Agenda Item Wording:
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Property owner appeal to revoke the approved Oak Tree Removal Permit #23-19 to remove a Valley Oak tree located at APN: 000-015-509 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.
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Deadline for Action: 6/19/2023
Submitting Department: Community Services
Contact Name and Phone Number: Alvin Dias, Parks and Facilities Manager 713-4564, alvin.dias@visalia.city <mailto:alvin.dias@visalia.city>
Department Recommendation:
It is the Community Services Department’s recommendation that the City Council deny the appeal and approve Oak Tree Removal Permit #23-19 for the removal of the 24-inch DBH (Diameter at Breast Height) Valley Oak tree located at APN: 000-015-509, Visalia CA, upholding Community Services written recommendations of approval, dated May 15, 2023.
Background Discussion:
The Community Services Department received an application for the removal of a Valley Oak tree located at APN 000-015-509 (see attached Oak Tree Removal Application). The request for the removal of two Valley Oak trees states the trees will be removed for the construction of a new block retaining wall, installation of public utilities, and street construction for the Sequoia Bend residential subdivision. A site inspection conducted by Community Services Department staff determined that the tree under appeal is located near the southeast corner of parcel APN: 000-015-509. The tree is near the property line and growing into the chain link fence.
Tree Inspection Findings: The Valley Oak tree is a 24-inch in Diameter at Breast Height (DBH) and is about 45-feet in height and 25-feet in canopy spread. The Valley Oak tree appears to have never been pruned or maintained. The Valley Oak tree’s roots, root collar, and trunk appear to be healthy, but are encroaching directly in the area of future public utilities and local street. The Valley Oak trees crown appears to be healthy with normal growth with limbs overhanging into both properties.
Based on staff’s site inspection of the Valley Oak tree, the tree growing into the chain link fence, and the Valley Oak trees location that precludes the construction of a new block retaining wall, installation of public utilities, and future street construction for the Sequoia Bend residential subdivision, staff issued the permit thereby permitting the removal of the Valley Oak tree.
As a result of issuing the Valley Oak tree removal permit, on May 23, 2023, the City Clerk received an email and letter from Gonzalo Landaverde, an attorney with Williams, Brodersen, Pritchett, Burke, and Ruiz LLP representing Mr. David C. Wendt appealing the removal of the Valley Oak tree. Per the attached appeal letter, Mr. Landaverde states the Valley Oak tree was improperly noticed with the Intent to Remove posting and that the Appellants were not provided documentation regarding the City of Visalia’s approval of the tree removal application (see attached letter dated May 23, 2023).
Removal Standards for Valley Oak Trees:
The removal of Valley Oak tress is clearly defined in Chapter 12.24 Oak Tree Preservation ordinance. Under Sections 12.24.030 and 12.24.035, the City Manager or their designee, may issue the approval of the permit if substantial evidence supports one of the findings as outlined in this section. As defined in 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.” The four findings as defined in Section 12.24.035 are provided in the attached Oak Tree Ordinance.
The findings to support the removal of the valley oak tree is based on Section 12.24.035.C.2 and 12.24.035.C.3, which states:
C. Urban forestry or land management practices warrant removal of the oak tree. An oak tree may be removed based on urban forestry or land management practices if one of the following conditions exist:
2. Removal of the oak tree will not be detrimental to the general public because the number, species, size, and location of existing trees in the area offset the removal of the oak tree, and the removal will not have an adverse effect on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the city as a whole.
3. Removal of the oak tree is consistent with good urban forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.
Staff determined that the findings under Section 12.24.035.C.2 and 12.24.035.C.2 are met, and Oak Tree Removal Permit #23-19 can be issued. The basis for this is due to the number of Valley Oak Trees present in the area along Mill Creek, and that the applicant will be installing several Valley Oak Trees as part of the development’s landscaping along Mill Creek to mitigate the loss of the valley oak tree to be removed per the request.
Based on the information contained in the report, and the findings being met to issue the oak tree removal permit, staff recommends the City Council deny the appeal.
The removal of Valley Oak tress is clearly defined in Chapter 12.24 Oak Tree Preservation ordinance. Under Sections 12.24.030 and 12.24.035, the City Manager or their designee, may issue the approval of the permit if substantial evidence supports one of the findings as outlined in this section. Based on the information as provided above, the applicable City Ordinances that qualify for the removal of this Valley Oak tree are as follows:
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:
C. Urban forestry or land management practices warrant removal of the oak tree. An oak tree may be removed based on urban forestry or land management practices if one of the following conditions exist:
2. Removal of the oak tree will not be detrimental to the general public because the number, species, size, and location of existing trees in the area offset the removal of the oak tree, and the removal will not have an adverse effect on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the city as a whole.
3. Removal of the oak tree is consistent with good urban forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.
Based on the aforementioned reasons and 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 appeal by Mr. Wendt to deny Valley Oak tree removal permit #23-19 of the Valley Oak tree at APN 000-015-509.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to deny the appeal and approve Valley Oak Tree Removal Permit #23-19 to remove the Valley Oak tree located at APN: 000-015-509 based on the City’s Arborist’s Tree Risk Assessment and applying the assessment/evaluation to the removal standards as outlined in the City of Visalia’s Oak Tree Ordinance Sections 12.24.035.C.2 and 12.24.035. C.3.
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Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
• Copy of the Valley Oak Tree Removal Permit #23-19,
• Oak Tree Ordinance, Oak Tree Removal Application,
• Letter from Mr. Ladaverde attorney at law,
• Site Map,
• Posting Photos.