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HomeMy WebLinkAboutTC Agd Pkt 2010-04-07 (2)4154896620 o ° sw Do* April 1, 2010 Ms. Linda Tilton The John Stewart Company 1388 Sutter Street, 11th Floor San Francisco, CA 94109 Dear Ms. Tilton: SUBJECT: Tree Removal and Replacement The Hilarita Project No. 121-44246 Tiburon, California 15:24:38 04-01-2010 2 /10"+o U.S. Department of Housing and Urban Development San Francisco Regional Office - Region IX 800 Harrison Street, 3nd Floor San Francisco, California 94107-1387 LAT,E MAIL# Pgw I This letter is in response to your inquiry regarding any restrictions HUD may have on the type of trees, or species of trees which may not be removed or replaced. HUD does not offer any guidelines or restrict types of trees which may not be removed. If any restriction is imposed, it would likely be at the local government level, such as a city ordinance. HUD requirements when plants, trees or shrubs are . contemplated for replacement or at initial planting are based on project need, such as for shade; or if a shrub is obstructing a walkway, we would require trimming or removal; if trees are shedding leaves into gutters and roof tops, we would require trimming or cutting branches back away from buildings. Of course, you should always keep in mind the aesthetics of the new trees being placed and when appropriate, trees from the same or similar habitat as those being replaced should be used; this would be in keeping with the original design and concept of the original landscaping. I hope this information is helpful. If you have any further questions, please feel free to contact me at (415) 489-6630. Sincerely, 94L~ ~0 Jean Cassimus Project Manager, Asset Manager San Francisco Multifamily Hub LAW OFFICES RIFKIND LAW GROUP 100 B DRAKES LANDING ROAD, SUITE 260 REAL ESTATE LEONARD A. RIFKIND GREENBRAE, CALIFORNIA 94904 LAND USE THOMAS C. TAYLOR, JR.* HMANSEL TEL (41 5) 785-7988 • FAX (41 5) 7B5-7976 BUSINESS LAW WWW.RIFKINDLAWGROUP.COM ESTATE PLANNING ~r 1 LATE MAIL # April 1, 2010 nil VIA HAND DELIVERY ECE~y E Mayor Collins and Members of the Town Council APR - 12010 Town of Tiburon TOWN CLERK 1505 Tiburon Boulevard TOWN OF TIBURON Tiburon, California 94920 Re: Appeal of Tree Removal Permit for 100 Ned's Way, File 2009-31 Dear Mayor Collins: Our office has been consulted and retained by 42 residents of the Hilarita Residents Association (the "Residents") regarding the referenced matter. We represent the Residents on a pro bono basis. The Residents seek to preserve the trees at issue because they provide privacy, shade, wind break, and reduction of vehicle noise from Tiburon Boulevard. Removal of protected heritage trees will give the property a barren look. We respectfully request a continuance of the April 7th hearing because I will be out of town that day. Unfortunately, because I am currently a member of the Larkspur City Council, I cannot attend public hearings on first and third Wednesday evening of each month, which are the regularly scheduled meetings for Larkspur's council. (Of course I am representing the residents in my private capacity as a land use lawyer). If a specially set hearing is possible that would be appreciated as this issue is of significant importance to the Residents of the Association. The Residents Oppose Removal of Any Heritage Trees. The applicant, Hilarita Tiburon Eucemenical Association ("Association") seeks to remove six blue gum eucalyptus globulus trees ("Blue Gums") all of heritage size, and replace same with 24 inch box size Lophostostomon conferta ("Brisbane Box") trees. The replacement trees will take years to provide the same screening and privacy. The applicant submitted a long term plan to address removal of the remaining 40+ Eucalytus Globulus Compactus ("Dwarf Blue Gums") trees as well. In November 2009, the Association violated the heritage tree ordinance by extensively altering and topping three of the six heritage Blue Gums. The Association should not be rewarded by being permitted to remove trees in violation of Town Law. Historically, this grove of trees had a Mayor Collins and Members of the Town Council April 1, 2010 Page 2 of 3 nice presence arising from their interesting shape and strong structure. Separately, the Association seeks to remove three Monterey Pine additional trees near Ned's Way intersection. Ultimately, the Association's plan to removal all eucalyptus will be dramatic and will have a significant effect upon all Residents residing at 100 Ned's Way. Taken together the cumulative and piece-meal effect will be devastating to the streetscape scene. Section 15A-6(c)(1) of the Town's municipal code sets forth the required findings to remove a heritage tree. (1) The condition of the tree with respect to disease, hazard, proximity to existing or proposed structures or interference with utility services. Comment: The trees are healthy except as damaged by the Association in November 2009. (2) The necessity of removal or alteration of the tree in order to develop the property. Comment: Existing trees provide a benefit to a developed property. (3) The topography of the land and the effect of tree removal or alteration on protection from wind, soil erosion or increased flow of surface water. Comment: Mature trees always provide a benefit of a wind break, and prevent soil erosion. (4) The number of trees in the neighborhood, and the effect of removal or alteration of the tree on the character of the neighborhood, including privacy impacts on neighboring properties. Comment: Removal will have significant privacy impact for years to come. (5) Good forestry practices; i.e. the number of healthy trees that a given property will support. Comment: These will remain healthy with maintenance, not removal. (6) The historical significance and age of the tree. Comment: Many areas of the Tiburon/Belvedere Peninsula have large areas of eucalyptus trees, many of which were planted more than 100 years ago. Based on the preceding, findings cannot be made to permit removal of any of the Blue Gums at issue. This Project Requires CEQA Review. Staff suggests this Project is exempt from CEQA pursuant to Guideline 15304. 14 Cal.Code of Regs. Sec.15304. This exemption relates to minor changes in the conditions of land, water or vegetation. Section 15304 applies if the Project does "not involve removal of healthy, mature, scenic trees The antithesis is true here; the Association has damaged and injured healthy and mature trees and now seeks their removal along with eventual removal of all other trees on the property. See Pub. Resources. Code sects. 210835 210841, 21087. Mayor Collins and Members of the Town Council April 1, 2010 Page 3 of 3 Conclusion. Findings cannot be made to support removal of the three Blue Gums at issue. This is a case for maintenance, not removal. Respectfully submitted, RIFK LAW GROUP By: Leonard A. Rifkind To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting April 7, 2010 Agenda Item: / Subject: 100 Ned's Way (Hilarita Apartments): Appeal of the Design Review Board's Conditional Approval of a Tree Permit Authorizing the Removal of Six Blue Gum Eucalyptus Trees; File #T2009-31; Hilarita Tiburon Ecumenical Association; owner and applicant; Victoria Tuorto, a lant; Assessor's Parcel No. 058-151-39 Reviewed By: j PROJECT DATA Address: Assessor's Parcel Number: File Number: General Plan: Zoning: Current Use: Owner: Applicant: Appellant: BACKGROUND 100 Ned's Way 058-151-139 T2009-31 VH (Very High Density Residential) RMP (Residential Multiple Planned) Multi-family Housing Complex Hilarita Tiburon Ecumenical Association Hilarita Tiburon Ecumenical Association Victoria Tuorto On November 12, 2009, the Hilarita Tiburon Ecumenical Association (HTEA) applied for a tree permit requesting the removal of six blue gum (eucalyptus globulus) trees amidst a row of approximately forty (40) trees located along the Tiburon Boulevard frontage of the Hilarita Apartments. Due to the level of public comment on the application, it was referred to the Design Review Board (DRB) for review and action. The DRB considered the item at meetings on January 21 and March 4, 2010, and conditionally approved the tree permit application at the latter meeting. A copy of the DRB resolution conditionally approving the project, and its Landscape Replacement Plan as modified by the Board, is attached as Exhibit A. On March 11, 2010, the appellant filed a timely appeal, attached as Exhibit B. PROJECT DESCRIPTION A detailed description and analysis of the project can be found in the DRB staff reports from the January 21 and March 4, 2010 meetings; said reports (along with late mail and exhibits) are TOWN OF TIBURON PAGE 1 OF 4 attached as Exhibits C and D. Adopted minutes for the two DRB meetings at which the item was heard are attached as Exhibits E and F. The six trees proposed for removal are marked with yellow caution tape. GROUNDS OF THE APPEAL There are four grounds upon which the appeal is based. These are listed below with a staff response following: Ground #1: The project does not fit the CEQA exemption category and needs an Environmental Impact Report. Staff Response: Staff stands by its finding and that of the Design Review Board that an exemption from CEQA is appropriate and that an environmental impact report is not required. The Town has processed more than 450 tree permits over the past 18 years and has yet to encounter an instance where an EIR has been required. The CEQA exemption utilized for nearly all tree permit applications is broad and requires that trees proposed for removal are both mature and scenic. Staff and the Board concluded that the subject trees, while obviously mature, did not meet the scenic criterion. Few blue gum eucalyptus trees within the Town, unless they possess broad community significance (such as the "Hippie Tree" off Rock Hill Road, or the eucalyptus massive groves of the Vista Tiburon and Cypress Hollow subdivisions) would rise to a level of scenic significance. The appeal also asserts that use of the exemption impermissibly piece-meals the project. However, the record and the approval itself make clear that only the six trees that are subject of the application are authorized for removal. HTEA representatives repeatedly stated that there were no plans to remove living eucalyptus compactus trees in the foreseeable future; only to periodically trim them. The appeal also asserts that a fair argument can be made that the removal will have a significant effect on sensitive receptors, including aesthetic, dust, exhaust fumes, relief from sun and heat, and noise impacts. No evidence has been presented to support a reasonable argument that removal of the trees would result in significant aesthetic, noise, dust, exhaust or sun/heat impacts. While the staff report concluded that a few of these characteristics would come into play, there was no evidence presented that the impacts would rise to a significant level. A dense row of eucalyptus compactus trees will remain, as well as new replacement trees on a 3-1 basis. Ground #2: The recommended replacements will not take root because of the extensive root system from the Eucalyptus. Staff Response: There has been no substantial evidence presented to support this contention. However, material submitted by the appellant (see Appeal attachment 8), which was authored by a recognized tree expert in Marin County, indicates that eucalyptus globulus trees are "a shallow- rooted species". Furthermore, the Tree Replacement Plan, prepared by a licensed landscape architect, D. J. Johns, depicts and describes the necessary soil amendment and planting preparation. Mr. Johns stated (March 4 minutes, p. 3) that the replacement trees were "chosen based on how well they would grow in the area given the constraints". He also noted that TOWN OF TIBURON PAGE 2 OF 4 C unsuccessful trees would be replaced. Mr. Johns has subsequently submitted a letter (Exhibit G) refuting this assertion. Staff also notes that a row of thirty (30) eucalyptus trees was removed along Tiburon Boulevard in front of the nearby Reed Elementary School approximately 10 years ago, and that the replacement trees appear to be growing successfully. Staff believes that the key to successful replacement trees is selecting species that are known to succeed in a eucalyptus tree-dominated environment and appropriate soil preparation and amendment for the replacement trees prior to planting and adequate irrigation following planting. The Replacement Plan appears to depict adequate soil preparation and irrigation, and the landscape architect selected replacement tree species with a history of success in such an environment. Boardmember Kricensky stated that he spoke to an arborist about the project, and the arborist indicated that with proper soil replacement and maintenance after planting, the new trees would do quite well (March 4 minutes, p. 4) Ground #3: The Hilarita is a HUD housing project. One of the primary purposes of HUD is to defend the rights of protected classes. All of our handicapped apartments and many seniors and disabled are located and living behind these trees. The removal of these is going to have a detrimental impact on their quality of life. Staff Response: No evidence or authority has been provided to support the contention that HUD regulates tree removal or landscape replacement at facilities to which it provides financial aid. Ground #4: The proposed replacements are much smaller, even at full maturity (which is going to take years to be achieved), and will therefore offer inadequate screening for the buildings and its [sic] occupants. Staff Response: The Design Review Board was fully aware that the replacement trees would not grow to the same height as the eucalyptus globulus proposed for removal. The Board preferred that the tallest of the proposed replacement trees achieve at maturity roughly the same height as the existing eucalyptus compactus trees that would remain in the row after removal of the eucalyptus globulus trees. The Board concluded that the amount of screening offered by the combination of taller and shorter replacement trees was appropriate and not inadequate. OTHER ISSUES Subsequent to the filing of the appeal, HTEA representatives informed Town staff that they had been contacted by Wildcare, a wildlife organization based in San Rafael. The Wildcare official stated he had seen evidence, during a mid-March site visit, of a Red tailed hawk nesting in one of the eucalyptus trees proposed for removal, and recommended that tree work be postponed until nesting season was over at the end of summer. HTEA subsequently agreed (Exhibit H) to postpone work until at least October 1, 2010. Red-tailed hawks are not a threatened or endangered species. TOWN OF TIBURON PAGE 3 OF 4 rr..` E2l..tl1.ll.lt.:: 't''.d}Yr ri .`1`z . < , 4A 1 CORRESPONDENCE As of the preparation of this report, staff has received two letters regarding this item subsequent to the filing of the appeal. Both letters are from Rolf Eiselin and are attached as Exhibits I and J. Mr. Eiselin initially indicated his intent to file a separate appeal of the Board's decision, but later decided not to file a formal appeal. RECOMMENDATION Staff recommends that the Town Council: 1) Indicate its intent to deny the appeal. 2) Direct staff to return with an appropriate resolution for adoption at the next meeting, incorporating the agreed-upon delay in tree work until at least October 1, 2010. EXHIBITS A. Design Review Board Resolution No. 2010-01 and approved Replacement Plan. B. Notice of Appeal with attachments. C. Design Review Board staff report from January 21 2010 meeting. D. Design Review Board staff report from March 4, 2010 meeting. E. Minutes of Design Review Board meeting of January 21, 2010. F. Minutes of Design Review Board meeting of March 4, 2010. G. Letter from D. J. Johns, landscape architect, dated March 29, 2010. H. Letter from applicant agreeing to postpone tree work. 1. Letter from Rolf Eiselin dated March 12, 2010. J. Letter from Rolf Eiselin dated March 19, 2010. Prepared By: Scott Anderson, Director of Community Development S:Wministrationl Town CouncillStaff Reports 120101Apri17 DRAF7S1100 Ned's Way appeal report.doc TOWN OF TIBURON PAGE 4 OF 4 RESOLUTION NO.2010-01 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE TOWN OF TIBURON CONDITIONALLY APPROVING A TREE PERMIT FOR THE REMOVAL OF SIX (6) EUCALYPTUS TREES AT THE HILARITA APARTMENTS AT 100 NED' S WAY ASSESSOR PARCEL NO. 058-151-39 WHEREAS, the Design Review Board of the Town of Tiburon does resolve as follows: Section 1. Findings. A. On November 12, 2009, the Town of Tiburon received a tree permit application (File T2009-31) requesting the removal of six blue gum eucalyptus globulus) trees on property located at 100 Ned's Way (the Hilarita Apartments). Due to the controversial nature of the application, the item was referred by the Director of Community Development to the Design Review Board for review and action. B. The Design Review Board held a duly-noticed public meeting on January 21, 2010, and heard and considered testimony from interested persons. C. The Design Review Board reviewed the application in accordance with provisions of Title IV, Chapter 15A (Trees) of the Tiburon Municipal Code, and based on site visits and application materials and analysis contained in the staff reports dated January 21, 2010 and March 4, 2010 and in the entire record, finds that the approval, as conditioned, is consistent with applicable purposes, policies and regulations of said Chapter, and would be consistent with the General Plan. Specifically, the Board finds that: 1. The subject trees are-reasonably close to structures, utilities and a state highway. 