RESOLUTION NO. 23993
RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA UPHOLDING AN
APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE A TREE REMOVAL
REQUEST FOR A BUNYA BUNYA TREE, LOCATED AT SECOND AND PIERCE STREETS ON THE SILVERCREST RESIDENCE PROPERTY FILE NUMBER TR99 - 014 WHEREAS, the Department of Community Development approved a request to remove an 80 -foot tall Araucaria bidwillii, Bunya - Bunya tree on March 5, 1999; and WHEREAS, anappealof theDepartmentof CommunityDevelopment'sapprovalwasfiled on March 17, 1999, and on April 29, 1999, the Planning Commission held a duly noticed public hearing to consider the appeal, at which the Commission heard andconsideredevidenceregarding the proposed tree removal request; and
WHEREAS, thePlanning Commission, afterdueconsideration, investigation andstudymade by itself and on its behalf, and after due consideration of all evidence and reports offered at the public hearing, upheld the tree removal approval action of the Department of Community Development; and
WHEREAS, onMay 6, 1999, anappealof thePlanningCommission'sapprovalwasfiled by Alan Strachan; and
WHEREAS, on May 25, 1999, the Council held a noticed public hearing to consider the appeal, at which time the Council heard and considered all the evidence presented regarding the proposed tree removal
he
and
WHEREAS, the Council, after dueconsideration, investigation and study madeby itself and on- its behalf, and after due consideration of all evidence and reports offered at the public hearing, foundanddeterminedasfollows:
1. TheBunya - Bunya treeis of significant sizeandmaturity and.provides greataestheticbenefit to all persons living in the vicinity.
2. TheBunya - Bunyatreeis oneof a few existingmature .specimensin SantaRosaandthat carelesstreatmentandarbitraryremovalof the treewould detractfrom the quality and attractiveness of the neighborhood.
3. Retaining thematureBunya - Bunya treewould beconsistentwith the City' sTree Ordinance in that protection of certain trees is essentialto the maintenanceof SantaRosa's aesthetic value and heritage; and
WHEREAS, theprofectis exemptfromreviewundertheCaliforniaEnvironmentalQuality Act, Class 4, Minor Alterations to Land, in that it would result in the retention of a mature tree which provides aesthetic benefits to its immediate environment.
Attachment 9
NOW, THEREFORE, BE IT RESOLVED that the Council upholds the appeal of the PlanningCommissiondecisionto removetheBunya - Bunyatree locatedon SecondStreetnear PierceStreet, morepreciselydescribedaslandscapedpropertyadjacentto aparkinglot associated Silvercrest Residenceat 1050Third Street, Assessor'sParcelNumber 009- 094 -014 and deniesthe application to remove the tree.
IN COUNCIL DULY PASSED this 81 day of June, 1999..
AYES: ( 5) Vice Mayor Martini; Councilmembers Vas Dupre, Rabinowitsh, Runyan, Wright
NOES: ( 0 )
ABSENT: ( 2) Mayor Condron, Councilmember Evans
ABSTAIN: ( 0 )
APPROVED: ` !
r
i 6e Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Bunya. 4. wpd
Reso.. No. _ 23993
ITEM NO. 12
Planning Commission 4/29/99E:\CITY COUNCIL AND BOARD MEETINGS\REVIEW AUTHORITY ARCHIVE\PC ARCHIVE\ARCHIVED MEETINGS\1999 PC MEETINGS\042999\042999-SR-BUNYA BUNYA TREE.WPD
CITY OF SANTA ROSA
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT FOR PLANNING COMMISSION
APRIL 29, 1999
PROJECT NAME APPLICANT
Bunya Bunya Tree Salvation Army
LOCATION PROPERTY OWNER
Tree located at Second and Pierce Streets
on property associated with 1050 Third Street Salvation Army
ASSESSOR'S PARCEL NUMBER FILE NUMBER
009-094-018 TR99-014
PROJECT SITE ZONING GENERAL PLAN DESIGNATION
R-5-PD Office
APPLICATION DATE APPLICATION COMPLETION DATE
January 28, 1999 January 28, 1999
PROJECT PLANNER RECOMMENDATION
Frank Kasimov Uphold staff decision and deny appeal
PROPOSAL
Appeal of a staff decision approving the removal of a bunya bunya tree.
SUMMARY
Staff approved an application filed by the Salvation Army to remove a bunya bunya tree located at Second and Pierce Streets. Bunya bunya trees, a native of Australia, develop and drop large seed pods, approximately the size of a pineapple. This particular tree is approximately 80 feet tall. The tree is located about 10 feet inside a public sidewalk and partially overhangs the sidewalk and a street. If not properly maintained by removing all of the pods on a regular basis, as often as yearly, the pods pose a potentially hazardous condition because they can fall on pedestrians or vehicles. Removing the pods would cost approximately $1,500 per year. The applicant would like to solve the hazardous situation by removing the tree, since yearly maintenance is cost prohibitive. The City approved the request with the condition that a tree of similar size and shape be planted in its place. A deodar cedar would be an example.
