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PC 2017-02-07_9a 1029 Ash Street MEMORANDUM TO: PLANNING COMMISSION FROM: GEOFF ENGLISH, DIRECTOR OF PUBLIC WORKS SUBJECT: TREE REMOVAL TIMELINE FOR TRACT 3054 – 1029 ASH STREET DATE: FEBRUARY 7, 2017 RECOMMENDATION: It is recommended that the Planning Commission review the attached tree removal timeline for Tract 3054 – 1029 Ash Street. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Financial impacts include staff time and resources of approximately $1,000 to research, prepare and present the information requested by the Planning Commission. BACKGROUND: A development project at 1029 Ash Street, (Tract 3054) was submitted on September 26, 2014 to City of Arroyo Grande and routed through the entitlement process. The Planning Commission approved this development project on May 5, 2015 subject to Conditions of Approval. The property owner(s) initiated the tree removal process associated with the project, subject to the Conditions of Approval and interacted with the Public Works Department on monitoring and compliance matters related to the associated tree removals. On October 4, 2016 the Planning Commission requested information regarding the Tree Removal Permits issued by the Public Works Department for 1029 Ash Street and related tree removal matters. ANALYSIS OF ISSUES: Per the Planning Commission’s request, a timeline of tree removal related activities at Tract 3054 was prepared and will be presented. The tree removal activity at this project site included both permitted and non-permitted removals. One non-permitted tree removal, resulted in the issuance of a fine to the property owner and the requirement for mitigation tree planting in accordance with the City of Arroyo Grande Community Tree Program Ordinance, a copy of which is attached. Copies of the various tree removal permits and corresponding City responses are also included as attachments to this report, along with relevant Arborist reports. PLANNING COMMISSION TREE REMOVAL TIMELINE FOR TRACT 3054 – 1029 ASH STREET FEBRUARY 7, 2017 PAGE 2 ALTERNATIVES: Not applicable at this time. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. City of Arroyo Grande Community Tree Program 2. Tract 3054- Tree Removal Timeline 3. Tract 3054- Tree Removal Forms, responses and Arborist Reports Page 1 Chapter 12.16 - COMMUNITY TREE PROGRAM Sections: FOOTNOTE(S): --- (1) --- Editor's note— Section 1 of Ord. No. 656, adopted Aug. 27, 2013, amended Ch. 12.16 in its entirety to read as herein set out. Former Ch. 12.16, §§ 12.16.010—12.16.090, pertained to similar subject matter and derived from prior code §§ 10.3.01—10.3.09; Ord. 521, § 1, adopted in 2000; Ord. 567, § 2, adopted in 2005; Ord. 575, §§ 1—4, adopted in 2005; Ord. 585, §§ 2—3, adopted in 2007; and Ord. 606, §§ 2—4, adopted in 2008. 12.16.010 - Purpose. It is in the best interest of the city, the public, and the environment to establish a comprehensive community tree program that promotes: A. The preservation, the maintenance, and regeneration of all trees; B. A beautiful and aesthetically pleasing community; C. Trees or groves of unique or historical value and wildlife habitat; D. Educational programs that address the importance of trees in the environment and their role in purifying the air, providing shade, controlling erosion, and maintaining the rural, small town atmosphere; E. Improved communication between the parks and recreation commission, architectural review committee and planning commission regarding tree related issues and concerns. Further, in order to implement the goals and objectives of the parks and recreation element of the city of Arroyo Grande's general plan, and to mitigate the loss of open space and vegetation caused by new development in the city, the city council has determined that a development impact fee (or the implementation of a tree planting plan in lieu thereof) is needed in order to finance the planting of trees and to pay for the development's fair share of the implementation of these improvements. This chapter establishes policies, regulations and specifications necessary to govern installation, maintenance and preservation of trees to accomplish the above stated purpose. (Ord. No. 656, § 1, 8-27-2013) 12.16.020 - Definitions. For the purpose of this chapter, the following definitions shall apply: "Certified arborist" shall be one of the persons who has completed the requirements of, and who appears on the approved list of the International Society of Arboriculture, Western Chapter. This list shall be available for review in the community development department. "City" means the city of Arroyo Grande. "City council" means the city council of the city of Arroyo Grande. "Conditioned tree" means any tree that is to be preserved and protected from removal, destruction or loss as a requirement of a permit issued by a permit-granting authority. "Dead regulated tree" means a regulated tree that is no longer alive or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches exist to sustain life) and has been determined to be in such a state of decline by a certified arborist during a nondormant or other natural stage of the tree that would minimize the likelihood that the tree would be mistakenly identified as being in such a dead state. ATTACHMENT 1 Page 2 "Development" means any project involving the issuance of permit for construction or reconstruction, other than interior remodeling, but not a permit to operate. "Director" means the city public works director or his or her duly appointed agent. "Dripline" means an imaginary vertical line running from the outermost branches or portions of the tree crown to the ground. "Excessive pruning" means removing in excess of one-third (33.3 percent) or greater of the functioning leaf, stem, or root area of a tree. Pruning in excess of 33.3 percent is injurious to the tree and is prohibited unless written approval is granted by the public works director or his or her appointed representative prior to initiating the work. Topping and lion's tailing shall be c onsidered unacceptable pruning practices for trees. "Fire chief" means the fire chief of the Five Cities Fire Authority. "Imminent fire safety hazard" means trees that impinge upon the fire defensible zone around structures as determined by the fire chief. The defensible zone is defined as that area one hundred (100) feet around a structure or two hundred (200) feet if structure is situated on or above a slope. "Landmark tree" or "landmark grove" means existing tree(s) on public or private property that has been found to be a notable horticultural specimen, or is of significant aesthetic, cultural or historical value, and is designated as such by resolution of the city council, upon recommendation of the planning commission or parks and recreation commission of the city. Landmark trees may include street trees. "Lion's tailing" means the removal of an excessive number of inner, lateral branches from parent branches. Lion's tailing is not an acceptable practice. "Maintenance" means pruning, spraying, fertilizing, staking, irrigating, treating for disease or injury, and other similar acts that promote the life, growth, health or beauty of trees or shrubs. "Owner" means an individual, firm, association, corporation, partnership, persona and lessees, trustees, receivers, agents, servants and employees of any such person(s). "Parks and recreation commission" means the parks and recreation commission of the city of Arroyo Grande. "Permit-granting authority" means that appropriate individual or body designated by municipal code or state law to have the legal authority to issue the permit for which application was made. "Planting easement" means an easement adjacent to public right -of-way obtained for the purpose of planting and maintaining street trees. "Planning commission" means the planning commission of the city of Arroyo Grande. "Public places" means all properties owned by the city and public easements. "Public streets" means all city public rights-of-way, including all public easements. "Regulated tree" means any tree located on properties in commercial, multifamily or mixed use zones; coastal live oak trees (Quercus agrifolia) on properties in single -family residential zones that measure twelve (12) inches