2. The removal of these trees will not interfere with future development for this property. 3. The removal of these trees would not have a substantial effect on the protection of the property from wind or soil erosion or increased surface water. 4. The removal of these trees would not significantly alter the character of the surrounding neighborhood, due to the remaining number of mature trees in the vicinity and the adequacy of the replacement plan. 4. The removal of these trees would not be inconsistent with sound forestry practices. 5. These particular trees do not have historical significance. DESIGN REVIEW BOARD RESOLUTION NO. 2010-01 March 4, 2010 I"KhTIB IT NO. A Section 2. Conditional Approval. NOW, THEREFORE BE IT RESOLVED that the Design Review Board of the Town of Tiburon does hereby approve the application (File T2009-31) for the removal of six blue gum eucalyptus globulus trees at 100 Ned's Way subject to the following conditions: 1. Tree removal, soil preparation, and replanting shall be performed in accordance with the Landscape Plan (2 sheets) and Landscape Plan Narrative (2 pages), prepared by Zone 17 Landscape Architecture dated February 26, 2010, as modified by this Resolution. 2. The size specification for Future Primary Replacement Trees shall be changed from "minimum 15 gallon" to "minimum 24 inch box" on the Landscape Plan. 3. Town staff shall be contacted three working days prior to the commencement of work and advised of the starting date. 4. Replanting work shall be completed within 45 days of tree removal. 5. Tree removal is contingent upon confirmation acceptable to the Director of Community Development that all replacement trees would be located on Hilarita property or that Caltrans permission to plant required replacement trees on its right-of-way has been secured. 6. In reviewing future applications for tree permits associated with this row of trees, Staff shall evaluate the success of earlier replacement trees, including provision of screening and quality of tree maintenance. 7. A copy of the Town-provided Tree Permit Certificate must be posted on the site in a conspicuous place at all times during performance of work authorized by the permit. No work shall commence until the 10-day appeal period has expired without an appeal filed. 8. This permit shall be valid for 180 days following final approval. A time extension may be granted for good cause by the Director of Community Development. PASSED AND ADOPTED at a regular meeting of the Design Review Board of the Town of Tiburon on March 4, 2010, by the following vote: AYES : BOARDMEMBERS : Chong, Kricensky, Tollini & Wilson NOES: BOARDMEMBERS : None DESIGN REVIEW BOARD RESOLUTION NO. 2010-01 March 4, 2010 2 ABSENT: BOARDMEMBERS: None ONE VACANCY BRY"A1V\CHONG'CH TIBURON DESIGN REVIE OARD ATTEST: SCOTT ANDERSON. SECRETARY S: IPlanninglDesign RevieMResolutions120101100 Ned's Way Hilarita Trees reso.doc DESIGN REVIEW BOARD RESOLUTION NO. 2010-01 March 4, 2010 C;7 ro I I I I I~ Iii I~ la rn I I~ I9 I9 ~ z I I9 I II I I I II I II I I I ~ ~ c O II I II I I I z 0 0 4 n I~ Is I ly{ I IV IN I I II 10 ` 1111A 11 f w+ 4 1 EE~11411FEqllm V , r II O D 31 n An v ~ TOWN OF TIBURON RECEIVED NOTICE OF APPEAL 2010 TOWN MANAGERS OFFICE TOWN OF TIBURON APPELLANT --f- _ Name: Address: ~Sq-0972 W ork)C! 5 (Home) Telephone: ( ACTION BEING APPEALED Des- I eAv ne- Body: -E V1EkJ B Date of Action: 94e ~DR ~ ~ //~Name of Applicant: T hAf JOH / rf e ,,qz- -941if GOn? tIJC44~~7 Nature of Application: / C GROUNDS FOR APPEAL (Attach additional pages, if necessary) 41 ! doe, r~o~ f ~-h e- C E ex-C -f,~ CJ ~y d~e recomrr~er~~~c/rl~cP~r~s Gr/r~~ /✓aT ~~en~ zz. `7"- ,3-7%0 S rears o7'f%e os 07L 7Z~ if D~ec~e~ L sses_ 141Z O)C J611 1 ~icA r9~r/~ erg s C~~~y /y~.4~V ~f1 y y~ U C/V/Of~S Cly,D © k" Date Received: ha-rcL~ c-~ b Last lay to File: Fee Paid: 3 QO Date of Hearing:v dd~°;~ : 6 January 2004 ~ T!X C191n en Is /-,ey / EXHIBIT NO. ~~r~cfmf~nt~ -iz /SOMel. /N1&: 71 -n 3- (cont.) disabled are located and living behind these trees. The removal of these is going to have a detrimental impact on their quality of life. 4- The proposed replacements are much smaller, even at full maturity (which is going to take years to be achieved), and will therefore offer inadequate screening for the buildings and its occupants. RECEIVED MAR 112010 TOWN MANAGERS OFFICE TOWN OF TIBURON RECEIVED ATTACHMENTS KEY I 12010 TOWN MANAGERS OFFICE TOWN OF TIBURON 1- From Staff Report, page 2. Please see recommendation number 2 to the Design Review Board. 2- Definition of Section 15304. 3- From John Stewart Company "Master Plan(', page entitled "Landscape Plan Narrative'. Is this a minor project? No. See the type marked with an arrow regarding the subsequent removal of the 34 Eucalyptus Compacti. See. also drawings submitted with the Master Plan showing the future...... replacement of the entire row of 40 Eucalyptus Trees.* 4- The Ark news story indicating that the rest of the Eucalyptus will be removed. See page 2 of story. 5- Are these trees"mature'? Yes. These trees were planted in the 1950's, per Belvedere Tiburon Landmarks Society. 6- Lifespan of trees. They can live up to 150 years. 7- Are they "scenic'-Most of the residents think so. See photo of the trees before they were aggressively pruned. 8- Regrowth after being aggressively pruned and limbed (3 of them). See p.61 of 64 page report prepared by Moritz Arboricultural Consulting. This report was prepared for the John Stewart Company. 9- Are they healthy? See John Stewart Company memo to residents dated January 22, 2009. 10-CEQA prohibits"piecemealingE'. Piecemealing is defined. Please refer again to attachment #3 and the drawings included in the Master Plan submitted by the John Stewart Company.* 11-CEQA check) ist-Please see letters "Wand 12-Prepared letter regarding CEQA. OTHER: The Blue Gum Eucalyptus is drought tolerant (see #7 attachment). Some of the recommended replacements are not. The Blue Gum Eucalyptus is non-native. However, ten of the eleven recommended replacements are non-native. * Please note that the drawings I referred to are included in your packet from the Design Review Board. RECEIVED MAR 1 l1ci~n I:c iev loarcd . X-1c et:in. Z 10 iIviarc h 4., 2011 Longer-termRePlacement Plantings TOWN MANAGERS OFFICE TOWN OF TIBURON While there are no immediate plans for replacement of the dwarf blue gum (compactus) trees in the row, the Board requested that the plan address potential long-term replacement of these trees. The plan responds with proposed use of one or more of the following "future primary replacement trees": Brisbane Box, Victorian Box, Lemonwood, Cajeput, and Strawberry tree, all at minimum 15-gallon size. Staff believes that these trees should be specified as minimum 24 inch box. Additional accent trees from the same list as above and at a minimum of 15-gallon size, would accompany any of these larger replacement trees in order to provide parking-lot level screening. Planting Specifications and Replacement of Failed Trees The plan also contains stump grinding standards, ground preparation and planting specifications, soil amendment standards, and replacement of any unsuccessful trees after one year. Staff sees the planting plan as a useful guide should additional eucalyptus tree replacements become necessary over time. . The Board should be aware that the Hilarita has filed a separate, as yet incomplete, application for the removal of three Monterey pine trees near the Ned's Way intersection, immediately south of the two large untrimmed eucalyptus trees proposed for removal as part of the application before the Board. The Landscape Plan depicts this area as being where "future primary replacement trees" in the list above would be located. Due to the bus stop pull-out, there is less space in this area for secondary replacement plantings and no car parking immediately behind the trees, so staff considers the primary replacement trees, at 24 inch box size, to be adequate replacement in this area, along with additional plantings of myopo`rum. PRELIMINARY ENVIRONMENTAL DETERMINATION Town Planning Division Staff has made a preliminary determination that this proposal would be exempt from the provisions of the California Environmental Quality Act (CEQA), as specified in Section 15304. PUBLIC COMMENT The Town has received one letter (Exhibit 6) from a Hilarita resident since the prior meeting. RECOMMENDATION Staff concludes that the enhanced Landscape Plan is responsive to the direction of the Board and recommends that the Design Review Board: 1. Accept any applicant and public testimony on the item. 2. Determine that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304; 3. Make any desired changes to the Landscape Plan and narrative; and 18.36.060 Class 4-Minor alterations to land (CEQA Guidelines; Section 15:3U4). rage 1 or i Placer County Code - a- Up Previous Next Main Search Print No Frames Chapter 18 ENVIRONMENTAL REVIEW Article 18.36 STATUTORY EXEMPTIONS AND CATEGORICAL EXEMPTIONS 18.36.060 Class 4-Minor alterations to land (CEQA Guidelines, Section 15304) 410990pow Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: A. Grading on land with a slope of less than ten (10) percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard, such as an Alquigt-Priolo Earthquake Fault Zone or within an official Seismic Hazard Zone, as delineated by the State Geologist; B. Issuance of a grading permit in conjunction with a project for which a design review approval has been granted and/or following any discretionary action which was subject to environmental review; C. New gardening or landscaping; including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping; D. Filling of earth into previously excavated land with material compatible with the natural features of the site; E. Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production; F. Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, outdoor festivals/concerts, sales of Christmas trees, arts and crafts fairs, etc.; G. Minor trenching and backfilling where the surface is restored; H. Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies; 1. The creation of bicycle lanes on existing rights-of-way. J. Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined in writing, or by written policy or ordinance, that 100 feet of fuel clearance is required due to extra hazardous fire conditions. (Ord. 5119-B (part), 2001) RECEIVED MAR I 1 2010 TOWN MANAGERS OFFICE TOWN OF TIBURON http://qcode.us/codes/placercounty/view.php?toplc=l 8-18_3 6-18_3 6_060&frames=on 3/2/201 s: 1 7 February 26, 2010 Landscape Plan Narrative RECEIVED FAIR 112010 TOWN MANAGERS OFFICE TOWN OF TIBURON To: Scott Anderson, Director of Community Development Laurie Tyler, Associate Planner Tiburon., California 94920 Re: The Hilanta Apartments 100 Ned's Way Tiburon, CA 94920 Dear Scott and Laurie: On behalf of the Hilarity Tiburon Ecumenical Association gTMA), and per our recent meeting at Town Hall (February 11), I've written the following narrative as an accompaniment to.' graphic plans submitted simultaneously for Tiburon Design Review Board (DRB) review. As you suggested, I trust it will help to fill in some gaps in understanding as identified by DRB Members at the previous meeting. As shown on sheet L1.1. of those plans, H TEA proposes to eliminate the (G) Blue Gum (Bucalyptus globules) trees that are part of the existing row of eucalyptus plantings. These trees would immediately be replaced at each location by a combination of (1) Brisbane Box (L*bostomon corfata) tree and (2) accent replacement trees as described in the Plant Selection Legend on sheet L1.1. Due to the biological limitations of cultivating plants beneath eucai ptus}spedes, no immediate additional plantings would occur. However, HTEA would continue to cultivate the Brisbane. Box and accompanying accent trees as -a basis for a linear planting screen that would eventually replace the remaining, smaller Gum trees (Eucalyptus globules"Compacta'). The photograph below shows one of these locations as an example. \ View of existing Blue Gum trunk among Dwarf Blue Gums from Tiburon Blvd. P.O. Box 151712 San Rafael, CA 94915 415.332.3033 www.uw, 17.com EXHIBIT 4- NCH 3, 2010 UNTEER )RTUNITIES! )uncil will be considering an lowing committee: )od Zone Committee l in serving, please submit and curriculum vitae, at hence, to Mayor, City of Rafael Ave., Belvedere, r more information, call t L _ farilyn Kessler & Judith Wilson .nd Judith Wilson Judith Wilson -iriette Com :cutive: Kim Gordon 3obin gerald Ewald, Deirdn:~ McCrohan, I...14L. 1Ai:l.. r.r. KtUEIVED - NAF 1 1 2_m www.thearknewspaper.co MANAGERS OFFICE TOWN OF MURowl- enda buron Council A Hilarita Trees... Continued from page I g Ti The Tiburon Town Council meets at 7:30 p.m. on Wednes- such as crape myrtle or lemon bottlebrush. trees day, March 3, in Council Chambers at Tiburon Town Hall, , One resident who didn't want to be identified told '1505 Tiburon Boulevard. The following items are on the The Ark that residents feared that owner Hilarita-TEA agenda: ' (6.to 7a0 p.m.) Conference with legal counsel regarding intends to remove all the trees, a bit at a time. That existing litigation (Bonander vs. Town of Tiburon, Town of roved to be a good hunch. Tiburon vs..:All Persons Interested and Mostyn vs. Town At the DRB's request, Hilarita-TEA owner repre- ofTiburon et al); sentatives also submitted a plan for an eventual plan to (7:10 to .7:30 p.m.) :Interviews to fill vacancies on tow replace the 34 "compactus" eucalyptus trees. The appli- boards: Jaleh Etemad.and Bob McDermott; cant proposed 15-gallon-size varieties of "Strawberry," • (7:30 p.m.) Approval of minutes of January 20 meeting; "Lemonwood" and other trees that would screen the ` January investment report; parking lot. The DRB staff is recommending 24-inch- • Proposal for non-potable water well permit for 11 Roseville Court; box sizes. Proposal :to purchase -a two-bedroom, below market-rat( Hilarita-TEA has filed a separate application for a condominium:at.4 Marsh Road in the Point Tiburon Marsl permit to remove three Monterey pine trees near the complex for town and public employee housing; Tiburon Boulevard/Neds Way intersection. • Amendment to Taxi Cab Fee Schedule,"incorporatin€ amendments adopted byMarin General Services Agency in November; Public Meetings of Local Interest ~ Purchase `of additional Tax and Revenue Anticipation Note from Town of Fairfax for investment purposes; Tiburon Town Council: 7:30 p.m., Wednesday, March + Proposed amendments to the Martha Proper ty-Memc 3 Council Chambers, Tiburon Town Hall, 1505 Tiburon randum of Understandingregarding timing and definitio; Boulevard. of open space trails; Tiburon -Design ;Review Board 7'.p.m., Thursday, • Appointments to boards and commissions to fill vacar March 4, Council Chambers, l iburon Town Hall," 1505 , cies created by expired terms; Tiburon`BoulevarL. • -Amendments to Tiburon Zoning Ordinance (introdu( Belvedere'ICit,,Council: 7:30, p.m., Monday, March 8, tion:and first reading); Council Chambers,: Belvedere CityHall, 450'.SanRafaei • Appeal.-of Planning Commission approval of wireles Avenue: communication facility. at "Cove Shopping Center at Tiburon Sariitau District No. 5 Board of.Directors: Blackfieild Drive (applicant: Clearwire 1L C; appeIlan 'esdaY,March 9; Sanitary Plant, corn- r 0f 6;30 pm ' _Peter P:ursley, San Anselmo); _ .._r _r__ - _ Mar West Street-and Paradise Drive. • Amendments to'Encroachment Ordinance (introductic Tiburon 'Fire Protection District Board of Direc- and first reading): to add a provision authorizing encroad tors: 6:30 p.m., Wednesday, March 10, Fire Station, ment-related policies to be adopted :by.the Town Counc: definitions and other text amendments; and to add 1679 Tiburon Boulevard, Tiburon Planning Commission . 