees and requester has a fear of bee stings; trees are messy.

Observations Summary: Bottlebrush trees are in good health. Approximately 8 and 9-inch DBH and approximately 15 feet in height. No apparent deformities and have good physical structure. Not causing impacts to surrounding hardscape
Staff Recommendation: The tree is an important part of the urban forest and does not meet the City’s criteria for consideration of removal. The tree is not likely to become a hazard to vehicular or pedestrian travel on the road or sidewalk. There are numerous bottlebrush trees that exist along the sidewalk on both sides of Westmorland Place. Based on historic aerial imagery, it appears the trees have been 49

Page 2 ends

present since at least the mid-1990’s. The trees attract bees that are beneficial pollinators. Unless agitated, bees are generally not a threat.

Tree should be retained, and this appeal denied.
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Page 1 of 3 ends

Tree Removal Request
Public Works Department
130 Cremona Dr. Ste B, Goleta, CA 93117
Phone: (805) 961-7500|
Email: [email protected]____________________________________________________ Please submit the completed Tree Removal Request form for removal of tree(s) located in the public-right-of way.

Date Request Submitted: ___________________
Requestor’s Information
______________________________ ________________________________ Last Name First Name
________________________________________
Mailing Address
____________________ ______________ _____________________ City State Zip Code
___________________________ _____________________________________ Telephone Email Address
Tree Information
______________ ________________________________________________ Number of Trees Address/Location of Tree(s)
_____________________________
Species of Tree(s), if known
Tree Location Documentation: Please attach a satellite overhead map or street view map (Google Map or other comparable map), or you may provide a clear photo in lieu of a map image. The map image/photo must clearly and explicitly indicate which tree(s) you are requesting for removal.

9.9.20 Martinez Jose
6163 Braeburn Dr.

Goleta CA 93117
(805) 844-2630 Not given
Not specified 6163 Braeburn Dr.

Not specified
No reason given
✔
54

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I. Tree Removal:

Page 3 of 3 ends

IV. Appeal to City Council:

56 ATTACHMENT 5

Nancy Gerh - 6597 Carmino Venturoso
 Arborist Assessment and Staff Recommendation Summary
 Appeal Letter
 Photograph(s)
 Tree Removal Request Form

Rincon Consultants, Inc.

Environmental Scientists Planners Engineers

MEMORANDUM
■ Santa Barbara
209 East Victoria Street
Santa Barbara, California 93101
(805) 319 4092

[email protected] www.rinconconsultants.com
Date: December 27, 2021
To: Public Tree Advisory Commission
Project: Tree Removal Requests
From: Greg Arborist, Rincon Consultants, Inc.

E-mail: [email protected]
cc: George Thomson, Parks and Open Space Manager
Re: Paperbark tree (Melaleuca quinquenervia) at 6597 Camino Venturoso

Address: 6597 Camino Venturoso
Appeal Filed: August 3, 2021
Tree Species: Paperbark tree (Melaleuca quinquenervia)
Reason:

Appeal Summary: Request to remove tree because the tree has a history of damaging sewer line and water meter, and tree is lifting the adjacent sidewalk and street.

Observations Summary: The paperbark tree has an approximate 19-inch DBH and is 50 feet tall, with a 35-foot canopy spread. The tree is in good health and has good form (symmetrical). The root flare is encroaching the adjacent curb and sidewalk and it appears that the adjacent sidewalk panels have been replaced. The tree roots are pushing the curb outward by approximately 1.5 inches. Bulging of the asphalt in the adjacent street is visible and is cracking where building is present.

Page 2 ends

tree’s roots is one inch or greater to eliminate potential tripping hazards. The tree should be pruned to provide a minimum of 5 feet of clearance from power lines. Water line damage from the tree’s roots is not visible. Further documentation should be provided, such as photographic evidence of roots damaging the sewer line, or a plumber’s investigation report that clearly demonstrates that the tree’s roots are causing ongoing damage. Selective root pruning and installing a root barrier would help prevent future intrusion of leaking lateral lines.
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Page 1 of 3 ends

Tree Removal Request
Public Works Department
130 Cremona Dr. Ste B, Goleta, CA 93117
Phone: (805) 961-7500| Email: [email protected] ____________________________________________________
Please submit the completed Tree Removal Request form for removal of tree(s) located in the public-right-of way.

Date Request Submitted: ___________________
Requestor’s Information
______________________________ ________________________________ Last Name First Name
________________________________________
Mailing Address
____________________ ______________ _____________________ City State Zip Code
___________________________ _____________________________________ Telephone Email Address
Tree Information
______________ ________________________________________________ Number of Trees Address/Location of Tree(s)
_____________________________
Species of Tree(s), if known
Tree Location Documentation: Please attach a satellite overhead map or street view map (Google Map or other comparable map), or you may provide a clear photo in lieu of a map image. The map image/photo must clearly and explicitly indicate which tree(s) you are requesting for removal.