in diameter when measured four feet and six inches from the base; and any trees located in the public right-of-way adjacent to the street on properties in single-family residential zones, whether city or privately owned. "Street trees" means any tree in any street, park, public place, or public eas ement. "Subdivision" means any subdivision of property, including minor subdivisions. "Topping" means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. "Tree coordinator" means the city employee who is responsible for the city landmark tree program, memorial tree planting, Arbor Day activities, education programs, issuing of tree removal permits, and coordination with citizens regarding tree matters. Page 3 "Tree removal" means the destruction or displacement of a tree or shrub by cutting, bulldozing, mechanical, chemical or other method, which results in a physical transportation of the tree from its site and/or death of the tree. "Tree well" means an unsurfaced area provided within a paved or concrete sidewalk for the planting of a tree. "Undeveloped property" means property that has been zoned to allow development, but which has not yet been developed. (Ord. No. 656, § 1, 8-27-2013) 12.16.030 - Street tree requirements. A. A street tree shall be planted at the time of construction by every property owner, except for subdivisions, spaced no farther than fifty (50) feet apart along the street frontage of any building constructed. Interior remodeling permits and activity shall be exempt from street tree planting requirements. The director shall specify specific locations along the frontage of the constructed building for street trees and shrubs on public streets and tree planting e asements, and the species of tree shall be selected by the director from the master street tree list on file with the parks, recreation and facilities department. Street trees shall be of a fifteen (15) gallon container size (or greater) and comply with the standards set forth by the American Society of Nurserymen. B. For property within commercial or industrial zoned districts in the city, the property owners, upon construction, shall provide tree planting wells within any paved or concrete sidewalk. Stre et trees shall be planted within these wells as outlined in subsection A of this section, with the addition of installing deep root barriers. C. A fee, consistent with that established by the city council for subdivision maps shall be imposed by the director, if the property owner requests that the city plant the required tree(s) on his or her behalf. D. All existing and proposed street trees shall be identified by the applicant on all construction and building plans and maps presented to the city. E. No existing street tree shall be removed or replaced without written authorization of the director or the tree coordinator. F. It shall be the responsibility of the property owner to properly maintain all street tree -planting areas upon his or her property, including any adjacent easement, regardless of whether such property is developed. Such maintenance shall include irrigation and keeping such planting easements free from weeds or any obstructions deemed contrary to public safety and in conformance with t he plan approved by the director for the property involved. G. The director shall, at city expense, inspect and, when necessary, remove and/or replace street trees. H. The director may cause the roots of young trees in the process of development to be cu t to prevent future sidewalk lifting. Roots on older trees that have lifted sidewalks may be cut. Overhead limbs may be pruned or cut back to compensate for the loss of root area. I. The director may cause the removal of overhead limbs from any street tre e, regardless of the location of such street tree, if, in the director's opinion, such removal is necessary in the interest of public safety. J. Nothing in this chapter shall be deemed to relieve the owner and occupant of any private property from the duty to keep his or her private property, sidewalks and planting easements in front of such private property in a safe condition and so as not to be hazardous to public travel. K. Whenever a property owner desires to have a street tree removed, he or she sha ll apply to the director for a permit for such removal. The director may approve or deny such request. L. Any street tree damaged or destroyed by an individual shall be replaced through payment by the person or persons causing such loss to the city. The amount of such payment shall be the Page 4 replacement value of the tree, as determined by the director, but in no event shall it be less than one hundred fifty dollars ($150.00) per tree and shall be in addition to any criminal fine or penalty for municipal code violation. Any act intentionally damaging or destroying a street tree shall constitute a misdemeanor violation of this chapter. (Ord. No. 656, § 1, 8-27-2013) 12.16.040 - Responsibility for tree-damaged sidewalks and public improvements. A. The public works director will periodically prepare a list of particular street trees that have created a present and immediate danger to pedestrian travel, by causing damage to public improvements, sidewalks, or have interfered with drainage flow in gutters, or resulted in traffic hazards in adjacent streets. B. The public works director shall order the repair or replacement of such damaged public improvement. Trees shall only be removed if it is determined that the public improvements will cause the tree to be unsafe or unstable or will likely cause the need for recurrent repair to public improvements. Prior to removal of any street tree causing such damage, the adjacent property owner will be notified, in writing, by the public works director. The public works direc tor shall order a new tree to be planted as a replacement tree, when the site is appropriate, as determined by the director. (Ord. No. 656, § 1, 8-27-2013) 12.16.050 - Privately owned trees affecting public right-of-way. A. Trees on private property that have caused, or may cause, in the judgment of the public works director, damage to public improvements shall be root-trimmed or the tree removed, and such damage to public property shall be repaired by the owner of such tree. After fifteen (15) days' not ice to correct the condition, the public works director may correct the condition and send a billing therefor, including a fifteen (15) percent administration fee, to the property owner. If the property owner fails to remit the payment, the charge for all costs of correction, including the administration fee, shall be charged as a tax lien upon the tree owner's property. B. No person shall permit branches of trees or shrubs to extend within nine feet from the ground over any portion of the sidewalk area, or within fourteen (14) feet from the ground over any portion of residential street abutting the property on which the tree is growing, or within fourteen (14) feet on streets designated as truck routes. After fifteen (15) days' notice to correct the condit ion, the public works director may correct the condition and send a billing therefor, including a fifteen (15) percent administration fee, to the property owner. If the property owner fails to remit payment, the charge of all costs of correction, including the administration fee, shall be charged as a tax lien upon the tree owner's property. (Ord. No. 656, § 1, 8-27-2013) 12.16.060 - Landmark trees. A. In order to initiate a landmark tree designation, the owner(s) of such trees shall sign the proposed designation resolution prior to city council adoption, thereby conferring consent for the tree(s) to be voluntarily designated as landmark tree(s) by the city and approved for the city to go upon the owner's property for monumentation, inspection and inventory. Trees may also be designated a landmark tree(s) as part of a city development approval or permit process (see Section 12.16.090). For such case the director shall sign the resolution after its adoption in lieu of the tree owner's(s') signature. The director shall sign as owner for all city-owned trees. B. The city council, upon recommendation of the planning commission or parks and recreation commission, shall, after making any revisions it deems appropriate, designate landmark trees or