7.30,p.m., Wednes- , Amendments. to the Water "Conservation Ordinan( day, March 10,~Council Chambers; Tiburon Town`Hall, (introduction and first reading) pertaining to water-ef cient landscapes and water conservation; and 1505 Tiburon Boulevard. Strawberry Recreation'Distnct.Board of Directors: • .Amendments to Fee Schedules for community dev( 7 p.m.,-Wednesday, March 10, 'T'hird Floor Loft, Straw- opment services, animal control and miscellaneoi i ber Recreation Center, 118 E.'Strawberry Drive. rY ces. serv kck date www.eeciliestarin.com 161 415 43525.4c - N N N 3 0 .0 0 a Q) z 0 0 a~ m c O O ~ O ~-2 N Co 3 ac O Q) ~ c .c o ~ p O > o E N N E O p O 0 2 c 0 Q •v~ O r., v CZ ~ 0 co L. bo • co 6.~ L]. •C U O co a ° "C7 Q cd cc ct U O .x ct U c~ U cd N CZ w W -0 cu U") C: N O m C 0 C13 cn --t ° ~FW,~ M F00 ♦V p, > Fcz•I cn V co cz co b4 cn (U 0 0 M M w cu 0•C co a~ o 0 O co cu W P1 -co cc a) bk w C a~.C cc C6 • i., U. .C W H o bQ O .C o a O C U L" cn 0 y0 C O. •W 1 O>;Z U x • 3 s.; rC = ° a bu0 d z o o c 4--J C,3 = ~ Cn Cd cz V Cd ~i c) b.0 0 W O cd a CO aC boo ti O. c cn 4-r 0 txocu aEn rn o oW> aA LLJ rn U4 CZ CIS U s, > O C m 3 w oo ° o cu co LA 0 C) 4-1 Cc 6. to C 4-4 U cd s.' co = C's "al 0 4-) 4-1 tn C) m~~ o (U o C a~ a~ x ..4 cz ~ n W Q ~ - O ~ U .O O O Q Q) LL a o ~ G H ~ y w U ti Z t'' W U- 0 C::) (n ED oos I.- w LL- ~ az l 1 -.61 b4 A -0 cu Q) cc 414 U U a) > bA a~ rn -M by En erl 0, U C 0 U) rp Co a t., V bA .0 bu0 w 4-4 a) a) z bUad C: c) 0 cu cu Co -Cj Ej 4.) (L) W 4-1 CZ _0 M 0 r-14 - 4-j U) =s b4O b-v u ~ bo-o a 2~ 3~ o a o 0 0 CL) cz ' o >1 1c: C rn o cu u p > 4-1 `0 b>io 4~, ° .x a A Cd C 0 co C C o C d U U N w di U O~ cd p 3 O O m a 3., •bo p I .C O o o C w bq u U cn W N ~jU cn bo M C bQ U F"' C C U V CZ tn -z::$ 'b U U U (n 5 bqCD ? U C 'a > "O z O bA U; O 40~ 4-a uo U Cd C O U 4-- 'L7 U V U a 0 O 3-. O C ~ a 3U, o x cl, 'O c~ a ° ° g C - cd O t, O co U rn CZ U bA.- U 4-1 c c) co cz ° u orb o c o ~ 0•-' a mow o E• ° 4Z, = W U c r-+ Q 0 C Cd Cd N a, to bp Q) Q V~' O C U "C co (l) a U r" O °U bA O c j 0 O p U O° O to CC, C C O cd U Cd r- U F"' C O. C bA co C) 0 Q) 3- 0 0 cc c ; ~ U 2 v~ ~ C -C .o U co u ~ U 4-J 4-0 U ~ :iz c/) U. 6621 5 0 4 22 ~,pON LAIV _ \P1s', DAVID M. GOTZ l AncxnI157 \S!S' MA0. Co~j Belvedere-Tiburon Landmarks Society 1550 Tiburon Blvd., Ste. M Belvedere-Tiburon, CA 94920 (415) 435-16*3. 1msArchivistCa)sbcglobal.net S41 C) vn wlandmarks-society.orb RECEIVED I`o,l'iR 1 .11 2010 TOWN MANAGERS OFFICE TOWN OF TIBURON i Urban Forest Ecosystems Institute SelecTree - BLUE GUM Brief Tree Record Page 1 of -2 1- l e . o i. M lie, x47 AI - Y ~wa~aCv.v~'a'. ° . it`s fic SelecTree » Select Tree by Name ATREESEC:I t~~ GIJIDE » Name Search Attribute t T b l S ec ree y » e » All Trees List RECORD BRIEF TREE „ 'f E1 Fk rL Tr E R t ©0:13AC C TO » Right Tree Right Place » Utility Precautions ® View Full Size Images BLUE GUM » Attribute Definitions Eucalyptus globUIUS » Contributing Gardens » About SelecTree General Notes » More Tree Links Smog tolerant. Hardiness estimate: 17-22 degrees F. Cal- IPC (California Invasive Plant Council) classifies the invasiveness of this plant as moderate. Has Fragrant Leaf. ATTRIBUTE INFO i SelecTree fists 1 cultivar of globulus: 'compacta' A Eucalyptus globulus in Mission Ranch, Carmel is » Attributes Defined 1 registered as a California Big Tree. It measures 135 feet » Add or Edit Attributes ; high with a trunk circumference of 465 inches and a crown YOU SEARCHED FOR:* (3) matching trees *Based on last search. t~ red n vlhv I w . n Fire sa~~ Root ~ . ).ICI ~3~~~ . - RECEIVED 2010 TOWN MANAGERS OFFICE TOWN OF TIBURON Family: Myrtaceae California Native: No California Invasive: Yes Habit: Evergreen Sunset Zones: 5 - 6 and 8 - 24 Exposure: Full Sun to Partial Shade Water Needs: Wet to Dry Soil. Drought tolerant. - Soil Type: Clay, Loam or Sand Height: Over 65 feet Growth Rate: 36 or More Inches per Season Shape: Oval or Rounded Longevity: 50 to 150 years 4~~ Leaves: Falcate Dark Green Flowers: Yellow or White Fruit: Medium (0.50 - 1.50 inches) Bark: Cream or Light Gray, Exfoliating Pest & Disease: Resistant to Texas Root Rot and Verticillium. Susceptible to Beetle Borers and Thrip, spread of 143 feet for a total of 636 points. 0 List all Myrtaceae Eucalyptus http://selectree.calpoly.edu/treedetail.lasso?rid=543&-session=selectree:478CAF7EO760220298LhU130AFBD 3/2/201 Urban Forest Ecosystems Institute SelecTree - BLUE GUM Brief Tree Record Oak Root Rot, Phytophthora and Root Rot. 0 See All Information Page 2 of 2 © View Full Tree Record 0 View Full Size Images Disclaimer: No warranties or guarantees as to the accuracy of the data and information derived from this web site are expressed or implied. Not responsible for any loss of profit, indirect, incidental, special, or consequential damages arising out of the use of the data and information derived from this web site. Urban Forest Ecosystems Home I SelecTree I Big Tree I UrbanWood I ForesTree I News Copyright MMIII - MMIV Resources I Grant Info I Contact Us I A - Z Index I About UFEI RECEIVED MAR 1 '12010 TOWN MANAGERS OFFICE TOWN OF TIBURON http://selectree.calpoly.edu/treede,tail.lasso?rid=543&-session=selectree:478CAF7EO760220298LhU] 30AFBD 3/2/201 --7- RECEIVED I':AR 1 2010 TOWN MANAGERS OFFICE TOWN OF TIBURON -8 ffilarita Apartments: UFMP. _ Pl:ase .U Moritz Arboricultural Consulting 100 Ned's Way, Tiburon, CA 94920 Urbim Forestry .Associates Faults: Deciduous of lower branches. Tends to form multiple codominant leaders. Extremely aggressive roots damage building and infrastructure_ Suckers may prove a nuisance in lawn of specimen plantings, Blue Gum Eucalyptus -Eucalyptus globulus "globulus". The subject tree is Eucalyptus globulus `globulus', commonly known as Tasmanian Blue Gum. Blue gum is a shallow rooted species, offien with-poor anchorage relative to the height and mass of mature trees. This species frequently grows rapidly to a mature height and canopy spread far greater than the available growing space in urbanized landscapes. It is one of the fastest growing trees in the world. This species rgsprouts prolifically from dormant buds below the bark when it is been aggressively trimmed, topped or cut to a sump. Blue Guru is one of the most failure prone trees in northern California It has extremely heavy wood and is prone to developing over-extended limbs. It tends to form upright branches with weak attachments and often acute angle crotches weakened by included bark that can wedge the crotch apart -.particularly after topping or aggressive trimming. . Fire hazard studies have found that Blue Gum produces more dead and down material (branches, bark, twigs and leaves) per annum then any other species in Califomia..It contains approximately 8;500 BTU's to the pound. The woody.leaves and bark contain high amounts of volatile oils. It has deciduous bark that litters the ground around the tree, -collects in crotches and persists in long hang strips on the trunks and branches. The loose barb provides a "fuel laddee' that intensifies fire Intensity under the canopy and encourages crown (canopy) fires. Blue Gum forest supports high intensity fires and is highly prone to "fire brand" production that can ignite wildland, landscape and structural fuels well ahead of the fire front. This species grows rapidly to a mature height and spread far greater than the available growing space. It is one of the fastest growing trees in the world. It resprouts prolifically from dormant buds below the bark when it has been fire damaged, aggressively trimmed, limbed or topped. RECEIVED MAR 1 ~ 2010 TOWN MANAGERS OFFICE TOWN OF TIBURON Page 61 of 64 RECEIVED TOWN MANAGERS OFFICE TO January 22, 2009 Dear Hilarita President, r MAR 112010 TOWN MANAGERS OFFICE TOWN OF TIBURON . Residents who are appointed to the HTEA board of directors are aware that the trees on the Hilarita property have been the subject of study, analysis, and discussion for more than a year. The HTEA board recognizes the value of having nice trees in good condition, for the aesthetic benefits, the cooling effects of shade, and-the beauty they provide to the Hilarita community. More than a year ago, the HT-EA board*'hired a well-respected arborist to do a detailed study and evaluation of every tree on the property. The company produced a report that is called an Urban Forest Management. Plan (UFMP). The UFMP identifies each of 290 trees on the property (each has been tagged with a number for identification purposes:) The report describes the species and size of every tree, its current condition, it suitability for long-term preservation, any possible impacts it may have on building foundations, sidewalks, or retaining walls. The report gives conclusions and recommendations concerning each individual tree.. Most of the recommendations had to do with pruning needs of certain trees, or correction of maintenance problems in other trees. Almost all of these pruning recommendations have. already been carried out The good news from this evaluation is that there are 282 healthy trees on the property. After the pruning that was done in November, these trees should respond vigorously with new -growth and (where appropriate) flowering in the spring time. These trees all have a great prognosis for long term health and beauty for the community. F The difficult news from this evaluation is that there are 8 trees on the property that are dead, Ile dying, diseased, or structurally hazardous trees. Moritz -has already developed y{s r~'i, recommendations to plant replacement trees for those 8 trees which are dying. The ~~YE nl, replacement trees are a carefully selected variety of beautiful, ornamental trees recommended by the arborist to be appropriate to the soil and moisture conditions of the specific locations on the property. 1388 Sutter St-oct • I 1 th Floor - San Francisco, CA 94109 • Tel (415) 345-4400 • Fax (415) 614-9175 • wWwJsca.ne# San Fmcisco - Sacramento - South Bay - Los Angeles - San Diego s RECEIVED MAR i 1 2010 TOWN TOWN OF MANAGERS OFFICE TIBURON Hilarita management has contacted the Planning Director in the Town of Tiburon, and met to discuss the details of the Urban Forest Management Plan. We have also discussed the need to replace 8 trees on the property as instructed. Management has also applied for a permit from the Town of Tiburon to undertake this work. As a result, in the next week or so, every resident of the Hilarita community, as well as all neighbors surrounding the Hilarita property will receive a letter from the Town of Tiburon, explaining that the application for this permit has been submitted. All members of the Hilarka community, as well as the surrounding neighbors, will have the opportunity to provide their comments or concerns to the Town of Tiburon. in the next few days, the site office will contact any residents who will be directly affected by the removal and replacement of a tree which is located in close. proximity to their apartment The purpose of this discussion is to explain the details of the condition and evaluation of that particular tree, and if possible, make adjustments to accommodate the resident's specific concerns about-changes In the forest of trees on the property.. But, please keep in mind that most of the 8 trees under discussion -are at the.. perimeter of the property. There are really only 3 areas where a .tree removal will have a direct -impact on a particular apartment, and the situation will be discussed with that resident in detail. Afterthose discussions. have occurred, the tree .slated for removal will be marked with yellow caution tape, so all the surrounding neighbors will know which tree is in questionable health, and is slated for removal and replacement IF YOU DO NOT-SEE YELLOW CAUTION TAPE MARKING A TREE, THAT TREE IS NOT GOING TO BE REPLACED. Please:keep in=mind that there are.282 trees that are not affected.-.. We hope that all residents of the Hilarita will see the long lasting value this thoughtful approach will have to the trees on the property, and the improvements to the community that will result. Sincerely, Linda M. Tilton e Director of Property Management 1388 Sutter Street • 1 lth Floor • San Framcisco, CA 94109 • Tel (4157 345-4400 - Far, (415) 514-9175 • www;jsco.nct San Francisco • Sacramento • South Bay • Les Angeles • San Diego CEQA piecemealing - Google Search Wage 1 of 1 Appeal No._,APEA08-002_Robert Garcia/Thomas Clendenin_Board of - CEQA defines a project broadly, as the "whole of an action." CEQA therefore prohibits 11piecemeafin9dividing one project into several Parts; and conducting j, RECEIVED MAR I 12010 TOWN MANAGERS OFFICE TOWN OF TIBURON http://www.google.com/search?hl=en&q=CEQA+piecemealing&aq=f&aqi=gl &aql=&oq= 3/2/201 RECEIVED MAR 1 2010 TOWN MANAGERS TOWN OF TIRIIBON CEQA Less than Potentially significant Less than significant impact with significant impact mitigation impact No impact d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ r-~( L-~ COMMUNITY RESOURCES - Would the project: a) Cause disruption of orderly planned ❑ ❑ ❑ ❑ development? b) Be inconsistent with a Coastal Zone Management ❑ ❑ El - L:J Plan? c) Affect life-styles, or neighborhood character or ❑ ® ❑ Lrl stability? d) Physically divide an established community? ❑ ❑ ❑ e) Affect minority, low-income, elderly, disabled, ❑ ❑ ❑ transit-dependent, or other specific interest group? f) Affect employment, industry, or commerce, or ❑ ❑ ❑ L ❑ require the displacement of businesses or farms? Relocation assistance provided. (See Section 2.1.4; Appendix D) Y g) Affect property values or the local tax base? ❑ ❑ ❑ CJ h) Affect any community facilities (including ❑ ❑ ❑ 17 medical, educational, scientific, or religious institutions, ceremonial sites or sacred shrines? i) Result in alterations to waterborne, rail, or air ❑ ❑ D traffi c? j) Support large commercial or residential ❑ ❑ ❑ ❑ development? 4 cc, Concerned Hilarita Residents 124 Neds Way Tiburon, CA 94920 Scott Anderson Tiburon Planning Division 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Tree Permit Application (T2009-31). Dear Mr. Anderson, This letter is submitted by the residents of the Hilarita Apartments regarding the Tree Permit application to remove six (6) blue gum eucalyptus trees from the Tiburon Boulevard frontage of the Hilarita Apartments (File Number T2009-31) (hereafter, the "Project"). The Hilarita residents submit the following comments on the proposed categorical exemption for Tiburon Hilarita Ecumenical Association's ("Applicant'") request for a Tree Permit. 