Reason for Tree Removal Request
Dead Dying Safety Hazard
Other Description: ________________________________________________ For Official Use Only
Document #: _______-______
Received by: _____________
Time stamped by: _________
Date: ___________________
Approved: ___ Denied ____
6/24/2019
Gehr (Maxwell) Nancy
6597 Camino Venturoso
Goleta CA 93117
1 Parkway in front of property
Paper tree
Tree has overgrown its space in the parkway and poses a safety hazard ✔
✔
122

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I. Tree Removal:

123

Page 3 of 3 ends

IV. Appeal to City Council:

124
ATTACHMENT 6

Goleta Municipal Code related to PTAC Appeals
 2.11.080
 2.11.070
2/1/23, 3:40 PM 2.11.080 Appeal to City Council.
https://library.qcode.us/lib/goleta_ca/pub/municipal_code/item/title_2-chapter_2_11-2_11_080 1/1 Goleta, California Municipal Code
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.11 PUBLIC TREE ADVISORY COMMISSION

2.11.080 Appeal to City Council.

Any persons my appeal a final decision by the Public Tree Advisory Commission to the City Council within 10 days of the decision becoming final. If a decision is not appealed to the City Council within that period, the decision cannot be appealed. The Public Works Department will notify the Public Tree Advisory Commission as to the scheduled date of the appeal hearing. The Public Tree Advisory Commission will designate a member to attend an appeal hearing. (Ord. 20-12 § 8; Ord. 12-16 § 2) Contact:

City Clerk: 805-961-7505
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 2/1/23, 3:38 PM 2.11.070 Appeal to Public Tree Advisory Commission. https://library.qcode.us/lib/goleta_ca/pub/municipal_code/item/title_2-chapter_2_11-2_11_070 1/1 Goleta, California Municipal Code
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.11 PUBLIC TREE ADVISORY COMMISSION

2.11.070 Appeal to Public Tree Advisory Commission.

A decision made by City staff related to the planting and removal of trees may be appealed to the Public Tree Advisory Commission. However any decision made by City staff for the protection of the public health and safety of the citizens shall not be subject to appeal. A letter stating the reasons for the appeal, along with the appropriate fee, must be filed with the Public Works Department within the 10 days following the staff decision. If the 10th day falls on a day that the Public Works Department offices are closed, the appeal period is extended until 5:00 p.m. on the following business day. (Ord. 20-12 § 8; Ord. 12-16 § 2)
Contact:

City Clerk: 805-961-7505
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

ATTACHMENT 7

Staff Presentation for Tree Removal Requests

Four Street Tree
Removal Requests
(Appeal of PTAC
Decision to Keep City
Trees)
City Council
April 4, 2023
Section 2.11.090: Appeal to Public Tree Advisory Commission A decision made by City staff related to the planting and removal of trees may be appealed to the PTAC. However, any decision made by City staff for the protection of the public health and safety of the citizens shall not be subject to appeal. A letter stating the reasons for the appeal, along with the appropriate fee, must be filed with the Public Works Department within the 10 days following the staff decision. If the 10th day falls on a day that the Public Works Department offices are closed, the appeal period is extended until 5:00 p.m. on the following business day.

Section 2.11.100: Appeal to City Council
Any persons may appeal a final decision by the PTAC to the City Council within 10 days of the decision becoming final. If a decision is not appealed to the City Council within 10 that period, the decision cannot be appealed. The Public Works Department will notify the PTAC as to the scheduled date of the appeal hearing. The PTAC will designate a member to attend an appeal hearing.
2 Municipal Code
April 4, 2023, City Council Meeting, Four Street Tree Removal Requests (Appeal of PTAC Decision) Attachment 2
Tree Species: Bottlebrush (Callistemon sp.)
Address: 6227 Westmoreland Place
Requester’s Name:Bonnie Dahlke
Reason for Tree Removal Request: Bottlebrush
attracts bees during blooming period;
homeowner is allergic to bees.

Arborist Observations:
• Bottlebrush tree in good health
• Tree does not present a public hazard
Street Tree Removal Request Appeals
April 4, 2023, City Council Meeting, Four Street Tree Removal Requests (Appeal of PTAC Decision) 3 Street Tree Removal Request Appeals
Attachment 3
Tree Species: Bottlebrush (Callistemon sp.)
Address: 6226 Westmoreland Place
Requester’s Name:Joel Patrick
Reason for Tree Removal Request:

Two bottlebrush trees attracting bees. Roots
may damage water main to house and are
preventing improvements to landscaping.

Arborist Observations:
• Bottlebrush trees are in good health
• Trees do not present a public hazard
April 4, 2023, City Council Meeting, Four Street Tree Removal Requests (Appeal of PTAC Decision) 4 Street Tree Removal Request Appeals
Attachment 4
Tree Species: Bottlebrush (Callistemon sp.)
Address: 6163 Braeburn Drive
Requester’s Name:Jose Martinez
Reason for Tree Removal Request: Two
bottlebrush trees are attracting bees; trees
are messy.

Arborist Observations:
• Bottlebrush tree in good health
• Tree does not present a public hazard
April 4, 2023, City Council Meeting, Four Street Tree Removal Requests (Appeal of PTAC Decision) 5 Street Tree Removal Request Appeals
Attachment 5
Address: 6597 Camino Venturoso
Tree Species: Paperbark tree (Melaleuca
quinquenervia)
Requester’s Name: Nancy Gehr
Reason for Tree Removal Request: Roots damaging
sewer line and water meter and lifting sidewalk and
street.

Arborist Observations:
• Tree in good health
• 1.5-inch curb lift (outward)
• Sidewalk panels previously repaired
• Bulging of street asphalt is visible and cracking
• Tree does not present a public hazard
April 4, 2023, City Council Meeting, Four Street Tree Removal Requests (Appeal of PTAC Decision) 6

Goleta City CouncilApril 4, 2023

Goleta City Council
April 4, 2023