landmark groves by resolution. The director shall administer the landmark tree program for the city. Page 5 C. In the event a landmark tree(s) owner desires to remove landmark tree designation from his or her tree(s), the owner may petition the city council to adopt a resoluti on repealing landmark status from the tree(s). D. No landmark tree(s) shall be removed without the consent of the city council, nor shall any landmark trees be destroyed or damaged. E. The director shall maintain a permanent log of all trees designated. Such log shall consist of a copy of all resolutions designating landmark trees. Each resolution shall contain a landmark tree monumentation number, a photograph of the tree(s), a location map of the tree(s) on the property, the reasons why such tree(s) has been designated a landmark tree(s), and the signature and owner's(s') name, and the address and legal description of the property upon which the tree(s) is located. The director shall present a copy of the adopted resolution to the tree owner. F. The director shall install a permanent marker upon or near each landmark tree, identifying the tree as a landmark tree, and containing the tree monumentation number. One marker may be used for a landmark grove. G. The director shall cause the physical inspection and inventory of all landmark trees every three years to determine their condition and presence, and he/she shall report his or her findings publicly to the city council, the parks and recreation commission, and the planning commission, via the city manager. H. Upon the death of a landmark tree, the director shall record the estimated date of death and suspected cause of death upon the resolution designating the tree. The director shall use such information to assist in determining future tree preservation programs for the city. I. No branches two inches or larger on a landmark tree shall be pruned without prior written approval of the director or the city tree coordinator. (Ord. No. 656, § 1, 8-27-2013) 12.16.070 - Tree removal in residential, mixed use or commercial zones. A. No person(s) shall allow or cause the removal of any regulated tree on property used or zoned multifamily residential, mixed use or commercial without first obtaining a tree removal permit from the director or tree coordinator. Furthermore, no coastal live oak trees (Quercus agrifolia) greater than twelve (12) inches in diameter when measured four feet and six inches from the base located in single-family residential zoned areas and any trees located in the public right -of-way in single-family residential zoned areas may be removed without first obtaining a tree removal permit. The permit is available at no charge. B. Tree removal in the above locations without a permit shall constitute a misdemeanor violation of this chapter, and in addition, removed trees shall be replaced through payment by person or persons causing such loss to the city. The amount of such payment shall be the replacement value of the tree as determined by the director, but in no event shall it be less than one hundred fifty dollars ($150.00) per tree; and it shall be in addition to any criminal fine or penalty for municipal code violation. C. The intended decision of the director or tree coordinator for issuing or refusing a tree removal permit shall be based upon reasonable standards, including: 1. The condition of the tree regarding its general health, location to utilities or structures, or status as a public nuisance; 2. The necessity of the requested action to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of property; 3. The topography of the land and the effect of the tree removal on erosion and water retention; 4. The number, species, size and location of existing trees in the area and the e ffect of the tree removal on scenic beauty, historic values, fire safety and the general welfare of the city; Page 6 5. Good forestry practices in general. D. Subject to obtaining a tree removal permit, a dead regulated tree, as defined by Section 12.16.020, may be removed, and a replacement tree from the approved city tree list and acceptable to the director of public works or his/her designee will be required to be planted in its place, unless determined by the director of public works to be unnecessary due to special circumstances of the site. E. Standards for the Pruning of Trees on Private Property. 1. The city council may adopt by resolution standards for the pruning of regulated trees on private property, with which all licensed tree companies doing business in the city shall comply. At a minimum all pruning shall comply with the standards established by the International Society of Arboriculture. 2. Failure to comply with these standards as determined by the city council shall constitute a misdemeanor violation of this chapter and may result in the suspension of the tree company's business license, if applicable, as follows: first offense, suspension of the business license for a period not exceeding ninety (90) days, and for a second offense or any subseq uent offenses, by suspension of the business license for a period not exceeding one year. F. Topping Prohibited. Intent: to insure healthy, structurally stable, aesthetically pleasing trees and mitigate public liability. 1. "Topping" means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. It is unlawful to top or stub trees. 2. Utility line clearing shall be accomplished by the drop crotch method of pruning and shall include side branches. 3. All pruning of public trees shall be in accordance with current pruning specifications of the city parks division. G. Appeals. Appeals regarding decisions on tree removal permits by the di rector are to be submitted in writing to the parks and recreation commission within fourteen (14) days of the director's decision. Actions of the parks and recreation commission are final unless appealed to the city council. H. Exceptions. A tree removal permit is not required for the following: 1. Trees in hazardous condition that represent an immediate danger to health or property as determined by the city; 2. Christmas tree lots; 3. Fruit trees; 4. Owners of firewood harvesting lots need not obtain a removal permit, if the species of trees harvested are eucalyptus or pines; 5. Trees that present an imminent fire safety hazard as determined in writing by the fire chief. (Ord. No. 656, § 1, 8-27-2013) 12.16.080 - Public utility company requirements. Public utility companies shall obtain a permit from the director, which shall be valid for one calendar year, and notify the city forty-eight (48) hours prior to performing the following: A. Removal of a street tree or any tree covered in Sections 12.16.060 and 12.16.070 B. Pruning of a street tree, landmark tree, or any tree covered in Sections 12.16.060 and 12.16.070 for overhead power line clearance; and Page 7 C. Underground trenching within the dripline of a street tree, a landmark tree, or any tree covered in Sections 12.16.060 and 12.16.070 (Ord. No. 656, § 1, 8-27-2013) 12.16.090 - Installation, maintenance and removal of trees relating to property development. A. A tree planting fee is established on issuance of all subdivision maps for development in the city. The city council shall, in a council resolution, set forth the specific amount of the fee. As described in the fee resolution, this tree planting fee shall be paid by each developer prior to issuance of a building permit. On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments. The revenues raised by payment of this fee shall be placed in a separate and special account, and such revenues, along with any interest earnings on that account, shall be used solely to pay for the city's future purchase and planting of trees described in the resolution enacted pursuant to the above. The selection, purchase, planting and future maintenance of such trees shall be p erformed by the director. In lieu of the fee, at the election of the planning commission, the subdivider shall be responsible for the purchase, planting, maintenance and replacement, if necessary of such trees for twenty-four (24) months after planting and acceptance according to a uniform planting plan approved by the director. The subdivider may be required to post a bond, the amount to be determined by the