1. Legal Standard The California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ("CEQA") has two basic purposes. First, CEQA is designed to inform decision-makers and the public about potential, significant environmental effects of a project. (Cal. Code Regs., tit. 14, § 15002, subd. (a)(1)(hereafter "CEQA Guidelines").) Second, CEQA directs public agencies to avoid or reduce environmental damage when possible by requiring alternatives or mitigation measures. (CEQA guidelines, § 15002, subd. (a)(2) and (3); Laurel Heights Improvement Association of San Francisco v. Regents of the University of California (1988) 47 Cal.3d 376, 400.) Categorical exemptions may be provided only for classes of projects which have been determined not to have a significant effect on the environment. Accordingly, categorical exemptions may not be interpreted so broadly as to include classes of projects which would not normally fall under the exemption's statutory requirements. This is consistent with the general rule that CEQA must be interpreted to afford maximum possible environmental protection, consistent with the reasonable scope of the statutory language. (Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Cal.App.4th 1165, 1192- 1193.) RECEIVED MAR 1 "I 2010 TOWN MANAGERS OFFICE TOWN OF TIBURON II. Discussion A. The Project Application(s) Impermissibly Piecemeal the Project. w The CEQA Guidelines define "project" to mean "the whole of the action" that may result in either a direct or reasonably foreseeable indirect physical change in the environment. (CEQA Guidelines, § 15378, subd. (a).) "Project" is given a broad interpretation in order to maximize protection of the environment. (McQueen v. Board of Director's of the Mid peninsula Regional Open Space District (1988) 202 Cal.App.3d 1136, 1443.) In general, the lead agency must fully analyze each "project "in a single environmental review document. Thus, in analyzing a project, the agency should not "piecemeal" or "segment" the project by splitting it into two or more segments. CEQA mandates "that environmental considerations do not become submerged by chopping a large project into many little ones-each with minimal impact on the environment - which cumulatively may have disastrous consequences. (Bozung v Local Agency Formation Com. (1975) 13 Cal.3d 263, 283-284.) Here, it is apparent that the Applicant intends to piecemeal the Project by applying for separate tree permit to remove small groups of trees in an extensive row of trees. This approach is unlawful. Environmental review of the Project must analyze the Project as a whole before the City of Tiburon can determine the project is exempt, if at all, from CEQA. B. The Project Is Not Exempt From CEQA Under CEQA Guidelines Section 15304. The Town Planning Division Staff has made a preliminary determination that the Project would be exempt from CEQA under CEQA Guidelines Section 15304. The Project, however, does not meet the criteria for exemption under that plain language of section 15304. The Staff's determination is therefore erroneous. Guidelines section 15304 is a Class 4 categorical exemption. Class 4 "consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes." (Emphasis added.) The Project does not qualify for exemption under Section 15304, because Section 15304 explicitly states that the exemption does not include "the removal of healthy, mature, scenic trees." The Project consists of the removal of six (6) blue gum eucalyptus trees that form part of an extensive row of about forty (40) trees. According to the City's Staff Report, the "trees appear to be generally healthy and do not outwardly appear to be diseased or dying." (Staff Report , January 21, 2010, p. 2.) Nor has Staff has received any "substantive evidence that the trees represent an immediate threat to the public health and safety." (Ibid.) Nor could the Project qualify under subdivision (b) of Section 15304. Subdivision (b) exempts: [n]ew gardening or landscaping, including the replacement of existing conventional landscaping with water resistant or fire resistant landscaping. (CEQA Guidelines, § 15304, subd. (b).) Here, the reason for the requested removal is that the "trees are too large and the applicant desires to replace them with a smaller species of trees." (Staff Report, January 21, 2010, p. 2.) Replacing the existing trees with a smaller species of trees does not satisfy the intent of the exemption under subdivision (b). Moreover, the tree replacement plan submitted by the Applicant is unsatisfactory and fails to provide sufficient detail as to the size or number of trees proposed for replacement. And even if the tree replacement plan did provide sufficient detail, it still does not qualify under the exemption as water resistant or fire resistant. Further, the project does not qualify for an exemption under CEQA because a fair argument can be made that the Project will have a significant impact on the environment and nearby sensitive receptors, such as the low- income and disabled residents living nearby. An EIR is required whenever substantial evidence in the record supports a fair argument that significant impacts may occur, even if other substantial evidence supports the opposite conclusion. (No Oil Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 75.) The agency should focus on whether a fair argument exists that the proposed project may have a significant, adverse impact on the existing physical environment. (Christward Ministry v. Superior Court (1986) 184 Cal.App.3d 180, 186-187.) Here, a fair argument can be made that the Project will result in significant environmental impacts, including noise and aesthetic impacts. Specifically, the trees proposed for removal serve as a visual separator between Tiburon Boulevard and the Hilarita Apartments. (Staff Report, January 21, 2010, p. 2.) In addition, as City staff noted, removal of the trees could have an effect on wind protection. (Staff Report, January 21, 2010, p. 3.) As respects other impacts, the trees serve to buffer noise, dust, exhaust fumes and visibility of traffic moving along Tiburon Boulevard, as well as providing relief from sun and heat. (See Exhibits 8, 9, and 10 to Staff Report.) Because the fair argument test is met, the Project requires preparation of an Initial Study and an appropriate level of environmental review. III. Conclusion The Project is impermissibly piecemealed and does not qualify for exemption from CEQA under Guidelines section 15304 or any other provision. Because a 'fair argument' exists that the Project may have a significant, adverse impact on the existing physical environment, further environmental review is required. An Initial Study must be prepared to determine whether preparation of a negative declaration or EIR is necessary. Moreover, since the Applicant has demonstrated a propensity to disregard the law, enforceable mitigation measures are necessary and must be incorporated into the Project through the environmental review process. Thank you for your consideration of these comments. Concerned Hilarita Residents O To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Members of the Design Review Board Director of Community Development Design Review Board Meeting January 21, 2010 Agenda Item: 3 Subject: 100 Ned's Way: Director's Referral of a Tree Permit application to remove six (6) blue gum eucalyptus trees from the Tiburon Boulevard frontage of the Hilarita Apartments; File No. T2009-31; Tiburon Hilarita Ecumenical Association, owner and applicant; Assessor Parcel No. 058- 151-39 PROJECT DATA OWNER: Tiburon Hilarita Ecumenical Association APPLICANT: same ADDRESS: 100 Ned's Way ASSESSOR'S PARCEL NUMBER: 058-151-39 FILE NUMBER: T2009-31 ZONING: RPD (Residential Planned Development) GENERAL PLAN: VH (Very High Density Residential) FLOOD ZONE: X DATE COMPLETE: December 12, 2009 BACKGROUND The Hilarita Tiburon Ecumenical Association (HTEA) filed an application for removal of six (6) blue gum eucalyptus trees with the Town on November 12, 2009. Notices of the application were mailed out on November 17, 2009 and a tentative decision date on the application was set for December 1, 2009. On or about November 25, 2009, prior to staff having reviewed the application and visited the site to assess the trees, three of the six blue gum trees were extensively altered and topped by a contractor retained by the property owner. Pruning work that had begun on two other blue gum trees was stopped at that time. An administrative citation for this work without a permit was issued. Both prior to and following the citation, Town Staff received numerous resident objections to the proposed tree removal. On November 30, 2009 the Town received a petition of opposition, apparently signed by forty-two Hilarita residents. On December 15 2009, the Planning Division notified the applicant that the item would be referred to the Design Review Board for the following reasons: 1) because of the extensive alterations performed on some of the subject trees prior to permit issuance; 2) because of the controversial nature of the application and the large number of Tiburon residents who had expressed opposition in writing; and 3) because of a perceived piece-meal approach to tree removal in this extensive row of trees. On a Director's referral of a tree permit application to the Board, the Board assumes the full TO~`N OF TIBL;RON PACE 1.Or 5 L-,IJ-IIBIT NO. 2L. 2('0.0 authority and discretion of the Director in approving, approving with conditions, or denying an application. The Town's Tree Ordinance is attached as Exhibit 1. Application materials are attached as Exhibit 2. PROPOSAL The six (6) blue gum eucalyptus trees proposed for removal form part of an extensive row of about forty (40) trees along the Tiburon Boulevard frontage of the Hilarita Apartments. Most of the trees in this row are eucalyptus compactus, while the subject trees are eucalyptus globulus. The compactus trees in this row are distinguishable from the globulus trees due to their feathery appearance, generally with multiple trunks/limbs beginning fairly close to ground level. The globulus variety in this row is generally characterized by a single trunk for a greater height, eventually branching into more lateral growth from multiple leaders higher up on the tree. The row of trees is prominently visible from Tiburon Boulevard and serves as a visual separator between Tiburon Boulevard and the Hilarita Apartments, and vice-versa. The application states that the reason for the requested removal is that the trees are too large and the property owner desires to replace them with smaller species of trees. Staff notes that the cost of pruning and topping tall eucalyptus trees can be substantial, and their fast growth requires such work on a more frequent basis than for many other tree species. The six trees (Trees 1-6) are depicted in photographs attached as Exhibits 3-7 and on the aerial photo attached as part of the application materials (Exhibit 2), with the tree number increasing from east to west. Staff has requested that yellow ribbon be tied around each of the subject tree trunks near eye level for purposes of identification. ANALYSIS Tree Ordinance Factors in Review of Applications Section 15A-6 of the Tiburon Tree Ordinance lists the factors to be considered in the review of a tree permit application. A brief discussion of each of these is found below. a. The condition of the tree with respect to disease, hazard, proximity to existing or proposed structures or interference with utility services. Discussion: The trees appear to be generally healthy and do not outwardly appear to be diseased or dying. Eucalyptus globulus trees can be hazardous trees for a number of reasons, including high flammability, shallow-root structure, and weakness of limb attachments. However, staff has received no substantive evidence that the trees represent an immediate threat to the public health and safety, and has examined the trees and concluded otherwise. Blue gum eucalyptus trees are classified as "undesirable trees" in the Tree Ordinance because of their fast growth rate, height at maturity, and the resulting potential for view blockage once planted. A permit is required to plant such trees, but is also required to remove such trees in this zone. The trees are in close proximity to Tiburon Boulevard and to structures and improvements within the Hilarita Apartments complex that could potentially suffer damage in the event of a toppling. A utility line within the Tiburon Boulevard ri ht-of-wa runs parallel to the row of trees J<tr~tritrr 21., 2010 and in close proximity to it. At least one utility pole appears to be leaning away from the row of trees at a noticeable angle. b. The necessity of removal or alteration of the tree in order to develop the property. Discussion: This factor is not applicable to this permit. C. The topography of the land and the effect of tree removal or alteration on protection from wind, soil erosion or increased flow of surface water. Discussion: The trees are located on a short slope between the Hilarita parking lot and the Tiburon Boulevard right-of-way. Removal of the trees could have some effect on wind protection. Effects on soil erosion and increased flow of water should be minimal with proper follow-up after removal and replanting. d. The number of trees in the neighborhood, and the effect of removal or alteration of the tree on the character of the neighborhood, including privacy impacts on neighboring properties. Discussion: There are numerous trees in the vicinity, including approximately 280 on the Hilarita Apartments property alone. Staff is of the opinion that the removal of the six trees, while noticeable, would not substantially negatively alter the character of the neighborhood, provided that the compactus trees remain in place. A similar row of trees was once located along Tiburon Boulevard in front of the Reed Elementary School. As discussed below, that row of trees was removed in 2001. e. Good forestry practices; i.e. the number of healthy trees that a given property will support. Discussion: The globulus trees form part of a long row of primarily compactus trees and some pines. The apparent health of the trees indicates that the property can support these trees and those around them without resulting in deleterious health effects on the trees. f. The historical significance and age of the trees. Discussion: The larger trees probably date from the mid-twentieth century and have no known historical significance. Similar Applications/Precedent A somewhat similar row of 30 eucalyptus trees once existed in front of the Belvedere-Tiburon Child Care Center and the Reed Elementary School playground fronting Tiburon Boulevard. In 20015 the Town Council authorized the removal of all 30 trees and their replacement with other types of trees. The request for removal was made by the Reed Union School District, which owned the trees and desired the trees removed for the safety of the children using the school's playground adjacent to the trees. • - 21. 2010 Public Comment Public objections to the removal of the trees have focused on a purported lack of demonstrated need to remove the trees in lieu of trimming and topping to restore the views of certain Hilarita neighbors and maintain the health of the trees. Commenting parties also state that the trees form an effective windbreak and serve to buffer noise, dust, exhaust fumes, and visibility of traffic moving along Tiburon Boulevard, as well as providing relief from sun and heat. Refer to Exhibits 8, 9, and 10. Staff Concerns Staff has concerns regarding several aspects of the proposal, including 1) the perceived piece- meal approach to tree removal in the row and the lack of long-term plan for the row of trees; 2) the lack of a detailed replacement plan associated with this application, and concern over its timely and proper implementation; and 3) restoration of recently removed screening for the concrete block trash enclosure located near the middle of the row of trees. These concerns are described below. 1) Piece-meal tree removal and lack of a long-term plan. In its December 1, 2009 letter (Exhibit 11) staff had expressed concern over the apparent lack of a long-term plan for the row of trees along Tiburon Boulevard. The Hilarita has since clarified in a letter (Exhibit 12) that there is no long-term plan, or discussion of any plan, to remove the row of compactus trees in the foreseeable future. However, on January 14, 2010, the Hilarita applied for a separate tree permit to remove three pine trees located at the far eastern end of the row of trees along Tiburon Boulevard, close to Ned's Way. This application has not yet been reviewed by Town staff, but appears to continue the piece-meal approach. 2) The tree replacement drawing submitted as part of Exhibit 12 is lacking in detail. It describes pittosporum and crepe myrtle replacement trees, but provides no details as to size or number, nor any details as to stump removal or treatment of remaining stumps. Staff has received numerous complaints from Hilarita residents regarding lack of follow- through on tree replacement plans associated with previously-approved tree removals at the Hilarita. Staff recommends that if the Board approves the application, a much more detailed removal and replacement plan be required than has been submitted to date, with sizeable replacement trees, properly installed, to restore lost screening of the trash enclosure. 3) It appears that the concrete block trash enclosure located near the center of the row of trees has recently lost some (and would lose more of) its vegetative screening from Tiburon Boulevard as a result of the project, if approved (see Exhibit 13). Staff recommends that restoration of this screening be addressed more fully in any replacement plan. PRELIMINARY ENVIRONMENTAL DETERMINATION Town Planning Division Staff has made a preliminary determination that this proposal would be exempt from the provisions of the California Environmental Quality Act (CEQA), as specified in Section 15304. IMIUary RECOMMENDATION Staff recommends that the Design Review Board: 1. Accept any applicant and public testimony on the item. 2. Review the project according to provisions the Tree Ordinance (Title IV, Chapter 15A of the Tiburon Municipal Code), especially Sections 15A-1 (Purpose and Policy) and 15A-6 (Permit Issuance). 