On March 17, an appeal of staff decision was filed.
ITEM NO. 12
Planning Commission 4/29/99E:\CITY COUNCIL AND BOARD MEETINGS \REVIEW AUTHORITY ARCHIVE \PC ARCHIVE \ARCHIVED MEETINGS \1999 PC MEETINGS \042999\042999-SR-BUNYA BUNYA TREE.WPD
CITY OF SANTA ROSA
PLANNING COMMISSION
TO: PLANNING COMMISSION
SUBJECT: APPEAL OF A STAFF DECISION APPROVING REMOVAL OF A BUNYA
BUNYA TREE
AGENDA ACTION: RESOLUTION
ISSUE(S)
Should the Commission uphold a staff decision approving removal of a bunya bunya tree located at Second and Pierce Streets?
BACKGROUND
1. Surrounding Land Uses
North: Residential
South: Lab and office
East: Residential and Santa Rosa Creek
West: Church and senior apartments
2. Existing Land Use - Project Site
Parking lot.
ANALYSIS
1. Project Description
Removal of an 80 foot tall bunya bunya tree located at Second and Pierce Streets. The tree overhangs a public sidewalk and street. The tree trunk is located about 10 feet inside the sidewalk.
Staff approved the tree removal on March 11, 1999, because the tree poses a hazard to people and vehicles, with the condition that a 15-gallon tree of similar size and shape (i.e., a deodar cedar) is planted in its place. The staff decision was appealed on March 17, 1999.
2. General Plan
Office.
3. Zoning
North: C-2-P
South: R-4
East: R-4
West: R-5-PD
ITEM NO. 12
Planning Commission 4/29/99E:\CITY COUNCIL AND BOARD MEETINGS \REVIEW AUTHORITY ARCHIVE \PC ARCHIVE \ARCHIVED MEETINGS \1999 PC MEETINGS \042999\042999-SR-BUNYA BUNYA TREE.WPD
4. Parking
Not applicable
5. Environmental Review
Exempt Class 4 - Minor Alterations to Land.
6. Comments/Actions by Other Review Boards/Agencies
Not applicable.
7. Neighborhood Comments
The appeal was filed by Nora Meisner and Frances J. Cromwell in response to the article in the Press Democrat. O ne comment of concern for the tree was otherwise received.
8. Public Improvements/On-Site Improvements
Not applicable.
9. Issues
The main issue is can the tree be saved or should it be removed?
If there were a way to successfully cost effectively remove each pod to eliminate the potential for it falling and injuring someone or damaging a vehicle, the tree could be saved. The cost of maintaining the tree is estimated at about $2,900 in the first year to remove dead growth and pods and about $1,500 in subsequent years. This estimate was given by Sandborn Tree Service. The City's Parks Department has indicated that these estimates seem reasonable.
The property owner prefers to remove the tree at a one-time cost. The City does not maintain trees on private land. (It would cost the City approximately the same to maintain the tree if it were on City property.)
The appeal states that in 100 years, no one has been hit by the seed pods. This statement has not been substantiated, and there is always a potential for the pods to hit someone.
The appeal also states that the roots do not penetrate the sidewalk. Thi s is true.
The appeal states that the cost of removal of the tree would take care of the cost of trimming (maintaining) the tree for at least three years. We understand that removing the tree would cost about $4,000. This would cover maintenance for two years and part of the third year. The question is how would the remaining years be funded, and who would pay for removal when time for removal has arrived?
The appeal is attached.
ITEM NO. 12
Planning Commission 4/29/99E:\CITY COUNCIL AND BOARD MEETINGS \REVIEW AUTHORITY ARCHIVE \PC ARCHIVE \ARCHIVED MEETINGS \1999 PC MEETINGS \042999\042999-SR-BUNYA BUNYA TREE.WPD
The tree poses potential hazards and, unfortunately, without a commitment for proper long term maintenance, the most appropriate action is removal. The City's tree ordinance (City Code Chapter 17-24) states in part (at Section 17-24.040(B)) that in determining the acceptability of a requested tree removal, the Director of Community Development shall consider (among other things) the area of the tree, or any substantial part of it, would hit if it were to fall. In this case, it is possible, if not likely, that the area that the pods would fall would include the public sidewalk and street.
10. Processing Time
This application will be considered by the Planning Commission 43 days from the time the appeal was received.
11. Child Care Action Plan
The Child Care Action Plan is not applicable to the tree removal.
RECOMMENDATION
It is recommended by the Department of Community Development that the Planning Commission, by resolution, uphold staff decision to approve removal of the bunya bunya tree because of the potential for injury or damage caused by falling pods.