planning commission, to assure faithful performance. The bond may be held by the city for a maximum of two years. B The planning commission may require a six -foot tree planting easement on all or select streets within proposed subdivisions, in addition to dedicated planting easements for street trees in conformity with a uniform planting plan for the area involved. C. All proposed changes in a public street right-of-way direction or width, or any proposed street improvement, shall, where feasible, include allowances for planting easements. Plans and specifications for planting such areas shall be integ rated into the general plan of improvements, and it shall be the duty of the director of public works to coordinate the design of such improvements with the community development director prior to the completion of the final overall plans. D. No tree shall be removed on any undeveloped parcel for which a tree removal permit has not been issued or for which a tree removal plan has not been approved by the planning commission. Tree removal on undeveloped property without a permit or approved plan shall const itute a misdemeanor, and in addition, removed trees shall be replaced through payment, by person or persons causing such loss, to the city. The amount of such payment shall be the replacement value of the tree, as determined by the director, but in no event shall it be less that one hundred fifty dollars ($150.00) per tree, and it shall be in addition to any criminal fine or penalty for municipal code violation. E. All grading, building, conditional use, tract map, parcel map, planned development, and othe r development proposals submitted to the city shall be accompanied by an accurate map identifying and locating all existing trees upon the property for which application is received and all existing trees that are off-site but affected by the project. Such map shall also identify all existing trees that are proposed by the applicant for removal or destruction, and such trees shall be visibly marked for the director's inspection. The director, or his or her designee, shall locate all trees upon the applicant's and affected property and prepare a written report to the permit-granting authority within two calendar weeks of the permit application having been received by the city. F. The director's report to the permit-granting authority shall contain: 1. Recommendation as to which trees should be preserved and protected from removal and/or relocation; 2. Recommendation as to which trees should receive landmark designation. G. The permit-granting authority shall not issue a permit until receiving and reviewing the director's recommendations. The permit-granting authority shall not be bound to honor the director's Page 8 recommendations. The permit-granting authority shall have the authority to approve and issue a permit with conditions requiring protection and preservation of any or all trees affected by the permit. H. The killing, removal or damaging, intentionally or accidentally, of any tree, because of development activity, shall result in a separate administrative penalty to be paid, through payment by person or persons causing such loss, to the city. The payment shall be the amount of the value of the tree, as set forth in the Manual for Plant Appraisers, published by the Council of Tree and Landscape Appraisers, but in no event shall the payment be less than one hundred fifty dollars ($150.00) per tree. The intentional killing, removal or damaging of any tree, as a result of development activity, shall constitute a misdemeanor. I. If the permit-granting authority approves the removal of any oak tree or other tree as defined in Section 12.16.020 when related to property development, the tree owner(s) of such tree(s) shall replace each tree removed at a three to one replacement ratio. The size, specie, and location of replacement trees shall be determined by the director, in writing, before the permit is issued. Replacement trees shall be maintained and cared for by the owner(s) when planted on his or her parcel. If not planted on the owner's parcel, the director may identify a site for planting replacement tree(s), and the city will be responsible for maintenance thereof. J. In the event the permit-granting authority desires landmark designation for any tree, the permit- granting authority shall convey such recommendation to the city council via the planning commissio n for consideration and recommendation and shall withhold issuance of such permit until the city council has adopted a resolution conferring landmark designation. K. In the event the city council adopts a resolution conferring landmark designation upon a tree(s) during the development process, a permit shall be issued only with condition that the designated tree(s) shall not be removed or disturbed. Failure to comply with this condition shall result in a misdemeanor. There will be a separate administrative penalty of five thousand dollars ($5,000.00) to the tree owner for each landmark tree removed, destroyed or killed as a result of construction or development activity, regardless of whether the removal was intentional. L. All administrative penalties recovered by the city, pursuant to this chapter of the municipal code, shall be deposited in a city fund, the assets of which shall be used for tree planting, care and administration of this chapter of the municipal code. M. Trees designated to remain on the tree removal plan shall be protected prior to and during construction by the owner(s), using the following measures: 1. Each tree or group of trees designated to remain shall be protected by an enclosure of a five - foot fence, prior to the beginning of construction. The fence shall be wooden, chain link, or plastic barricade fencing. The location of the fence is normally at the dripline of the tree, but it may adjusted or omitted with the director's written approval. 2. No parking of vehicles or equipment or storage of materials shall be permitted within the dripline of the trees designated to remain. 3. In the event the underground utilities must be placed within the dripline of the trees to remain, the utilities shall be installed by auguring at twenty-four (24) inches minimum depth or by hand trenching. If roots over one inch in diameter are encountered, the roots shall be preserved without injury. No machine trenching within a tree's dripline shall be permitted, unless authorized, in writing, by the director. 4. A performance bond may be required, in a form acceptable to the city and prior to issuance of an entitlement, to assure protection of trees on the site. The amount of any set bond shall be one thousand five hundred dollars ($1,500.00), or the value of affected trees, whichever is greater, based on the Manual for Plant Appraisers, Council of Tree and Landscape Appraisers. The latest edition is to be available for review in the community development department. If, in the opinion of the certified arborist, no violation or damage has occurred during construction, the bond shall be returned upon final building inspection. However, if damage has occurred, the Page 9 bond shall be held for three years and forfeited if, in the opinion of the certified arborist , permanent damage has occurred. 