3. Determine that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304; and 4. Direct staff to prepare an appropriate resolution of decision for the Board's consideration at the next meeting. Exhibits: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Prepared By: Sc( Tiburon Tree Ordinance Application and Supplemental Materials Photograph of Trees #1 and #2 Photograph of Tree #3 Photograph of Tree #4 Photograph of Tree #5 Photograph of Tree #6 Letter from Patricia Tunnard dated 11/24/2009 Letter from Vicky Tuorto dated 11/3 0/2009 Petitions from Hilarita residents received 11/30/2009 Letter from Town dated 12/1/2009 Replacement Plan and letter dated 12/16/2009 Photograph of trash enclosure structure and screening Letter from Hilarita dated 12/8/2009 At Anderson, Director of Community Development S:IPlanninglDesign Review1StaffReports1201011anuary 211100Neds Way tree referral report.doc Town of Tiburon Planning Division (495) 435-7390 www. ci. tib uron. ca, us TREE ORDINANCE TIBURON MUNICIPAL CODE TITLE IV CHAPTER 15A: TREES Section 15A-1 Purpose and policy. Section 15A-2 Definitions. Section 15A-3 When a permit is required. Section 15A-4 Exceptions from permit requirement Section 15A-5 Application filing and procedure. Section 15A-6 Application review procedure. Section 1 SA-7 Permit issuance. Section 15A-8 Appeal. Section 15A-9 Termination of permit. Section 15A-10 Violation--Penalty. Section 15A-1 Purpose and Policy. Title IV Adopted 12/03/1991 Page 1 Chapter 15A of the Tiburon Municipal Code Tree Ordinance EXHIBIT NO. The Tiburon Gener,-. Plan recognizes the importance of .;es to the character and beauty of the Town, and recognizes the role that trees have in advancing the public health, safety and welfare. The Town has therefore determined that reasonable regulation of the removal, alteration, and planting of certain trees is necessary to promote the public health, safety and general welfare of the community. Regulation of trees is based upon the following general policies: (a) Policy #1. The Town recognizes the scenic importance, shade-creating, and privacy- creating benefits of trees to the community. The Town also recognizes that trees can provide soil stability, noise buffering, and wind protection benefits, and can help prevent erosion and debris flow landslides on the hilly terrain which characterizes most of Tiburon. The Town of Tiburon greatly values its trees for their ecological importance, visual enhancement of the community, and their contribution to residential privacy and quietness. (b) Policy #2. The Town recognizes the special significance of "protected trees" (heritage trees, oak trees, and dedicated trees), and values the contribution which such trees make to the beauty and quality of life of Tiburon. Any tree (including an "undesirable tree") which has attained the size of trunk to qualify as a "heritage tree," as defined in section 15A-2 will be provided the permit protection afforded by this chapter. (c) Policy #3. The Town recognizes that certain types of trees, because of potential breakage and fire hazards, or their potential for creating view blockage due to rapid growth and tall height at maturity, should be prohibited from being planted without special permission. These trees are referred to as "undesirable trees." (d) Policy #4. The Town recognizes that because of the known benefits of trees, undeveloped properties and properties capable of further subdivision should be protected from unregulated removal of trees prior to the approval of development plans. Trees on such properties should be preserved so that they may be considered for incorporation into development plans. (e) Policy #5. The Town recognizes that residents in single-family and two-family zones should have the freedom to determine the nature of their private landscaped surroundings. In such zones, only the removal or alteration of "protected trees" and the planting of "undesirable trees" shall require permits. (f) Policy #6. The Town recognizes that properties located in zones other than single- family and two-family residential zones often have special landscaping circumstances, including commonly-owned or shared areas, and these special circumstances have the potential to affect significantly larger numbers of persons and properties if unregulated. Because of the potential for special landscaping circumstances, such properties require careful regulation. Therefore, all trees on such properties should be subject to reasonable regulation through the permit process. (Ord. No. 359 N.S., § 4 (part); Ord. No. 419 N.S., § 2(A), (B)) 15A-2 Definitions. Title IV Adopted 12/03/1991 Page 2 Chapter 15A of the Tiburon Municipal Code Tree Ordinance For purposes of this chapter, the following words and phi ases shall have the meanings ascribed to them: "Alteration" means any action which would significantly damage the health or appearance of any tree, whether by: (1) Cutting of its trunk or branches; (2) Filling or surfacing or changing the drainage of the soil within the drip-line of the tree; or (3) Performing other damaging acts. This definition does not include routine pruning and shaping, removal of dead wood, or other maintenance of a tree (including a protected tree) to improve its health, facilitate its growth or maintain its configuration to protect an existing view. "Design Review Board" means the Tiburon Design Review Board or its successor. "Person" means any individual, corporation, partnership, firm or other legal entity, including the Town. "Planning Director" means the Planning Director of the Town or his designee. "Planting" means the intentional installation or placement of a tree. "Property" means any land or area within the corporate limits of the Town of Tiburon which is subject to its regulatory authority. "Protected Tree" means any: (1) Heritage Tree, meaning any tree which has a trunk with a circumference exceeding sixty inches, measured twenty-four inches above the ground level. (2) Oak Tree, including coast live oak, blue oak, California black oak, interior live oak, canyon live oak, Engelmann oak or valley oak tree. (3) Dedicated Tree, meaning a tree of special significance so designated by resolution of the Town Council. "Removal" means the elimination, movement, or taking away of any tree from its present location. "Shrub" means a woody perennial plant smaller than a tree, usually having permanent stems branching from or near the ground. "Single-Family Residential Zone" means any property located in a zone for which the principal use is detached single-family residential. Typically, this means the R-1, R-1-BA, RO or RPD zone as shown on the Tiburon zoning map. Title IV Adopted 12/03/1991 Page 3 Chapter 15A of the Tiburon Municipal Code Tree Ordinance "Town Property" means any property owned in fee by the Town of Tiburon, or any easements, rights-of-way or other similar interests of the Town in property. "Tree" means: (1) A woody perennial plant that has a trunk circumference of twenty inches measured at twenty-four inches above the ground surface; or (2) A woody perennial plant at least fifteen feet in height that usually, but not necessarily, has a single trunk. In applying subsection (1) above, for trees with more than one trunk, the circumference measurement shall be ascertained from a single measurement around the outside perimeter of all trunks and shall not be calculated as the sum total of the circumferences of the individual trunks. References to "tree" shall include the plural. The Planning Director or his designee shall have reasonable discretion to distinguish between a "tree" and a "shrub" within the confines of the definitions found in this chapter. "Two-Family Residential Zone" means a property located in a zone for which the principal use is two-family or duplex residential. Typically, this means the R-2 zone as shown on the Tiburon zoning map. "Undesirable Tree" means a Blue Gum Eucalyptus, Monterey Pine, Monterey Cypress, Coast Redwood, or any other species of tree (regardless of its height or trunk circumference) that generally grows more than three feet per year in height and is capable of reaching a height of over thirty-five feet at maturity. An "undesirable tree" nevertheless constitutes a "protected tree" if it meets the criteria set forth in that definition. Tree height at maturity and tree growth rate shall. be determined using a recent edition of the Sunset Western Garden Book. Trees characterized as having a "fast growth" rate in the Western Garden Book shall be conclusively presumed to grow at least three feet in height per year. Trees characterized as having a "moderate to fast growth" rate in the Western Garden Book shall be conclusively presumed to grow less than three feet in height per year. If the necessary information on height and growth rate is not available in the Western Garden Book, then other information sources may be substituted in the reasonable discretion of the Planning Director. Applicants may submit additional written information from other published sources that may be used in the Planning Director's reasonable discretion to make necessary determinations for tree height at maturity and tree growth rate. "Undeveloped Property" means any property which: (1) Is not improved with a primary building (for example, a dwelling unit or place of business); or Title IV Adopted 12/03/1991 Page 4 Chapter 15A of the Tiburon Municipal Code Tree Ordinance (2) Is improved wits a primary building, but is of sufficient land area that it could be subdivided. Subdivision potential shall be based upon the minimum lot area requirement for the zone in which the property is located. (Refer to Tiburon zoning ordinance for minimum lot areas in each zone). 15A-3 When a Permit is Required. The planting, removal or alteration of the following trees is regulated by this chapter and shall require a permit: (a) Protected Tree. Removal or alteration of any "protected tree" on any property is prohibited without the prior issuance of a permit. (b) Undesirable Tree. Planting of any "undesirable tree" on any property is prohibited without the prior issuance of a permit. (c) Town Property. Planting, removal or alteration of any tree on "Town property" is prohibited without the prior issuance of a permit, except that in cases of Town action on Town property, only the removal or alteration of a "protected tree" or the planting of an "undesirable tree" shall require a permit. (d) Undeveloped Property. Removal or alteration of any tree on "undeveloped property," including property which could be subdivided, is prohibited without the prior issuance of a permit. (e) Single-Family-or Two-Family-Residential Zones. Removal or alteration of any "protected tree" or the planting of any "undesirable tree" is prohibited without the prior issuance of a permit. (f) All Other Zones. Removal or alteration of any tree located in a zone other than a "single-family residential zone" or a "two-family residential zone" is prohibited without the prior issuance of a permit. 15A-4 Exceptions from Permit Requirement. (a) A permit shall not be required under this chapter if the planting, alteration or removal of a tree has been authorized by a zoning, subdivision or other valid permit issued by the Town. The burden shall be on the applicant to demonstrate such approval. (b) If personal injury or property damage is imminently threatened, or the fire marshal declares a tree to be a fire hazard, the chief of police, superintendent of public.works, Planning Director, or Town manager may authorize or order the removal or alteration of a tree without compliance with other provisions of this chapter. The removal or alteration carried out in such emergency conditions shall be reported to the Planning Director on the first business day following the work. Title IV Adopted 12/03/1991 Page 5 Chapter 15A of the Tiburon Municipal Code Tree Ordinance 15A-5 Application riling and Procedure. (a) Any person wishing to plant, remove, or alter a tree regulated by this chapter shall apply in writing to the Planning Director for a permit. Application forms are available in the planning department. The fee for such application shall be established by resolution of the Town Council. Applications filed with the Planning Director shall: (1) Identify the property on which the tree is located. (2) Provide a perimeter outline of any existing or proposed buildings on the property. (3) Specify the location of the tree within reasonable accuracy to facilitate easy identification. (4) State the species of the tree, the approximate height of the tree (currently and at eventual maturity), and the circumference of the trunk measured at twenty-four inches above the ground surface. (5) Furnish a statement of the reason for the request. (6) Provide evidence, in writing, of property owner permission. (b) The Planning Director may require additional information to secure the purposes of this chapter, including a report by a certified arborist satisfactory to the Town, and/or a tree inventory of the subject property, when reasonably necessary to make a final determination. The cost of any such report or additional information shall be responsibility of the applicant. 15A-6 Application Review Procedure. (a) Once the Planning Director determines that the application is complete, he should cause to be mailed "courtesy" notices to all owners of property, as listed on the available county assessment rolls, within three hundred feet of the subject property, and to residents and other parties, including homeowners associations, which in the discretion of the director, may be significantly affected. The notice should briefly describe the proposed work to be performed. Courtesy notices should be mailed at least ten days prior to a decision by the director. (b) On applications for planting an undesirable tree, the Planning Director shall within fifteen days inspect the site and shall consider the following factors in deciding whether, in the exercise of his discretion, to issue or deny the permit: (1) The suitability of the location for the tree requested to be planted; (2) The potential for unreasonable or undesirable view blockage by the tree at maturity. (c) On applications for the alteration or removal of trees, the Planning Director shall within fifteen days inspect the trees and the site. The director shall then consider the following factors in deciding whether, in the exercise of his discretion, to issue or deny the permit: Title IV Adopted 12/03/1991 Page 6 Chapter 15A of the Tiburon Municipal Code Tree Ordinance (1) The condition of the tree with respect to disease, hazard, proximity to existing or proposed structures or interference with utility services. (2) The necessity of removal or alteration of the tree in order to develop the property. (3) The topography of the land and the effect of tree removal or alteration on protection from wind, soil erosion or increased flow of surface water. (4) The number of trees in the neighborhood, and the effect of removal or alteration of the tree on the character of the neighborhood, including privacy impacts on neighboring properties. (5) Good forestry practices; i.e. the number of healthy trees that a given property will support. (6) The historical significance and age of the tree. 15A-7 Permit Issuance. (a) The Planning Director may issue the permit upon finding that it would be consistent with the purposes, policies and regulations set forth in this chapter. The Planning Director shall have the discretion to refer any application to the Design Review Board for hearing and action, and the board shall have all authority and discretion of the Planning Director, as set forth in this chapter, in acting on applications. (b) The Planning Director may attach such conditions to the permit as deemed necessary, in the exercise of his discretion, to accomplish the purposes of this chapter. Such conditions may include, but are not limited to, regulation of planting, cutting, grading, drainage, irrigation, encroachment into drip-line areas, paving and surfacing limitations, maintenance of trees at a maximum height, and erection of protective fencing. Replacement of removed trees, on a basis of up to three to one, may also be required as a condition of approval. Where appropriate, any conditions attached to a permit shall run with the land and apply to permittee's successors in interest. The Planning Director may direct that any permit shall be recorded with the Marin County recorder. 15A-8 Appeal. (a) The decision of the Planning Director may be appealed to the Design Review Board. A written appeal must be filed with the planning department within ten days of the decision. (b) No permit granted under the provisions of this chapter shall be effective until the expiration of ten days following the granting of such permit. If an appeal is filed, action under any permit shall be suspended pending the outcome of the appeal. (c) The Design Review Board shall hear the appeal within thirty days of its filing. Notice of the time and place of the appeal hearing shall be given to the applicant, appellant and other persons as deemed appropriate by the Planning Director. The Design Review Title IV Adopted 12/03/1991 Page 7 Chapter 15A of the Tiburon Municipal Code Tree Ordinance Board may affirm, averse or modify the decision of the manning Director. The decision of the board shall be final. 