Agenda Item Wording:
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Appeal to revoke the approved Oak Tree Removal Permit #21-146 to remove a Valley Oak tree located at a private residence at 1825 W. Manor Dr.
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Deadline for Action: 11/15/2021
Submitting Department: Community Services
Contact Name and Phone Number: Joel Hooyer, Park and Urban Forestry Supervisor, 713-4295, joel.hooyer@visalia.city <mailto:joel.hooyer@visalia.city> Alvin Dias, Parks and Facilities Manager, 713-4564, alvin.dias@visalia.city <mailto:alvin.dias@visalia.city> Jeremy Rogers, Community Services Director, 713-4042, Jeremy.rogers@visalia.city <mailto:Jeremy.rogers@visalia.city>
Department Recommendation:
It is recommended that Council deny the appeal and approve Oak Tree Removal Permit #21-146 for the removal of the 33-inch DBH (Diameter at Breast Height) Valley Oak located at 1825 W. Manor Dr. In denying the appeal, Council would be upholding the Community Services Department’s written recommendations of approval, dated October 18, 2021, based on the certified arborist’s assessment and in accordance with the provisions of the City Council adopted Oak Tree Ordinance.
Background Discussion:
The Community Services Department received an application for the removal of a Valley Oak tree located at 1825 W. Manor Dr. (See attached Oak Tree Removal Application with engineer’s assessment)
The request for the removal of the Valley oak tree states the tree is leaning 100 percent over the house and poses a significant danger to the structure and its contents. The City Arborist reviewed the engineer’s report concurs that the tree could be a high risk to cause structural damage to the home.
The site inspection determined that the tree is located in the northeast corner of the property approximately 4 feet south of the north property fence, about 5 feet south of overhead communication lines, and 12 feet east of the home’s carport. There are several larger branches overhanging the home’s roof.
Through a site inspection, it was concluded that the Valley oak tree is just northeast of the home and in close proximity to pre-existing improvements. The tree is a 33-inch in Diameter at Breast Height (DBH) Valley oak that is about 58 feet in height and 46 feet in canopy spread. The balance of the tree seems to be 100 percent to the southwest. The Oak tree’s roots, root collar and trunk appear to be healthy. The crown has an approximate 4-inch in diameter dead branch, a woodpecker hole in an approximate 6-inch in diameter branch stub, a few dead twigs, and what appears to be some larger overleveraged branches.
In conclusion, the Valley oak tree is just northeast of the home and in close proximity to pre-existing improvements. The opportunity for the Valley Oak tree to lose a limb, or large branch, is of high concern considering its proximity to the home and carport, and the 100 percent growth lean to the southwest over the home.
On October 15, 2021, the City Clerk received a letter from Annie Silva, a Visalia resident, appealing the removal of the Valley Oak tree located at 1825 W. Manor Dr, stating the Valley Oak tree appears to be healthy.
(See attached letter)
The applicable City Ordinances that qualify this tree to be removed:
Visalia Municipal Code section 12.24.020 Definitions:
As used in this chapter, the following terms are defined in this section:
“City Manager” means the city manager of the city or his or her designated representative.
Visalia Municipal Code section 12.24.035 Removal Standards:
No removal permit shall be granted pursuant to section 12.24.030 of this Chapter unless the city manager determines that substantial evidence supports one of the following four findings:
A. The general health of the oak tree warrants removal. A removal permit may be granted based on the health of the tree only if one of the following tests can be satisfied:
3. Protection of pre-existing improvements that have been interfered with by the oak tree, or otherwise allow the reasonable enjoyment of private property.
4. The oak tree is causing damage to a dwelling, building or structure, including foundational support for same, and/or damaging the essential utilities servicing the dwelling, building or structure. A professional evaluation by a certified arborist, licensed plumber, landscape architect or structural engineer detailing the damage being caused shall be required as part of the application for removal permit identified in Section 12.24.030.
Based on the aforementioned reasons and the following applicable sections of the Oak Tree Ordinance, staff recommends denial of the appeal.
Fiscal Impact:
N/A
Prior Council Action: None
Other: N/A
Alternatives: Approve the resident’s appeal to deny Valley Oak tree removal permit #21-146 of the Valley Oak tree at 1825 W. Manor Dr.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to deny the appeal and approve Valley Oak tree removal permit #21-146 to remove the Valley Oak tree located at the address of 1825 W. Manor Dr based on the City’s Arborist’s Tree Risk Assessment and applying the assessment/evaluation to the removal standards outlined in the City of Visalia’s Oak Tree Ordinance No. 12.24.035.
Alternative: That Council uphold the appeal and deny Valley Oak tree removal permit #21-146 of the 33-inch DBH (Diameter at Breast Height) Valley Oak located at 1825 W. Manor Dr, Visalia CA.
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Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Copy of the Valley Oak tree removal permit #21-146, Oak Tree Ordinance, Oak Tree Removal Application, letter from professional engineer Jason M. Scott, Ms. Annie Silva Appeal Request, Appeal Notice to Property Owner.