5. Failure to comply with tree preservation requirements shall result in the director issuing a stop work order until all requirements have been met. N. Upon determination that a conditioned tree or landmark tree has died, been destroyed or removed as a result of construction or development activity, the council may stop further construction or development activity until the administrative penalty is paid. O. When the city requires tree pruning, the tree service contractor performing the work shall use an arborist certified by the Western Chapter of the International Society of Arboriculture. (Ord. No. 656, § 1, 8-27-2013) TIMELINE OF TREE REMOVALS 1029 ASH STREET (TRACT 3054) May 5, 2015 Planning Commission passes motion that upon the approval of the Public Works Director, the perimeter fifteen (15) eucalyptus trees are to be removed (eucalyptus hedgerow along driveway at 1053 Ash Street). * Minutes attached (see A-1) * See eucalyptus tree locations on the attached Tree Inventory Map (see A-2) January 12, 2016 Tree Removal Permit filed with City for three (3) Quercus agrifolia (Coast Live Oaks) * Tree Removal Permit attached (see B-1) * See tree locations shown at the attached Tree Inventory Map – tree numbers 6, 11, 12 (see B-2) January 20, 2016 Tree removals are approved by the Public Works Director * Letter of approval attached (see B-3) January 20, 2016 Tree Removal Permit filed for removal of fifteen (15) Eucalyptus ficifolia (see C- 1). Removal was denied by the Public Works Director (see C-2). January 21, 2016 An estimated three (3) to seven (7) Eucalyptus ficifolia trees are removed without an approved Tree Removal Permit from the Public Works Director. March 14, 2016 Removal of five Eucalyptus ficifolia is approved by the Public Works Director (see D-1 attached). ATTACHMENT 2 May 11, 2016 Tree Removal Permit filed with City for one Quercus agrifolia (Coast Live Oak). * Tree Removal Permit attached (E-1) * See attached map (E-2) Removal is denied by the Public Works Director. * See attached letter (E-3) Tree is cut down July 19, 2016. Belle Mer Development is fined $1,140.00 for the appraised value of the tree. Fine was paid on October 12, 2016. * Letter attached (E-4) August 17, 2016 Tree Removal Permit filed with the City for four remaining Eucalyptus ficifolia trees at 1029 Ash Street. * See Permit attached (F-1) October 7, 2016 Removal of trees is approved by the Public Works Director * See Letter attached (F-2) A1ATTACHMENT 3 SUMMARY ARBOR FIRST TREE PROTECTION PLAN 1029 ASH STREET ARROYO GRANDE, CA Proposed construction plans have been designed to incorporate a private drive as well as construction of single family residences at 1029 Ash Street, Arroyo Grande, CA. Ordinance 575 §12.16.010 thru 12.16.090 of the City of Arroyo Grande Municipal code deals with the policies, regulations and specifications relating to trees within the city. There are Coastal Live Oak trees (see inventory below) that will be potentially impacted by the proposed construction. To ensure the protection of retained trees in the construction area, tree protection measures (Tree Protection Plan [TPP]) as outlined below must be fully integrated into the development process. Tree protection must be a consideration during all construction phases an d post-construction activities. TREE INVENTORY Tree Tag# Common Name DSH Condition 1 Coastal Live Oak 64.50 inches Good 2 Coastal Live Oak 19.00 inches Fair 3 Coastal Live Oak 14.00 inches Fair 4 Coastal Live Oak 19.00 inches Fair 5 Coastal Live Oak 23.00 inches Fair 6 Coastal Live Oak 60.25 inches Very Poor 7 Coastal Live Oak 15.25 inches Very Good 8 Coastal Live Oak 19.00 inches Good 9 Coastal Live Oak 20.75 inches Good 10 Coastal Live Oak 23.50 inches Good 11 Coastal Live Oak 17.50 inches Good 12 Coastal Live Oak 60.00 inches Very Poor 13 Coastal Live Oak 29.75 inches Very Good 14 Coastal Live Oak 29.50 inches Good 15 Coastal Live Oak 28.50 inches Good 16 Coastal Live Oak 9.50 inches Good 17 Coastal Live Oak 25.00 inches Good SEQUENCE OF EVENTS The following sequences are governed by operational constraints and are subject to change. The Arborist of record must be noted regarded any changes to this sche dule: B4 Pre-development Stage • Pre-commencement site meeting including Arbori st of record, local planning authority, developer, contractor and all sub-contractors. This meeting must take place before any development activity to confirm the timing and implementation of the Tree Protection measures. • Removal of trees designated in the approved development plans by Arborist of record. • Arborist of record pruning of trees to be directly impacted by development ie skirting for construction equipment clearing and removal of dead wood that could be dislodged during construction. • Determination of Root Protection Areas (RPA's) for construction of protective fencing Development Stage • This stage is subject to site monitoring visits by the Arborist of record at intervals as agreed at the pre-commencement site meeting. These visits are to ensure that the agreed protection measures are functional and correctly achieving their purpose. • Site accessible to demolition and construction traffic. • Development commences and progresses to completion. • Removal of protective fencing as agreed by the Arborist of record • Landscape contractors to be briefed by Arborist of record. Hard and soft landscaping installed un der Arborist of record review. TREE PROTECTION PLAN DETAILS • Construction work shall be avoided, wherever possible, within the driplines of the Oak trees. The Arborist of record shall be present during all construction operations within 10 feet of the dripline of any trees to be retained. • Tree Protective fencing shall be erected prior to the beginning of construction to protect the Critical Root Zone (CRZ) of each retained tree. The CRZ is defined as twelve (12) inches of radius for each one (1) inch of Diameter at Standard Height (DSH). The location of the fence shall be a minimum radius of eight (8) feet from the trunk of the tree, except for trees shown on the plan to have construction within the drip line. Fence shall consist of minimum five (5) foot high chain link or vinyl fencing mounted on 6 foot steel "t" posts spaced not more than 10 feet apart. Tree protection area signs (see example of language below) shall be affixed to all tree protection fencing at 50 foot spacing average. • Permits for removal of trees are to be posted and visible from the street. Trees to be removed shall be identified with red or yellow flagging. Trees designated to be removed shall be removed by Arborist of record to minimize potential for damage to remaining trees and roots. • Root pruning may be necessary on those trees in which grading cuts are placed within the drip line. The exact location and depth will be determined by the project Arborist of record during the pre-construction meeting. The Certified Arborist shall prune roots over 1 inch in diameter within the Critical Root Zone (CRZ) of the trees. All cuts shall be clean with no frayed edges. International Society of Arboriculture (ISA) pruning standards shall be followed in all instances. • No toxic materials shall be stored within 100 feet of tree protection areas. • Mechanized equipment use shall be minimized as much as possible in any tree protected area. B4 • All areas within the CRZ of the trees that can be fenced sh all receive a 4-6 inch layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. Mulch shall not contact trunk of the trees. • The Arborist of record shall make regular weekly inspections during active construction and demolition and provide reports to the owner and contractor. Reports shall document condition of tree protection devices and provide recommendations for maintenance and/or additional care. B4 (. TREE PROTECTION ZONE CTPZt • ~o grade ""himgf'. ~tora~t" of materials., ''rltldes or equipmrnt is JlPrmitted "'Jthin thi~ TPZ • :So l"ln.nlng or t"'CJ.Ulpment l'le'ar this TPZ • :So unau1horUed entry • This tree prntedlon ba!'l"il"r mWJt not he remO\ ed '"'"ithout the '\\rltten authorization of the City ofArroJ'O Grande and Supervision by tht" CPrtified. Arborlio:t of Record B4 A':.1 r.11CAN soc 1r 1·1 o/ CO'!Sl:tr!NG AKBORISTS Mr. Ron Reilly Garing, Taylor & Associates, Inc. 141 South Elm Street Arroyo Grande, CA 93420 e &. Environmental Speciai· ~{0 IS/ '-~' ,. . ...., .. L ~ '" .J - --• ) c: ;:(\I -~~f~ September 11 , f015 RE: 1029 ASH STREET, ARROYO GRANDE, CA Dear Mr. Reilly: ... ~ You requested information regarding elements of development on the above referenced property. Specifically you are concerned with excavation, grading and paving in and around the existing trees to be retained on the property (reference our Certified Arborist Report dated July 23, 2014). Please find discussions relating to construction activity, the potential impact to trees and the methods/treatments to minimize damage as follows: CONSTRUCTION ACTIVITY Stripping site of surface soil before grading IMPACT TO TREE Root loss Cell -805.441.3715 I Office-Fax -805.772 .5400 170 Terra Street, Morro Bay, C A 93442 ~.irboi:first.com I arborfirst @sbcglobal.net METHODS/TREATMENTS TO MINIMIZE DAMAGE 1. Restrict stripping of topsoil around trees 2. Install fences to protect trees from injury 3. Any woody vegetation to be removed adjacent to trees to remain should be cut at ground level and not pulled out by equipment. Arborist B5 Lowering grade, scarifying, 1 preparing subgrade for fill and structures Trenching for utilities, drains Excavation for footings , walls , foundations Ro ot l oss Ro o t lo ss I R oot Joss Cell -805.44 1 . .)'1 IS I Officc .F,:1,. -~0.5 .772.5400 17-01'en:n Sme1, Morro Bay, CA 93442 www .. lib{!t'firq i:!lnl I erbarfirst@sbC?