15A-9 Termination of Permit. Unless a longer time is set forth in the permit, a permit shall be valid for only one hundred eighty days from final approval, and thereafter shall become null and void. For good cause, time extensions may be granted in writing by the Planning Director. 15A-10 Violation--Penalty. In addition to all other remedies available under this Code or state law, any violation of this chapter shall be subject to abatement as a public nuisance. All costs relating to the enforcement of this chapter shall be borne by and recoverable from the person in violation thereof. Form Revised 03/17/09 S/Planning/Forms/Tree Ordinance Handout Title IV Adopted 12/03/1991 Page g Chapter 15A of the Tiburon Municipal Code Tree Ordinance Z TOWN OF TIBURON LAND DEVELOPMENT APPLICATION TYPE OF APPLICATION O Conditional Use Permit O Design Review (DRB) O Tentative Subdivision Map O Precise Development Plan O Design Review (Staff level) O Secondary Dwelling Unit O Variance O Zoning Amendment/Prezoning O 'Floor Area Exception O General Plan Amendment O Sign Permit O Change of Address Tree Permit O Final Subdivision Map O Parcel Map O Lot Line Adjustment O Certificate of Compliance O Other APPLICANT REQUIRED INFORMATION SITE ADDRESS: 0b N a 5 ~iAli PROPERTY SIZE: PARCEL NUMBER: --L_Si - ZONING: r- T~ r OWNER OF PROPERTY. I yh2 i 1 S(2 z) MAILING ADDRESS: (0b CITY/STATE/ZIP TiG. PHONE NUMBER: LA24S7 ' 5 ~ FAX L/3 5-- S~2 APPLICANT: (Other than Property Owner) MAILING ADDRESS: PHONE NUMBER: CITY/STATE/ZIP FAX ARCHITECT/DESIGNER/ENGINEER: MAILING ADDRESS: Please indicate with an asterisk persons to whom Town correspondence should be sent. BRI F DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed): C-e u. /ly- s 6, /U ~-~►.t,J "rev-4 Lt" F- I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorney's fees that might result from the third party challenge. *Signature: Date: " y 0% EXIIIBI NO. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division (415) 435- 7390 NOV 12 c 4~ www.ci.tiburon.ca.us TOWN OF TI B U RON TREE PERMIT APPLICATION 7-11-3v-Cc-1,,j Address: /00 V64S u%4 g Assessor's Parcel Number: 098- `SC- 3J Zoning Number of trees to be removed: Species of trees: ~0c 4 1 Size of trees (circumference in inches): Reasons for trees to be removed or altered: Werlry A-Aed,~, rot ► ree e a -15L e5 T R tFCF S = /05 T tr .Sc'C f~ Office Use Only File Number: ( 7- -5 l Date Received: LL alc~~ THE HIL/ 100 Ned's ~ Phone: (41', wf rrtl ~•f J~.~ .J ,~t ss r • rTA . ;QC c 4o ` ZOO,► ooe s iF a r -o __X rn, o :3 Z 1> VAOO Mob' CD CD CT1 ~ cr U, C c d o W CJ~ ~t m 7 O C CZ) c~ uO .0 Z- 3 0 ~l 10 "T jul _ 10 c.lJ IW - G. N ~I I 1 i I - - 11 i { ~i ii I ,I. i-~ z n z n V C D z rrQ V, n D rn z A11 E o c p ➢ c ~ z v c r~ fn ~ v o 2 o g o rn ~a ~vd ao~ `1`` ~3OO 5 ~ s S \ Go v ~A / J s Qa (P Z9 z L= 1 D 1 r G) CY G °L ~ o ` F l ~ n NFp WAY - ` - rn I ~ D O ' z I r N N ip € N Nilarlta Apartments 100 Neds Way _ Tiburon, Cal(forrna c `p t f.~ i f ^'F EXHIBIT NO..~ -4 FXT-TTlP.TrPv(l ~b f0; Lr\ EXHIBIT NO. 6 EXHIBIT NO.______ L /1-Y ji l / LrP-D : , 1~,, _v-- c e) NOV 2 4 oll -cam d EXHIBIT NO.$ Hilarita Apartments 100 Ned -'s Way Tiburon, CA 94920 Phone: 415-435-4450 Fax: 415-435-5220 Email: hilarita ab sco. net Dear Residents, November 12, 2009 The Hilarita Board of Directors has been requested and has agreed to.restore the view of one of our neighbors by lowering the Eucalyptus trees in the lower parking lot. This is a legal right that the neighbor has per the Town of Tiburon's municipal ordinance, Title IV, Chapter 15. To enhance the health of the eucalyptus trees we will be also prune and thin them at the same time. We have contacted the Town of Tiburon and they have given us permission to proceed with the pruning and crown reduction. We will start working on them Monday, November 16th and hope to finish by Friday, November 20ffi in the afternoon. It will be necessary that residents remove their vehicles from the Tiburon Blvd. side of the lower parking lot by Sam starting Monday. Portions of this area may be re-opened during the week as the work progresses. Thanks for your cooperation, Cherry Reilly Property Manager EQUAL IOVl.11G A• VtI.TUMITY 341, n ~ _ r,l f.. fir. r• / E-s ! sIBIT N .r z --4 ZZ/ Zia It / r~•' GC2~ /~~Chl/C• /L'L~.ei'l ` C~ 7ZX~-71 s . 1~~nNd ZI) v d~ 71 17~ Z14 ~~'is~ i~>-mss %1 We, the undersigned, live on the Hilarita property and the following issue has a direct impact on our lives. We want it noted to everyone concerned that we want the 6 Blue Gum Eucalyptus trees which border the Hilarita property and stand along Tiburon Blvd, to remain where they are and not be removed. These trees provide some relief from the sun and from the heat. The trees act as a shield for the carbon monoxide fumes and the accompanying dirt and dust. The trees also act as a sound reducer for the traffic on Tiburon Blvd and they serve as a privacy barrier between the residents and the road. In 2009, after examination by an arbonst, the John Stewart Management Company stated that these trees are healthy and sound (see memo dated January 12, 2009). In past years, landscaping experts proclaimed that if the trees were removed, the very large stumps would have to be dynamited out and/or treated with very toxic chemicals which would leave the soil sterile, preventing growth of anything. We believe that these trees should be preserved, protected, and maintained. h tom' /v u /)?;96,q 4 9 t c~ kirti ri v 7 fc> We, the undersigned, live on the Hilarita property and the following issue has a direct impact on our lives. We want it noted to everyone concerned that we want the 6 Blue Gum Eucalyptus trees which border the Hilarita property and stand along Tiburon Blvd, to remain where they are and not be removed. These trees provide some relief from the sun and from the heat. The trees act as a shield for the carbon monoxide fumes and the accompanying dirt and dust. The trees also act as a sound reducer for the traffic on Tiburon Blvd and they serve as a privacy barrier between the residents and the road. In 2009, after examination by an arborist, the John Stewart Management Company stated that these trees are healthy and sound (see memo dated January 12, 2009). In past years, landscaping experts proclaimed that if the trees were removed, the very large stumps would have to be dynamited out and/or treated with very toxic chemicals which would leave the soil sterile, preventing growth of anything. We believe that these trees should be preserved, protected, and maintained. CT j.+-.c•.r...,.~.•+. - ww..e.~.we4wti+s.--.vr.. ~.-_-c_ r wra..-.a. mss:- - r _ ..urrwo,va•wu._ _ 4 1,2 n 5 ~ lei i V 41 liu- \-C5 We, the undersigned, live on the Hilarita property and the following issue has a direct impact on our lives. We want it noted to everyone concerned that we want the 6 Blue Gum Eucalyptus trees which border the Hilarita property and stand along Tiburon Blvd, to remain where they are and not be removed. These trees provide some relief from the sun and from the heat. The trees act as a shield for the carbon monoxide fumes and the accompanying dirt and dust. The trees also act as a sound reducer for the traffic on Tiburon Blvd and they serve as a privacy barrier between the residents and the road. In 2009, after examination by an arbonst, the John Stewart Management Company stated that these trees are healthy and sound (see memo dated January 12, 2009). In past years, landscaping experts proclaimed that if the trees were removed, the very large stumps would have to be dynamited out and/or treated with very toxic chemicals which would leave the soil sterile, preventing growth of anything. We believe that these trees should be preserved, protected, and maintained NAME, -V U M46A D, .77 Y 3 g ^,~~/r sVVV - V 2.a "2 We, the undersigned, live on the Hilarita property and the following issue has a direct impact on our lives. We want it noted to everyone concerned that we want the 6 Blue Gum Eucalyptus trees which border the Hilarita property and stand along Tiburon Blvd, to remain where they are and not be removed. These trees provide some relief from the sun and from the heat. The trees act as a shield for the carbon monoxide fumes and the accompanying dirt and dust. The trees also act as a sound reducer for the traffic on Tiburon Blvd and they serve as a privacy barrier between the residents and the road. In 2009, after examination by an arborist, the John Stewart Management Company stated that these trees are healthy and sound (see memo dated January 12, 2009). In past years, landscaping experts proclaimed that if the trees were removed, the very large stumps would have to be dynamited out and/or treated with very toxic chemicals which would leave the soil sterile, preventing growth of anything. We believe that these trees should be preserved, protected, and maintained. D 3 c1- L 10 9 lc~ IV We, the .undersigned, live on the Hilarita property and the following issue has a direct impact on our lives. We want it noted to everyone concerned that we want the 6 Blue Gum Eucalyptus trees which border the Hilarita property and stand along Tiburon Blvd, to remain where they are and not be removed. These trees provide some relief from the sun and from the heat. The trees act as a shield for the carbon monoxide fumes and the accompanying dirt and dust. The trees also act as a sound reducer for the traffic on Tiburon Blvd and they serve as a privacy barrier between the residents and the road. In 2009, after examination by an arborist, the John Stewart Management Company stated that these trees are healthy and sound (see memo dated January 12, 2009). In past years, landscaping. experts proclaimed that if the trees were removed, the very large stumps would have to be dynamited out and/or treated with very toxic chemicals which would leave the soil sterile, preventing growth of anything. We believe that these trees should be preserved, protected, and maintained. NUM Ca 3 5 / o t -5z-6 - ie> V M ! ~ f J A Town of Tiburon - 1505 Tiburon Boulevard - Tiburon, CA 94920 - P. 415.435.7373 F. 415.435.2438 - wmv.ci.tiburon.ca.us Community Development Department December 1, 2009 Ms. Linda Tilton, Director John Stewart Company 1388 Sutter Street 11th Floor San Francisco, CA 94109-5427 RE: Tree Permit No. T09-31; 100 Ned's Way; The Hilarita Apartments Dear Ms. Tilton: The Town of Tiburon Planning Division has received a Tree Permit application (T09- 31) requesting the removal of six (6) Blue Gum Eucalyptus trees on property located at 1.00 Ned's Way (The Hilarita). As you may be aware, this application, and the premature stripping of limbs on three of the subject trees, has caused considerable controversy, including multiple calls to the Tiburon Police Department and Tiburon Community Development Department, a citation and fine for violations of the Tiburon Tree Ordinance, and a petition of opposition signed by over forty Hilarita residents. Pursuant to Title IV, Chapter 15A, Section 15A-7 of the Tiburon Municipal Code, the Director of Community Development is referring this application to the Design Review Board for review and action. In addition to an unusual amount of controversy, Town Staff is also concerned about a perceived piece-meal approach to tree removals along the Tiburon Boulevard frontage, and perhaps elsewhere on the property. Town Staff would like to schedule a meeting with you to discuss, at a minimum, your long-term plans for the significant row of trees fronting Tiburon Boulevard, as well as the Design Review Board meeting date at which this tree permit application will be heard. Please contact me at your earliest convenience at 415-435-7397 to schedule a meeting. Sincerely, Laurie Tyler Associate Planner C: Tony Gourd 100 Ned"s Way Tiburon, CA 94920 EXHIBIT NO...~~ December 16, 2009 Ms. Laurie Tyler Associate Planner Town of Tiburon Community Development Department 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Tree Permit No. T09-31 100 Ned's Way, The Hilarita Apartments Dear Ms. Tyler: DELI 0 ~ -,S Attached please find a drawing prepared by our Landscape Architect depicting the locations of the six (6) Tasmanian Blue Gum trees we have requested to remove and replace. The drawing shows the locations and the types of proposed "replacement" trees we would like to plant. You may be aware that when any eucalyptus-type tree is removed, the oil left in the ground is toxic to most replacement trees one might want to plant in exactly the same location. There are only a few species which are suitable for this purpose, and our landscape architect recommends Pittosporurn Undulatum (Victorian Box.) In addition, we would like to plant approximately twelve (12) Lagerstroemia Hybrids 'Red Rocket" (Red flowering Crape Myrtle) trees underneath the canopy of the existing, remaining Eucalyptus Compactus. There is absolutely no discussion about nor development of a plan to remove or replace the Eucalyptus Compactus trees in the foreseeable future. This suggestion has never been a part of our application for a permit to remove and replace the Blue Gum trees. We look forward to a timely response on this permit approval, and thank you for your time and consideration. Sincerely, ~inda T~ton Directo of Property Management EXHIBIT NO. 101 1388 Sutter St., 11th Floor • San Francisco, CA 94109 • Tel: (415) 345-4400 - Fax: (415) 614-9175 San Francisco • Sacramento • South Bay Regional Office • Los Angeles . San Diego j~ 1 i I T iDir NO Hilarita Apartments 100 Ned"s Way Tiburon, CA 94920 Phone: 415-435-4450 Fax: 415-435-5220 Email: hilarita@jsco.net December 8, 2009 Mr. Scott Anderson Community Development Director Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Permit Application - Remove 6 Blue Gum Trees (Application filed November 11, 2009) The Hilarita Apartments, 100 Ned's Way, Tiburon Dear Mr. Anderson: Our meeting yesterday to discuss our permit application for the removal of six dangerous Tasmanian Blue Gum trees from the Hilarita property was a great disappointment. As you know, the trimming of all eucalyptus trees in the row under discussion was precipitated by a complaint from a neighbor at 985 Tiburon Boulevard, that the row of eucalyptus trees were blocking their view. The owners of The Hilarita took immediate action to remedy that situation: Contacted Dan Watrous at the Planning Department, were given permission to do trimming and crown reduction of all the eucalyptus trees in the row, and filed an application for a permit to remove and replace six (6) Tasmanian Blue Gum trees from this row. The replacement trees we have suggested are all approved by the Tiburon Planning Department: Victorian Box (pittisporum), Crape Myrtle, New Zealand Tea Tree, and flowering Plum. The six Blue Gum trees are problematic because they are significantly taller than the surrounding E. Compactus trees and they cannot be successfully pruned without erratic new growth that is weak and prone to breakage. Two of the Blue Gums at the corner of Ned's Way are growing up into the electric power lines along the boulevard, they are of such significant height that if either of these trees were to fall, or if any of the large branches at the top were to drop, they could easily fall on people at the bus stop directly below the trees, the trees could entirely block Tiburon Boulevard, and potentially, if either of them fell, they could even hit someone on the bike path across the Boulevard. We showed you the attached photograph of the location and size of these trees and their proximity to the power lines, the bus stop, and the boulevard. You refuse to grant the permit for removal and replacement of these trees, telling us to take this issue to the Design Review Board meeting January 21, 2010. This is an unreasonable delay. The National Weather Service is predicting a series of storms in the next few weeks, more severe than any storms in the Bay Area in the last seven years. Yet, the Planning Department declines to take aggressive action, which would be appropriate, to allow us to remove those trees now. The Town of Tiburon has constructive knowledge that these trees pose a significant risk to public safety. We have done everything within our power to ask timely permission to remove (and replace) these trees; We are unreasonably obstructed by the inaction of the Town Planning Department. o.v~.