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APPEAL OF DENIAL OF HERITAGE TREE PERMIT FOR 1417 NORTH HUNTER STREET
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RECOMMENDATION
It is recommended that the City Council adopt a resolution to uphold the decision of the Director of Community Development to deny a Heritage Tree Permit and deny the applicant’s appeal.
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Summary
The applicant, Gary Mariani, filed an application on behalf of the owner, Thomas Campora, for a heritage tree permit to remove two heritage oak trees at 1417 N. Hunter Street (Attachment A - Tree Permit Application, Attachment B - Vicinity Map). The hearing for the tree permit was held on June 6, 2016 (Attachment C - Hearing Request Letters). Based on the lack of evidence to support removal of the trees, the concerns expressed by the neighbors, the intent of the code to prevent inappropriate removal of heritage oak trees (SMC 16.130.010) and general plan policy to protect them, the request to remove the trees was denied (Attachment D - Notice of Decision). Subsequently, the owner filed an appeal to City Council (Attachment E - Appeal Letter). The recommendation to deny the request to remove two heritage oak trees is, in part, based upon the applicant’s arborist report in addition to all other information provided during the Director’s hearing.
DISCUSSION
Background
Stockton Municipal Code (SMC) Section 16.72.245 states that it is the purpose of the code to protect and preserve heritage oak trees to promote scenic beauty, reduce soil erosion, improve air quality, abate noise, and provide shade to reduce energy consumption. Section 16.130.030 requires a heritage oak tree permit be issued by the Director prior to removal of a heritage oak tree. A heritage oak tree is defined in Section 16.240.020 as:
“Any Quercus lobata (commonly known as “Valley Oak”), Quercus agrifolia (Coast Live Oak), and Quercus wislizenii (Interior Live Oak) tree which is located on public or private property within the limits of the City, and which has a trunk diameter of 16 inches or more, measured at 24 inches above actual grade. For Oak trees of the species mentioned above, with multiple trunks, the combined total trunk diameter shall be used for all trunks measuring six (6) inches or greater measured at 24 inches above actual grade.”
Both of the trees in question are identified as Valley Oaks, with trunks measuring 50” and 28” in diameter, respectively.
The code requires a notice be sent to property owners and residents within 300 feet of the property on which the trees proposed to be removed are located. If a request for a public hearing is received during the 10-day noticing period, the Director must hold a public hearing regarding the removal of the heritage oak tree. Because several requests were received from neighboring residents during the noticing period, a hearing was scheduled and conducted on June 6, 2016. A second notice was sent to the same group of owners and residents notifying them of the hearing time and date.
In order for the Director to issue a heritage oak tree permit, SMC 16.130.030.C.1 indicates the following facts must be considered:
a. The condition of the tree with respect to disease, danger of falling, proximity to existing or proposed structures, and interference with utility services;
b. The necessity to remove the tree in order to construct any proposed improvements, and the possibility of revising proposed tentative maps and improvement plans in order to save the trees;
c. The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or increased flow of surface waters;
d. The number of similar trees existing in the vicinity.
In the tree permit application and testimony given at the hearing, the applicant indicated that there were concerns about the safety of the two trees in question; one tree was very close to the office building located on the site, and the other tree is leaning to one side and is close to overhead utility wires. At the hearing, Department of Public Works staff advised that their initial pre-application review concluded that the applicant’s safety concerns were sufficient to warrant a full application and the resultant notification and hearing process.
Each of the four factors listed in SMC 16.130.030.C.1 are addressed in order below.
Tree Condition
The permit application also included an arborist report on the condition of the trees (Attachment F - Arborist Report, Attachment G - Photos). The arborist report indicates that the trees are healthy, not in danger of falling or interfering with utility services if properly pruned and maintained. Neighbors at the hearing expressed concerns about removing heritage oaks that are not dangerous or in poor health, and noted that a number of other trees had been removed in the area recently.
Construction of Improvements
No evidence was given that the trees need to be removed to allow construction or further development on the site. The applicant indicated that there were no immediate plans to do construction work.
Topography
No evidence of topographical features in the area and their effect on erosion, soil retention, and diversion or increased flow of surface waters was given. However, the code indicates that retaining oak trees is expected to have beneficial effects with respect to reducing erosion and retaining soil, thereby reducing runoff of surface waters.
Number of Similar Trees
No evidence of the number of similar trees in the area was given. However, several neighbors noted that a number of street trees in the area had been removed recently during replacement of damaged curb, gutter and sidewalk and expressed concerns about the cumulative effect of removing more trees on the neighborhood, some parts of which have extensive tree shade provided by very large, mature trees.
General Plan
The Stockton General Plan 2035 has the following goal relating to natural resources:
“To protect, restore, and maintain natural and cultural resources in Stockton,” (NCR-1)
A related policy states:
“The City shall strive to protect natural resource areas, fish and wildlife habitat, scenic areas, open space areas, agricultural lands, parks, and other cultural/historic resources (including Oak trees) from encroachment or destruction by incompatible development.” (NCR-1.1)
This goal and its supporting policy indicate that the City’s intent is to protect Oak trees. While this is not an absolute prohibition of tree removal, it does indicate a high threshold for evaluating tree removal, requiring significant reasons to justify issuance of a heritage tree permit.
Present Situation
Pursuant to SMC 16.130.040.C.2.b, the applicant may appeal the Director’s decision to the City Council. On June 15, 2016, the owner filed an appeal to City Council of the Director’s decision to deny the Heritage Oak Tree Permit.
As discussed above in the background section, the code indicates the factors to be considered in deciding whether to issue a permit to remove heritage oak trees. No additional evidence was provided at the tree permit hearing to justify issuance of the requested permit. As a result, the tree permit was denied by the Director.
Based on the lack of evidence to support removal of the trees, the concerns expressed by the neighbors, the intent of the code to prevent inappropriate removal of heritage oak trees (SMC 16.130.010) and general plan policy to protect them, it is recommended that the appeal be denied and the tree permit not be issued, thereby prohibiting the applicant from removing the two heritage oak trees.
Environmental Review
Tree permit decisions are not subject to environmental review under CEQA pursuant to CEQA Guidelines Section 15061, the general rule that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
FINANCIAL SUMMARY
There is no anticipated financial impact to the City of Stockton as a result of the proposed action.
Attachment A - Tree Permit Application
Attachment B - Vicinity Map
Attachment C - Hearing Request Letters
Attachment D - Notice of Decision
Attachment E - Appeal Letter
Attachment F - Arborist Report
Attachment G - Photos