~l o b al.net 1. 2. 3. 1. 2. 3. 1. 2. 3. 4. 5. of record should be consulted if adjacent tree removal is necessary ie: intertwined crowns. Before grading, root prune tree at edge of excavation to depth required . Spoil beyond cut face c an be removed by equipment sitting outside the dripline of the tree. Use retaining walls with discontinuous footings to increase the distance that natural grade is maintained from trunk. A void open trenching in root area. Tunnel under roots, if possible. If not, within root area, dig trench by hand, bridgi ng roots greater than 1 inch in diameter. This activity should be overseen by the Arborist of record. Consolidate utilities into one trench . A void continuous footings adjacent to trees. Use pier foundations with grade beam above grade instead of slab foundati ons. Orient piers to avoid major roots. Excavate by hand, bridging roots where possible. T his activity should be overseen by the Arborist of record . Where roots must be removed, cut cleanly with appropriate equipment (ie reciprocating saw). Do not use equipment that pulls and shatters roots (ie back hoe or trencher). This activity should be overseen B5 by the Arborist of record. Compaction of surface soils Unfavorable conditions for root 1. Fence trees to keep traffic growth; chronic stress from and storage out of root area. reduced root systems 2. Provide storage yard and traffic areas for construction activity well away from the trees . 3. Where traffic cannot be diverted, protect soil surf ace with thick mulch or steel plates. Impervious pavement over soil Unfavorable conditions for root 1. Minimize use of pavement surface growth; chroni c stress from within the dripline of the reduced root systems tree. 2. Maximize use of current technology re: pervious pavement options to reduce the level of soil compaction. Creating clearance for construction Wounding crown of tree 1. Fence trees to enclose lo w equipment branches and protect trunk. 2. Prune to minimum height required prior to construction. 3. Consider minimum height requirements of construction equipment and emergency vehicles over roads. 4 . All pruning should be performed by a Certified Arborist and conform to ANSI pruning standards. 5. H a tree is wounded, clean the site as soon as possible. The above i ssues are a general approach to common construction impacts to trees. In all cases, the Certified Arborist of record should be consulted prior to commencement of any excavation. The Tree Preservation I Tree Removal Plan specific to this proj ect shall be the plan by which the development progresses in respect to the remaining trees. Cell-805.441.3715 J Office-Fax-805.772.5400 170 Terra Street, Morro Bay, CA 93442 ~w w .arbo rfirsr . ..:om I arborfirst @sbcglobal.net B5 If you have any questions regarding the above, please do not hesitate to contact me directly. Sincerely, Robert Schreiber Certified Arborist #FL-0314A C ell-805.441.3715 I Office-Fax -805.772.5400 170 Terra Street, Morro Bay, CA 93442 ~arbqrfirst.c9m I arborfirst@sbcglobal.net B5 ---Wlllt.''S···rurn -,-C"at-~m e·- P.O. Box 1784 Templeton, CA 93465 Telephone : 805-434-9630 Fax: 805-434-9610 July 19, 2016 To: City of Arroyo Grande Public Works RE: 1029 Ash Street, Arroyo Grande, CA -Tree Assessment. Assignment: To assess three (3) red flowering gum (Corymbiaficio/ia) regarding general health and structure in relation to a proposed housing development east of the trees. Limits of inspection: This inspection was ground based only. Three trees along the west side of a the lot at 1029 Ash Street were marked with blue paint by the City of Arroyo Grande to see if any would be able to be retained in the landscape. I assessed each tree for overall heath and structure. My assessment was from north to south along the western border of the property. The following are my findings for each tree: Tree #1-The tree had a 55 inch DBH and height of approximately 65 feet. The foliage had healthy green color. No pests were observed. The trunk and roots of the tree appeared to be sound. A large scaffold branch on the east side of the tree had multiple, vertical, stress-fractures ranging between 1 and 4 feet in length. No significant Jean was noted. Tree #2-The tree had a 32 inch DBH and height of approximately 50 feet. The foliage had healthy green color. No pests were observed. The trunk and roots of the tree appeared to be sound. The tree is smaller than others in the stand making subordinate. At approximately 12 feet above ground is where two co- dominant branches originate. Between the co-dominant branches is an area of included bark, indicating weak attachments. Tree #3-The tree had a 36 inch DBH and height of approximately 65 feet. The foliage had healthy green color. No pests were observed. Minor signs of decay were beginning. Although there was callusing around the wound, full closure will take several years. At the base of the trunk on the west side there was also an older wound approximately 1 foot in diameter. Above the wound there was a stress fracture that appears to have occurred a few years in the past due to the callous developing near it. This tree also has a Jean of approximately 13 degrees to the west. Analysis & Recommendations: Tree #1 has major structural weaknesses in the scaffold branch on the east side of the canopy. In order to mitigate this haz.ard, a substantial section of the canopy (30% to 40%) would have to be removed. The tree would be aesthetically unpleasing at that point. Additionaly, i:e-growth branches at the cut points would be loosely attached and have a potential to fail toward homes proposed to be situated to the east. I recommend full removal of this tree. D2 Tree #2 is a smaller stature tree in comparison to the others surrounding it. It also has co-dominant branching structure with included bark. When other trees in the stand are removed, this tree will be exposed to prevailing winds and the co-dominant stems and possibly the roots will have more potential to fail toward homes proposed to be situated to the east. I recommend full removal of this tree. Tree #3 has two wounds at the base of the trunk with minor signs of decay. These wound areas are not likely to close over before significant decay becomes established and continues to weaken the base of the tree. At the north side of the tree, above the wound, there is a stress crack with some signs of callusing. The crack indicates that this tree shifted to the east at some point. Additionally, the tree has a lean of approximately 13 degrees. Based on the decay points, stress fracture and degree of lean, and the proximity of the tree to proposed housing, I recommend full removal of this tree. Sincerely, Rodney D. Thurman ISA Certified Arborist # PN-2684AUM D2 re 1· .. t i· f 1· e ct J\ r 'b o ..... 1· s ·t· -I) Pr'"' o -.... r· _, ..., .. . .... . .i -\ _ .1 . . ..... lJ I Prepared for: Garing faylor & . \s<;ociat~s Attention: Jefffmerick 1..J 1 South Elm Stre~t .\rroyo Grande, C'A 93420 July 23, 2014 Prepared B)': R0bert Schrcib\:r ISA Certified .\rburist 170 Terra St l\forro Bay, CA 9344~ 805-441-3715 ISA C1:rtified .'\rborist #FL-0314A D3 r e 1,.i-i f 1· r.. cl ,, r1"' o r 1· ~ 1-RP ·p ..... o 1 .. ·1- ·'.J t,. __ . e -.r .\.. J.J ~ ---.l "' ASSIGNMENT; 1his report is an expansion ufth\! original report issul!d April 7. ::!01-t-. It includes a site suney. tree num~t:ring and health analysis of Coastal I ,ive Oak tr.!es <Quercu5 agrifolia) in the propost!d construction project cm \acant land (l\P~ #'s 077-192-0~6 & 077-19:!-031) located in Arroyo Grand\!. CA. A tract map is attached as Figure 1 that shows the location of the seventeen (17) Coastal Liv~ Oak trees in qu~stion. PURPOSE: This report is intended for use hy the property owner. their agents and the City of Arroyo GranJe. The th~es have been tagged with numbered discs from #1 sequentially thru #17. Their location is indicated on the above referenced tract map. These numbers correspond to the below descriptions anJ. assessments of each tree. The Diamet~r at Standard Height (DSH) is a standard method of expressing the diameter of th\! trunk or of a standing tree. The measurement is taken at 4 .5 · from ground level. In the instance '!