~ur~r♦ EXIIIBIT NO As such, the Town of Tiburon has now incurred significant liability if any of these events should occur during the period from now until the end of January when the trees are finally removed. We appeal to the Town Manager and the Town Attorney to review the postponement of this permit application. The Blue Gum Eucalyptus is clearly described in the Municipal Ordinance as an "Undesirable Tree" by reason of its tall height, rapid growth, shallow root structure, flammability, and breakability. It is not reasonable that a private property owner, who has taken all necessary steps to ameliorate what is clearly a potentially dangerous situation, should be potentially liable in the event that property damage or personal injury might result from the trees. The Hilarita Apartments does NOT accept responsibility should any calamity occurs during this period of imposed delay. Sincerely, HILARITA-TIBURON ECUMENICAL ASSOCIATION Keith Lester President Cc: t/Peggy Curran, Town Manager /Ann Danforth, Town Attorney ✓Laurie Tyler, Associate Planner Chuck Quick, Vice President, HTEA Board Ron Barney, Tiburon Fire Department ^1 ~.s ~4 1 n A3,, _•a Jima }=rS lit ~•PC 1 •Y, a 3 _ i'~~:F y S.!q Y~u.l i•vd ..id6CriYLXr:.. .4 wir Hilarita Apartments: UFMP Phase H Moritz A rboricultural Consulting 100 Ned's Way, Tiburon, CA 94920 Urban Forestry Associates Faults: Deciduous of lower branches. Tends to form multiple codominant leaders. Extremely aggressive roots damage building and infrastructure. Suckers may prove a nuisance in lawn of specimen plantings. Blue Gum Eucalyptus - Eucalyptus globulus `globules` The subject tree is Eucalyptus globulus `globulus', commonly known as Tasmanian Blue Crum. Blue gum is a shallow rooted species, often with- poor anchorage relative to the height and mass of mature trees. This species frequently grows rapidly to a.mature height and canopy spread far greater than the available growing space in urbanized landscapes. It is one of the fastest growing trees in the world. This species resprouts prolifically from dormant buds below the bark when it is been aggressively trimmed, topped or cut to a stump. Blue Gum is one of the most failure prone trees in northern California. It has extremely heavy wood and is prone to developing over-extended limbs. It tends to form upright branches with weak attachments and often acute angle crotches weakened by included bark that can wedge the crotch apart -.particularly after topping or aggressive trimming. Fire hazard studies have found that Blue Gum produces more dead and down material (branches, bark, twigs and leaves) per annum then any other species in California. It contains approximately 08,500 BTU's to the pound. The woody leaves and bark contain high amounts of volatile oils. It has deciduous barb that litters the ground around the tree, collects in crotches and persists in long hanging strips on the trunks and branches. The loose bark provides a "fuel ladder" that intensifies fire intensity under the canopy and encourages crown (canopy) fires. Blue Gum forest supports high intensity fires and is highly prone to "fire brand" production that can ignite wildland, landscape and structural fuels well ahead of the fire front. This species grows rapidly to a mature height and spread far greater than the available growing space. It is one of the fastest growing trees in the world. It resprouts prolifically from dormant buds below the bark when it has been fire damaged, aggressively tdm:u ied, limbed or topped. Page 61 of 64 Hilarita Apartments: UFMP - Phase H Moritz Arboricultural Consulting 100 Ned's Way, Tiburon, CA 94920 Urban Forestry Associates REPLACEMENT SPECIES RECOMMENDATIONS SMALL: Strawberry Tree (Arbutus unido) Evergre6n' • Height: 20 feet; Spread 15 feet • Growth rate is slow to moderate • White/pink, not highly showy flowers but quite attractive, red fruit • Full sun • Maintenance: Low • Pest and disease resistant Crape Myrtle (Lagerstroemia fauriei or indica) • Deciduous • 15 to 25 feet, Spread 10 to 16 feet • Growth rate is fast at first, then moderate • Showy flowers from red to pink to whit, brilliant Fall color. • Frill sun • Maintenance low to moderate • Pest and disease resistant Mossy Privet (Ligustrum lucidurn) • Evergreen • Height: 20 feet; Spread 15 feet • Growth rate is fast • White, not showy flowers, fragrant • Tolerant to partial shade to full sun • Maintenance: Low Pest and disease resistant Yew Pine (Podocarpus gracilior) • Evergreen, round form • Height: 20 feet; Spread 15 feet • Growth rate is fast/moderate • Tolerant to partial shade to full sun • Maintenance: Low • Pest and disease resistant Page 62 of 64 Hilarita Apartments: UFMP - Phase .I.£ rob Ned's Way, Tiburon, CA 94920 Small Leaf Tristania (Tristania laurina) • Evergreen, round form • Height: 20 feet; Spread 15 feet • Growth rate is slow • Tolerant to partial shade to fail sun • Maintenance: Low • Pest and disease resistant MEDIUM: Italian Buckthorn (Rhamnus altenzatus) • ' Evergreen • Height: 20-35 feet; Spread 20 feet • Growth rate is fast • White, insignificant flowers • Tolerant to light shade to full sun • Maintenance: Low. • Pest and disease resistant Fern Pine (Podocarpus gracilior) • Evergreen • Height: 25-35 feet; Spread 20 feet _ • Growth rate is slow • White, not showy flowers in the spring • Tolerant to dense shade to full sun • Maintenance: Low. • Pest and disease resistant Australian Willow (Geijera parvflora) • Evergreen • Height: 20-30 feet; Spread 20 feet • Growth rate is moderate • Tiny white flowers in spring. No seed or fruit drop. • Maintenance: Low • Tolerant of drought and sandy soils. • Disease and pest resistant Victorian Box (Pittosporurn undulatunz) • Evergreen • Height: 25-40 feet; Spread: 20 feet Moritz. 4rboricultural Consulting Urban Forestry Associates Page 63 of 64 Hilarita Apartments: UFMP - Phase II 100 Ned's Way, Tiburon, CA 94920 • growth rate is moderate • White fragrant flowers; bloom March - May • Maintenance: Moderate Lemonwood (Pittosporum eugenioides) • Evergreen • Height: 35,40 feet; Spread 10-35 feet • Growth rate is moderate R White showy & fragrant flowers; bloom spring and summer Tolerant to light shade to full sun • Maintenance: Low • Pest and disease resistant Moritz Arboricultural Consulting Urban Forestry Associates uiia Hix ISA Certified Arborist WE-7252A Urban Forester Page 64 of 64 Urban Forester, SAF Cert. 4 241 - . r ~j~~ ROLF EiSELIN 1868 MOUNTAIN VIEW DRIVE RES. LA COTE 60 TIBURON, CA 94920-1810 1110 MORGES USA SUISSE tel. + 1 415 435 1198 tel. + 41 21 801 7077 fax + 1 415 435 1238 fax + 41 21 801 7036 e-mail: rolfeiselin@aol.com 8002 ZURICH tel. + 41 44 281 0774 ARCHITECT SIA DIPL.EPFZ REGISTERED ARCHITECT, STATE OF ILLINOIS, USA + SWITZERLAND Addresses: till N 3.31.10: Tiburon, CA, USA; from ~ 4.24.10 till - 7.15.10: Morges, Switzerland Tiburon, 19 Jan.2010 Deign Review Board Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Design Review Board Meeting, 21 Jan. 2010 pending application to remove six trees along Tiburon Blvd. my appeal to save the trees Dear Director and members of the Design Review Board The row of about forty trees along Tiburon Boulevard is an important part of the greenbelt at the approach to the town of Tiburon and the city of Belvedere, and their beautiful setting can be enjoyed by both, residents and visitors alike. For the Hilarita houses they provide privacy, shade, soil stability and a barrier against traffic noise, car exhausts, dust and strong winds. They are also precious as heritage, due to their high age (more than half a century) and they could not be replaced by trees of their majestic size. Besides, they are healthy and need just occasional maintenance. Let's protect them and take good care. Sincerely, Rolf Eiselin LATE M# 3 cc: Mr. Scott Anderson, Community Development Director Mr. Daniel Watrous, Planning Manager Page 1 of 1 LATE MAIL #0=-.,3 Scott Anderson From: kathleen kestelyn [kkestelyn@gmail.com] Sent: Tuesday, January 19, 2010 10:45 AM To: Scott Anderson; Dan Watrous Subject: Tree Permit Application- Hilarita Apts. Comments For Consideration Dear Mr. Scott Anderson and Mr. Dan Watrous, I understand that I may be too late to submit written comments, I was not at home to receive your notice until today. I am a resident of almost 33 yrs at the Hilarita Apts. Many trees have been removed or pruned in the past few years, and specifically those along the Tiburon Blvd have become a concern of the residents who benefit from the trees involved in the permit request by the HTEA. I understand that blue gum eucalyptus trees may be a fire hazard and rumors have suggested that the trees in question are beetle -infested. I do not have access to any tree expert recommendation in this matter, but only know that a group of residents want to keep a tree barrier along the Tiburon Blvd. to provide health and comfort protection from the noise and carbon monoxide from cars. They provide privacy, shade and wind/rain protection also. If it is a "done deal" that these trees and the rest of them will be removed, what guidelines are followed in such matters? Will these residents along the highway have any replacements to protect them as the homeowners do on the other side of the highway? When the town removed all the trees along the bike path to enhance the sewage system, the town replaced the trees with fast growing bushes/trees? Will this be mandated also in the matter? When this issue comes up in the Design Review Board meeting on Thursday, January 21 st at 7PM, I hope that you will consider these concerns. Thank you for taking the time to read this request and consider the concerns. Respectfully, Kathleen Kestelyn 513 Neds Way Tiburon, CA 94920 Tel.# 435-9407 1/19/2010 To: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Members of the Design Review Board Design Review Board Meeting March 4, 2010 Agenda Item: From: Director of Community Development Subject: 100 Ned's Way: Director's Referral of a Tree Permit application to remove six (6) blue gum eucalyptus trees from the Tiburon Boulevard frontage of the Hilarita Apartments; File No. T2009-31; Tiburon Hilarita Ecumenical Association, owner and applicant; Assessor Parcel No. 058- 151-39 (Continued from January 21, 2010) BACKGROUND The Board heard this item at its January 21, 2010 meeting and received testimony from the applicant and several interested persons. The Board provided direction to the applicant and continued the item to this meeting. A copy of the adopted minutes for the January 21, 2010 meeting is attached as Exhibit 1. At the conclusion of the meeting, it appeared that a majority of the Board was leaning toward supporting the removal of the six blue gum eucalyptus globulus trees, provided that a satisfactory replacement plan and longer-term "master plan" addressing the row of approximately 40 trees along Tiburon Boulevard was submitted. Staff therefore sent a letter (Exhibit 2) to the applicants setting forth direction to advance the application consistent with the Board's comments. ANALYSIS In response to direction from the Board and Town staff, the applicant has submitted a revised and expanded Landscape Plan addressing the Hilarity frontage along Tiburon Boulevard, including a planting plan (2 sheets) with profiles and planting specifications (Exhibit 3), a narrative (Exhibit 4), and botanical information on the proposed tree species (Exhibit 5). Immediate Replacement Plantings The plan proposes 24 inch box size Lophostomon conferta (Brisbane Box) trees, also known as Tristania conferta trees, as the immediate replacements on a one-to-one basis for the removed blue gum trees. These trees grow to a height of 40-60 feet and would eventually provide screening similar to that of the remaining compactus trees. The plan proposes to achieve parking lot level screening though use of one or more varieties of accent trees, including crape myrtle, pink melaleuca, Australian willow, lemon bottlebrush, or toyon, on a two-to-one basis, with a minimum size of 15-gallons upon planting. "I ffi, ' N OF TIBLTRON EXHINM'N0._D_ Board Niectir)o Longer-term Replacement Plantings While there are no immediate plans for replacement of the dwarf blue gum (compactus) trees in the row, the Board requested that the plan address potential long-term replacement of these trees. The plan responds with proposed use of one or more of the following "future primary replacement trees": Brisbane Box, Victorian Box, Lemonwood, Cajeput, and Strawberry tree, all at minimum 15-gallon size. Staff believes that these trees should be specified as minimum 24 inch box. Additional accent trees from the same list as above and at a minimum of 15-gallon size, would accompany any of these larger replacement trees in order to provide parking-lot level screening. Planting Specifications and Replacement of Failed Trees The plan also contains stump grinding standards, ground preparation and planting specifications, soil amendment standards, and replacement of any unsuccessful trees after one year. Staff sees the planting plan as a useful guide should additional eucalyptus tree replacements become necessary over time. The Board should be aware that the Hilarita has filed a separate, as yet incomplete, application for the removal of three Monterey pine trees near the Ned's Way intersection, immediately south of the two large untrimmed eucalyptus trees proposed for removal as part of the application before the Board. The Landscape Plan depicts this area as being where "future primary replacement trees" in the list above would be located. Due to the bus stop pull-out, there is less space in this area for secondary replacement plantings and no car parking immediately behind the trees, so staff considers the primary replacement trees, at 24 inch box size, to be adequate replacement in this area, along with additional plantings of myoporum. PRELIMINARY ENVIRONMENTAL DETERMINATION Town Planning Division Staff has made a preliminary determination that this proposal would be exempt from the provisions of the California Environmental Quality Act (CEQA), as specified in Section 15304. PUBLIC COMMENT The Town has received one letter (Exhibit 6) from a Hilarita resident since the prior meeting. RECOMMENDATION Staff concludes that the enhanced Landscape Plan is responsive to the direction of the Board and recommends that the Design Review Board: 1. Accept any applicant and public testimony on the item. 2. Determine that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304; 3. Make any desired changes to the Landscape Plan and narrative; and 4. Move to adopt the resolution (Exhibit 7) conditionally approving the application. Exhibits: 1. Minutes from Design Review Board meeting of January 21, 2010 on this item 2. Town letter to Hilarita management dated February 4, 2010 3. Landscape Plan (2 sheets) revised 2/26/2010 4. Landscape Plan Narrative (2 pages) dated 2/26/2010 5. Information sheets on proposed tree species (11 pages) 6. Letter from Chris Darling received February 25, 2010 7. Draft Resolution Prepared By: Scott Anderson, Director of Community Development S:OanninglDesign RevieMStaffReports120101March 41100Neds Way tree referral report.doc F0~ co oply All Boardmembers agreed it is a great design and nice work, and they appreciate the work done with neighbors to resolve issues. ACTION: It was M/S (Kricensky/Tollini) that the request for 2 Gilmartin Court is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, and the request is approved, subject to the attached conditions of approval. Vote: 4-0. E. 3. NEW BUSINESS BEFORE THE BOARD 100 Ned's Way Hilarita-Tiburon Ecumenical Association Tree Permit Application The Hilarita Tiburon Ecumenical Association (HTEA) filed an application for removal of six (6) blue gum eucalyptus trees with the Town on November 12, 2009. Notices of the application were mailed out on November 17, 2009 and a tentative decision date on the application was set for December 1, 2009. On or about November 25, 2009, prior to staff having reviewed the application and visited the site to assess the trees, three of the six blue gum trees were extensively altered and topped by a contractor retained by the property owner. Pruning work that had begun on two other blue gum trees was stopped at that time. An administrative citation for this work without a permit was issued. Both prior to and following the citation, Town Staff received numerous resident objections to the proposed tree removal. On November 305 2009 the Town received a petition of opposition, apparently signed by forty-two Hilarita residents. On December 1, 2009, the Planning Division notified the applicant that the item would be referred to the Design Review Board for the following reasons: 1) because of the