\'here there are co-dominant leaders. the measurement is a combination of the leaders and expressed as one numb~r. TREE HEALTH ASSESSMENT; #1. Species -Coastal Live Oak [3 co-dominant leaders -DSH 64S>] I General Condition-Good I Color -Good I Comm1.•nts -the tree has appro"<imately 13 % deadwood; some lower branche5 have been prc,iously removed and most of the wounds are healing; some of the wound5 will not fully heal as the 1'ranch rcmo\'al \\as not done correctly; suggest removing some end weight from 1'ranches with no taper to minimize stress on attachment to trunk [:see Figure 2]. #2. Species -C<'astal Lh \! Oak [DSH 1 Cf'] I General Condition -Fair I Color -Good I Comment~ - the tree has approximately 17% dead\\ood: stub from branch removal should be removed at the collar to allow for complete healing; suggest removing some end weight by cutting back to lateral~; evidence of bug infestation and po~sible iron chlowsi<> due to possible high ph in the soil i:> evidenced b) bro\\n spots and yeJlowing of leaves [see Figure 3]. g3. Speci~s-Coa~tal LiYc Oak [DSH l·f'] I General Condition · -Fair .' Cvlor-~.!W sho.ut grov.ih Good -Old s.hoot grov.:m Fair I Commi!nts -tht! tree has approximately 17% Jl!auv. ood; e\. idence of hug infrstation and possiMc iron chlorosis due to ro~'>ible high ph in the soil is ..:viJcnced by brown spots and )-:llu\\ing ofJeav~s [s..!e Figure -~l 'LJ.. !'-lpet:ies -l.\.>asfal I .i\·~ Oak [2 co-dominant h::ad\.TS · D8H l 1.r'j · Gcn~rJJ Condition Fair Cohx -:\e,\· ~hoot ~1 ro\.\th GooJ Old shoot grov.lh f-air ('omm~m '\ -·the tr~e has :ippro'<imatd~ ~of 13 D3 7°'o de.ld\.vood: i:\ idencc 0f bug infec;tation and p0:>sible iron chloro sis due tu possibk high ph in th~ soil is e\ iJenceJ. by bro~n spots and yeHowing of kaY1..·s bee figure 4]. :"f5 . Species --Coasial Live Oak [D ."iH 23"1 'General Condition-Fair Color-Good, Comment<; - the tr~e has approximately 5% dc:ad" ood: then~ is an approximately fourteen inch ( 14" l ca\ ity at the bas~ of the trunk on the ea<;t l)idc of the tr~e from a calloused o\er wound caused by cutting too close -th ts would \"ill not heal over as a result; e\idence of hug infestation and possible iron chlorm;is due to possible high ph in th~ s01l is e,·idencl.!d by bro\\n :spots and ydlo\\ing of leaves [ St:e Figur~ .+]. #6. Spcciec;-Coastal J.ive Oak [2 co-domin.:lilt leaders-DSH 60.25 .. ] .; Ge11eral Condition-Very Poor ,' Color -Good ' Comment.. -the tr~~ has approximatdy 15% d~adwood; there are at least St.'' en ( 7) ca\ ities visible from the ground that were the r1.·~11lts of breakage or improper pruning that will not heal; there are three (3) cavities measuring appro"(imately twenty-tv.o inches (22"). eighteen inches (18.') and tv.cnty-four inches (2-i.')) deep [s~e figure 2 below]. 1hey are located at the cent~r of the trunk at the base, in the center of the root flair and at the beginning of the missing branch wound r~pectively; this tree is an cxt:cme hazard and should be removed immediately as it poses a threat to persons in its' proximity [see figure 4 & 51 #7. Species-Coastal Live Oak LDSH 15.25''] I General Condition-Very Good I Color-Good/ Comments -the tree has approximately 15% deadwood: e\.idenc\! of bug infestation and possiMc iron chlorosi~ due to possible high ph in the soil is evidenced by brown spots and yellov. ing of leaves [s~e ligure 4]. #8. Specie~ -Coastal live Oak [DSH 19") I General Condition-Good I Color-Good I Comments -the tree has approximately 4% deadwood~ evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil j s eviden~d by bro\\ n spots and yellowing of leaves [see Figure -l]. #9. Species -Coastal Live Oak [DSH '.:!O. 75"] I <Jencral Condition -Good .1 Color -Good I Comments -the tree has approximatd)' 5°,o deadwood: eYidcnc~ of bug infestation and possible iron chlorosis du.: to possible high ph in the soil is evidenced hy bro\\11 spots anJ yellowing of leaves [sec Figure 4]. # 10. Species -Coastal Lh c Oak [2 co-dominant lcad~rs -'.:!3 .5 .. ] I General Condition -Good / Color -<Jood /Comments -th\! trei! ha.~ approximately 5% d~ad,\ood; ~videncc of bug infcstatiun and possible iron chlorosis due to po~siblc high ph in th..! soil is e\•idenced by bro\\n 8pots and yellowing of lt!ave~ [see Figure 4). # 11. Sp\.!cies -Coastal Live Oat.. [DSH 17 S'] :' Gcu 0ral Condition --Gflod ! Color -Good ;· Comments -th..: tree has appro"<imatdy 6% deadW\lOJ: <\tuh s0unding was hollo\.\ -~uggcstion 10 r~movc at th~ branch collar to allow fur proper h~aling: e\ id~nc~ of bug info::-.i:atiun and possihle iron chlurosis due to p0!'~ibk high ph in the soil is ~vid.:::nc..:J by brov.n ~pot~ a nd y cllowin;; of k~n ·es [~~I.! l'igurl! ·lJ. D3 1 12. ~pl!d.!~ -Co:.Ntal Li Ye .03k [3 co-domin . .mt lead\!rs -Oi:\H tiO"] · G..:nl:ral lundition V .!~ P oor .· Color -Puor, C'0mn1~nts-the trc\! is <)7% Ji...:a<l and portions haye tiecn rcmowd; \.,,\ id~ncc of possible Oak Root fungus; foliage that is pre.'lent is only li\ ing off of sug3f stored in th~ sap wo0d an<l nut from gro~1h of the trc.;; Lhi~ trc~ ~hould he rt:moved immcdiatdy [s~e Figure 6]. #13 . Species-Coa~tal LiYe Oak p cu-dominant leaders -DSH 29 .75'1 i' General Condition -Vel) Good /Color -GooJ /Comments -th1..· tree has appro:ximatel) 8% deadwood: suggest rcmuYing ~orne end weight and pruning to allow light to the interior of the tree [5ee Figure 71. #J-L Specil!s-Coast:il Li\e Oak. [2 c;.o-dominant leaders -· DSII '.!9.5" / General Condition -Good I Color-Good i Comm~nts-the tree ha~ approximately 15% d\!aJwood: ~Yidence of bug infestation anJ possible iron chloro~is Ju~ to possible high ph in the soil is evidenced by brov..n spots and )ellowing oflea\.c-~ [set! Figure 8]. #15. Species-Coastal LiYe Oak (3 co-d<lminant leaJcrs-DSH 285''] I General Condition-Good i Color -Good ! Corumcnt5 -the tree has approximately 15% deadwood; there are tv..o (2) leaders (21" & 8'·1 at DSH (4.5'): evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brov..n spots and yellowing ofleaves [see Figure 9]. #16. Species-Coastal Live Oak [DSH 9.5) I Gent=ral Condition-Good I Color-Good I Comments -the tree has approximately 15% deadwood; the tree is a poor under story tree [see Figure 10]. #17. Species -Coas~al Live Oak 2 co-dominant leaders~ DSH 25'] I General Condition -Good I Color-GooJ I Comments-the tre~ has appro~mately 14% deadv..ood: there are four (4) leaders tl8". 13"~ 8 .. & 7.5'") at DSII ( 4.5'); evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and }ellowing ofl~aves [see Figure 11). ANALYSIS AND DISCUSSION: Proposed construction plans have been designed to incorporate a priYate driveway utilizing paver'> as well as construction of single family resid\!nc~s. The following issues ha\·e been addres~d as requc~ted: Grading fill over root zones of trees 1he Critical Root :tones (CRZ) arc dl'l!as where feed.:r and ~tructural roots are located und~r and around a tr(·c. Th\! extent of the CR7. is usuall) mcasurl!d as 12 inches in radius for each 1 inch of Di£tmcter at Standco·J Hei~lzt (DSI I). Grading that is propo5~d "ithin the drip line of the tr\!cs should be monitored b~· the Arbori~t ofR~cord. H::md cxcarntion whe:n .. : rout;.; ar~ pr~Yalent ~hould ~e done. Roots OY.:r 1" in diamder within th~ CRZ thttt are to b.: r~moved shciuld be hand pruned ledYing no br.:aks or fray~J ~dgcs. Grading till appli~d vdthin th;.: C'RZ should bt: .. upen.is..!d b) the.: \rborLst of Record. Th~ tru~t m~p a:> currently C'<-i~ts do~s not cont~mplati: fill ~ompactinn v;ithin th~ CRZ of rh0 pr0p\i.:i.:d lots. -l of D D3 impact to trees within and adiacent to drivel\aY area l he tract map cl') curn:ntl) present~d iPdicat~J tht; n.:mO\ al ot tree i.; I 1. R~comm~ndations contained h~rein call for the r~mu' al ~1f tri::~ #6 : se~ Tree Health :hsessment for tn:~ #6 aboYe). Plari"i in<lfoat\! that the drheway is to be constructed of pav\!rs (allo\.\ing for dr.iinage) over base. 1bl! construction of this driveway should foJlo\\ th\! above referenced protocols for protection of roe ts \\ ithin the CRZ. If r0ot~ larger than 1 ·· in diameter are disco\ ered t<l be within the driYcway. they shuuld be evacuated 8nd prokcted fmm compaction by the Arhorist of Record. Trl)CS \\hose d1ip lines o\.erhang th~ drhtmay c;hould be skirted to l·L This v.il1 allow al:C-!:SS for l)mcrg~nc~ vehicles as well as aIJo\\: for a syst~matic pruning of the trees that have bet:n neglected over time. Con~truction ~itbin oak tree root zones As a general rule . construction within the CRZ can take place given a proper Site Tree Protection Plan is impl~mented. This plan :should include, but not be limited to: locating roots to be pruned prior to commencing construction; hand pruning roots over 1" in diameter v.-ithin the CRZ; r~view of deep excavations by certified arhorist of record for proper handling of roots exposed. Other factors also can influcn<'e the extent to which a tree can tolerate injury to their roots. Age, health and vigor V\.ill play a major role in ho\l\. a tree reacts to construction activities. Additionall), pruning to correct imrn~p\!r pre\ious pruning and neglect of the remaining trees would result in the improvement of their overall health. The construction activities as proposed coupled V\.ith the recommendation for removal of trees #6 & #12 would not have advcrs~ effects on the remaining trees. Access to Lot 7 and impact to trees The i~sue of access to Lot 7 has been addressed in section Impact to trees within and adjacent to driveway area above. Fencing impacts on property line~ This is out~ide the scope of a C'crtitieJ Arborist Fencing impacts on property lines need to be addressed with the d~veloper. Trees located across multiple lots Ba:;~d upon wrrent tract map, in no instance will trees ~hose drip linec; cross multiple lots have 33% of their root zones impacted b) proposed construction. CONCLUSION AND RECOMMENDATIONS: Removirig trees is a <liffi~ult decision when tlt:vdoping property. Sa\ ing c\ery tree is not al•.\a y<.; poss ible, hut pr~s~n ing trc\!s that ha\ e the bt:..;t chance ror sun·i-v:il i-; a Yitai part of a m:w project. , \ prop~rly d..:-;ign..:J Tr~e Protl.!cti1)n Plant I PP) balances the requir..:.rm:nt;:; 1Jf construction and di!\ .:lormcnt \\ ith appropriate tree and natural r .... sourc~ protection. 1 h~ I PP ~0mplem\!nts th\: l~gal fram~v:ork 11flocal trl.!i..-ordinarn.:t::s anJ l:nsuri.::s that trl.!\! m~1nag\:rn.=nt Juring ~1..mstructi<•n i ~ 5 ('f 13 D3 condu\!tcd in a mann~r that is bl.)ndicial for both the gl.'ncral \\dfar~ l'f th.: public and the urban f0re~t. If thr.: ab°'.;: mitigation rnl.)asures ;.ire follv\\ eJ. \.\e ft:el that th~r..:! will h~ no ](Ing-term significant a1.h \!rse impact to the r~taincd Coastal ti\ c Oaks. Sincerely, R0bi;.1rt Schreiber 6 ofl3 D3 figure\ T ., ··-·---·----···.~ ... , -·-··.., -·--. ----.. ·-·~---... ,. ... ~- ~ '\' . ., 5 • '(., I • I ' 9 - ~~· '+ .... • "!" "" ·r.' 0~ I 'N \.' ·-,: "' ···~ () tt -.-\~ . .:i.. i..~-·----.. '--11:.-. ·-·-· ._,.., __ ;..._~· -· .. ~ .. ~ .. -·-' ----------- 7 ot 13 D3 Flgnre 3 R of 1:; D3 \)pf B D3 Figure b IU of 13 D3 ngurc 8 figure 9 11 uf 13 D3 D3 TEP.J'11iS .;)F ASS1GNl\t1ENT The following terms and conditions apply to all oral and wri:ten reports and conespond~noe pettainhg to ibc consultations inspections and activities of Arbor First; I • All property lines and ownership of property, trees, and landscape plan~ and fixtures are assumed to be accurate and reliable as presented and described to the consultant, either verbally or in writing. The consultant assumes no responsibility for verification of ownership or locations of property lines, or for results of any actions or recommendations based on inaccurate information. 2 . It is assumed that any property referred to in any report or in conjunction with any services iw.rfonned by Arbor First, is not in violation of any applicable e0des, ordinances, statutes, or other governmental regu1ation8> and that any titles and ovmership to any property are assumed to be good and marketable. Any existing liens and cncwnbrances have been disregarded, and any md all property is appraised and/or assessed as though free and clear, llDder responsible ownership and competent management . 3. All reports and other correspondence are confidential and are the property of Arbor First and its named clients and their assigns or agents. Possession of this report or a copy thereof does not imp]y any right of publication or use for any puipose. without the express permission of the consultant and the client to whom the report was issued. Loss, removal or alteration of any part of a report invalidates the entire appraisal/evaluation. 4. The scope of any report or other correspondence is limited to the trees and conditions specifiCally mentioned . in those reports and corre.spondence. Arbor Fir.st and the cionsultant assuw.e no liability for the failure of tr~ or part$ of trees, either ·inspected or otherwise. The consultant assumes no responsibilif;y to report on the condition of any tree o.r landscape feature not speafically requested by the named client. 5. All inspections are limited to vi~ examination of accessi"ble pans, without dissection,. excavation,. probing. baring or other inva.Sive procedures, unless otherwise noted in the report, and reflect the condition of those items and features at the time of inspection. No warrantee or guarantee is made~ expressed or implied. that problems or deficiencies of the plants or the property will not occur in the future, from any cause. The consultant shall not be respoosible for damages caused by an} tree defects, and assmnes no responsibility for the correction of defects or tree related problems . 6. The consultant shall not be required to provide further documentatio.'l. give restimony, be deposed, or to attend court by reason of this appraisal/report unl~ subsequent contractual arrangements are made, including paymeot of additional fees for such serVices as described by the consultant or in the fee schedules or contract. 7. Arbor Fitst makes no wammtee, either expressed or implied, as to the suitability of the in.fmmation contained in any reports or (;()I xespondc:nc:c, either written or verbal. for any particular purpose. It remains the responsibility of the client to determine applicability to his/her particular case. · 8. Any report and the values. obscnati~ and ~cndations expressed therein represent the professional opinion of the consultant ao,d the fee for services is in no manner contingent upon the reporting of a specified value nor upon any particular finding to be reported. 9. Arty photograp}J,s. di88MJDS, graphs. sketches. or other graphic material included ia aey report. being intended solely as visual aids. are not necessmily to scale and should not be construed as engineering repms er surveys, unless otherwise noted in the report. Any reproduetians of graphic material or the work produet of any other persons is intended solely for the purpose of clarification and ease of reference. Inclusion of said information does not constitute a representation by Arbor First or the consultant as to the sufficiency or accuracy of that information. l 0. Payment terms are net payable upon receipt of invoice. All balances due beyond 30 days of invoice date will be charged a service fee of 1.5 percent per month (I8 % APR). All checks returned for insufficient funds or any other reason will be subject to a $30.00 service fue. Advance payment of fees may be required i.n some cases. D3 October 26, 2015 Ronald G. Reilly Garing, Taylor & Associates, Inc . 141 South Elm Street Arroyo Grande, CA 93420 RE: TRACT 3054 Dear Mr. Reilly: In previous site monitoring, we have had to prune roots after excavation. Any roots greater than one inch ( 1 ") [ previous norm was 2" but has subsequently been changed to l "] are clean cut to no frayed edges or cracks to prevent fungus from forming. Current literature and industry experts agree that this is the proper methodology for handling construction under driplines of trees. Depending on percentages of root loss, a whole tree health program can be introduced. Monitoring these roots has proven that they do very well healing. Sincerely, Cell -805.441.37 15 I Office-Fax-805.772.5400 170.T erra Street, Morro Bay, CA 93442 www.arbrnfirs t.co m I arborfirst@s bcglobal.net G1