extensive alterations performed on some of the subject trees prior to permit issuance; 2) because of the controversial nature of the application and the large number of Tiburon residents who had expressed opposition in writing; and 3) because of a perceived piece-meal approach to tree removal in this extensive row of trees. Linda Tilton, Director, John Stewart Company, said they were contacted by people living above the property stating the eucalyptus trees were blocking their view. They talked to Planning Manager Watrous, who told them they could do a 30% crown reduction on the eucalyptus trees. She stated they have no intention to remove the eucalyptus [compactus] trees because the residents like the shape of them and the shade they provide. They are requesting permission to remove six blue gum [globules] trees because they are difficult to maintain and have vulnerable growth that is prone to damage. Ms. Tilton said they tried pruning them in 2002 to restore views from above the property and those trees did not do well with that pruning. The cost of pruning all of these trees every 6-7 years is about $20,000. The blue gum trees overhang the bus stop and power lines which are attached to a pole that is hanging at a precarious angle over the bus stop. One of the problems with the blue gum tree is it leaves a toxic oil in the soil that prevents one from planting another species of tree in the same location. They have recommended a pittosporum as a replacement because it can grow in the oil. They plan to remove the stumps. They would also like to plant crape myrtle with deep red colored flowers and echium shrubs to complement to the flowering trees. They started planting myoporum eight years ago as an attempt to mirror what is on the other side of the road. They want to remove three monterey pine trees so they can do a nicer redesign of the bus stop area. The pine trees are not healthy or attractive, and they would like to replace them with crape myrtle and echium shrubs. Boardmember Wilson asked if any of the trees to be removed are marked. Ms. Tilton said they put yellow construction tape around them on three occasions, but it has been repeatedly removed. Boardmember Kricensky noted two of them are still marked. TIBURON D.R.B. MINUTES 4 1/21/10 EXHIBIT NO. Tony Goard, Maintenance Supervisor, said lie talked to Planning Manager Watrous about trimming the eucalyptus trees and was told he could trim up to 30% of the crown. They have been slow in replacing some trees that were removed under previous permits, but it has been done. The trees they installed were 24 inch box trees which are larger than required. He instructed his tree trimmer to drop everything 30% to restore the view as much as possible. The large limbs were trimmed at the top, resulting in a "telephone pole" appearance. Some of the limbs removed were lower than the 30% because the tree trimmer told him that it would be incorrect to trim a tree on all branches at 30%. Chair Chong questioned how the trees will grow now. Ms. Tilton said the branches will grow back out. They had hired Ray Moritz to do a comprehensive study of all of the trees on the property and many were found to be unsafe. He marked every tree with a tag and provided a report describing the maintenance of each tree as well as which ones should be removed. $20,000 every 6-7 years is a very expensive proposition for an affordable housing complex. She thinks they can better maintain trees if they are an appropriate size on the property. She suggested installing awnings on the building windows that might be affected by the sun and heat, instead of keeping the trees which pose a dangerous and expensive situation. She also said venting fans might be installed in some units to keep temperatures down. Mr. Goard said the Monterey pines were recommended to be removed, as well, because they have a pest infestation. Boardmetnber Kricensky questioned how the stump removal would be accomplished, and Mr. Gordon answered they will use a stump grinder. The public hearing was opened. Public Comments: Chris Darling said he is directly impacted by the eucalyptus trees. He lives within 100 feet of the trees and has been a landscaper for 40 years. He presented a photograph of an acacia and toyon tree that were damaged during the tree removal. The acacia was approximately 8 feet high and is on town and state property. The trees were vandalized. He claimed John Stewart Company had no authority to go onto town and state property to remove trees that acted as a site barrier. These were removed 2 months ago and a number of trees were killed in the process. He had suggestions for plantings in that area that are disease resistant and provide a height barrier. He also said the plan does not include the trash enclosure area. He spoke to the architect who made the tree replacement plan and asked why the trash enclosure area was not included, and he said the plan came directly from John Stewart Company. Darling said he feels the replacement plan was created by amateurs and has no validity, and recommended asking the applicant to submit another plan subject to higher standards. Victoria Tuorto said she lives right behind the trees and feels they provide a number of benefits such as privacy, shade, and softening of vehicle noise form Tiburon Boulevard. These benefits are supported by the Town ordinance which states that the Town recognizes the importance of preserving trees that provide shade, privacy, and noise. She said she is happy she lives in a town that affords protection for trees, distributed photos of the trees before they were altered and pointed out their beauty. She said the amount of money spent on landscape maintenance is little because there are very few flowers and plants on the Hilarita property. Removing trees would make it barren. She felt removing these trees was a precursor to removing many more trees on the property. She spoke to an arborist with Bartlett's Tree Service and he prepared a failure report showing blue gums are only the fourth most frequently reported tree for failure out of 11 species. She also distributed a memo a 2002 report from Tree Masters stating they should keep the blue gums. The trees were planted by the Town in the early 1950s, and in all of the storms they have TIBURON D.R.B. MINUTES 1/21/10 had there has never been a problem with the trees. It is a maintenance issue and the droppings require cleaning about once or twice a year. She also contacted Pacific Gas and Electric Company regarding the power lines and found out they trim once a year around the lines when necessary at no charge. Mansureh Farsi said she is proud to be a part of the community of Tiburon. The residents of Hilarita do not have a patio or yard and the setting around them and the trees provide their outdoor space. She understands.the trees are not native, but neither are many other species of trees planted in the area. The trees are antiseptic, antiviral, antimicrobial and they offer a lot of healing medicinal properties to the residents. The wall of trees used to be beautiful and divide Tiburon Boulevard from the residences. She asked the management to be sensitive to the residents of Hilarita and acknowledge the relationship they have with the trees. She said a lot of trees have been out in recent years, this is leaving the area barren, and she pleaded for the Board to not allow the trees to be removed. Mr. Darling said he had been a consultant on a previous pruning six months ago, and a price of $10,500 was given for the pruning. He questioned the $20,000 the applicant is referring to for the cost of trimming those trees. Eunice McCarthy said she lives right across from the trees, has lived there for 20 years and it can get very hot on the second floor of her apartment. She depends on the shade from those trees and does not know what she will do if the trees are removed. She has a ceiling fan and floor fans and when the temperature hits 90 degrees it makes no difference. By the time any replacement trees have grown she will no longer be living since she is 85 years old. Ms. Tilton said the Hilarita apartments are owned by three churches and has a Board of Directors including seven residents and three members appointed from each of the local churches. They have discussed this issue at great length, and she thinks the problem is the residents do not feel they have been communicated with effectively. They do not intend to do anything with the [compactus] eucalyptus trees and they will be available for their medicinal properties. The Hilarita uses all-organic methods for taking care of the plants on the site. They verified with CalTrans that their property ends at the drainage ditch, and the property they removed trees on is their property. The crepe myrtles are all 24 inch boxes so they will be large enough to fill in the area. Vice-Chair Tollini said there is a need for a detailed, comprehensive greater plan for the long term. If there was one and the trees were stated in that plan as being there for the long terra then residents might feel more comfortable with the situation. Ms. Tilton said the original proposal was to trim the trees to restore the view for the uphill neighbors. The fire department also told them to remove some of the trees that are too close to the buildings, and some were removed because of this. Boardmember Kricensky questioned why they put in two different applications. Mr. Goard said he was told to get the eucalyptus done and he put in an application for that. Once this became an issue with the residents, he added the second application. The report from the Ray Moritz is the closest thing they have to a long-term plan. Some of the landscaping is 40 years old and dying and must be removed. The public hearing was closed. Boardmember Wilson said he is assuming the tenants are renters and not owners. He thought there should be some internal mechanism for communicating between property owners and residents. He agreed with the comment that power lines are trimmed by utility companies; however, this is on Tiburon Boulevard and right next to the police station. He would like to leave it as is and find a way to make it lusher and greener and put more buffer in between Tiburon Boulevard and the residents. TIBURON D.R.B. MINUTES 1/21/10 Boardmember Kricensky said there is a point of no return for eucalyptus trees, which were originally put in as streetscape trees. He agreed that blue gums grow fast and branches fall. They are not a good tree for the area. However, they provide a wind break. Four of the blue gums are now "telephone poles," and he wondered if it was noticeable to everyone that they do not have foliage on them. There needs to be a long- term master plan, even if it needs to be phased in for budgetary reasons. That would provide a method of communicating with the people who live there. A lower screen could provide more screening from Tiburon Boulevard than the taller blue gum trees. Trees have a limited lifespan and he thinks a lower screen would be a good alternative, but that requires a plan. Vice-Chair Tollini agreed with Boardmember Kricensky and said it is important to provide screening that is low maintenance and is not dangerous. He suggested the board needs to come up with an agreed upon plan that addresses the fears of residents regarding the landscaping. He is very sympathetic to removing the blue gum trees because he does not think they are the right tree for this location. They do not provide low screening, which is what is needed. The new trees that have been planted are not helping since they are too small, and he feels they do not provide comfort that the replacement trees will be large enough. He would like to see a more comprehensive plan for the replacement of these trees. Chair Chong said this is a unique application because the residents are having a dispute with the property owners. He is not against the removal of the trees, but it needs to be part of a comprehensive long term plan to address the landscape. If the ultimate intention is to replace those trees, he thinks it might be started now. There is definitely a lot of noise in that area and a lot of wind and he suggested there is probably enough talent within the residential community itself to develop a long-term plan. Boardmember Kricensky said the Town would like to see what would replace any trees that are removed, even the pine trees. He emphasized he wants to keep trees, but the blue gum trees are different and he would like to see them replaced with a different group of trees that will grow together rather than being removed and replanted sporadically. Ms. Tilton said the blue gum trees cannot stay the way they are. They need to be trimmed to the level they were at in 2002. The blue gums have not been trimmed to the same level as the other trees. She also said the Hilarita board meets once a month and the residents have an opportunity to have a constant dialogue with the board. Chair Chong suggested a continuance-to allow the applicant to put together a plan so the Design Review Board can see the details of that plan. Mr. Goard asked if they can bring the height of the trees down to the 30% level in the meantime. Boardmember Wilson said it seems there is a lot of ill-will associated with this, and lie would rather see a united front presented to the Town where people are in agreement. Chair Chong suggested leaving the trees as is until this is resolved. ACTION: It was M/S (Chong/Tollini) to continue the application for 100 Ned's Way to the March 4, 2010 meeting. Vote: 4-0. F. APPROVAL OF MINUTES #20 OF THE 12/3/09 DESIGN REVIEW BOARD MEETING ACTION: It was M/S (Wilson/Kricensky) to approve Minutes #20 of the December 3, 2009 meeting as written. Vote: 4-0. TIBURON D.R.B. MINUTES 1/21/10 Town of Tiburon • 1505 Tiburon Boulevard . Tiburon, CA. 94920 • P. 415.435.7373 F. 415.435.2438 • www.ci.riburon.ca.us Community Development Department Linda Tilton John Stewart Company 13 8 8 Sutter Street, 11 th Floor San Francisco, CA 94109 February 4, 2010 DidC411iins Mayor.,, RE: 100 Ned's Way: Tree Removal Permit Application No. 2009-31; coinc~`e'mber proposed removal of six blue gum (globulus) trees s''• • . . Emmetonnell ~_uuncurnemner Dear Ms. Tilton: Having not heard back from you following my phone call approximately one week ago, I am writing this letter in an attempt to move this application forward in a Margaret A ,Curran constructive manner. Town IVlariager The Town of Tiburon has received your letter dated January 25, 2010 and addressed _ to Design Review Board Chairman Bryan Chong. The letter has been forwarded to Mr. Chong and his fellow Board members for their information. I am attaching a draft of the portion of the minutes of the Design Review Board meeting of January 21, 2010 containing Board direction on the item, to assist you with any future efforts in pursuing this application. Approved final minutes will Y` likely be available on Monday, February 8th From the draft minutes, and from my presence at the meeting, it appears that a majority of the Board is leaning toward approval of the removal of the six trees pending receipt of a comprehensive, long-term plan addressing the row of trees along - - Tiburon Boulevard. Such a plan would presumably need to address the following: - 1. Appropriate replacement plantings that could provide parking lot-level 3 f 1 . screening from Tiburon Boulevard over a fairly short time frame. 4 2. Appropriate replacement trees that would eventually grow to provide long- term screening at a greater height, similar to that achieved by the compactus x S trees (when trimmed). s, 3. A narrative description of the intended replacement species should any additional trees in the row be proposed for (or require) removal in the foreseeable future. 4. Provision of an acceptable level of detail with respect to stump removal, soil preparation, temporary irrigation until successful establishment of any replacement plants, and maintenance and timely replacement of any unsuccessful replacement plants. Town Staff would be happy to meet with you to discuss the elements of such a plan in greater detail, such that the item will be in a position to return to the Design Review Board on March 4, 2010 for a decision. I can be reached at 435-7392. Very truly yours, C / Scott Anderson Director of Community Development Cc: Laurie Tyler S: IPlanninglStaffFoldersisandersonlLettersltilton letter.doc 2 l;4 Fem. f f ~ pg~ to w v , DV r1YapM - z rr Lo it a~$€ ~ t~~ . a~a a o D co 0 h = V R WAY fr ~ H I~I~ IR I~ z I~I I~ I~ I~I I~ I I Ir le I~ § rn I I I9 I -V II91 I ~ II I I ~ ~ II I a v n I I I~ I I~ I~ I I' I It V1 I i i ro III g~ I I , Ail 6~ I N 4t I Z - 15 e Al t 17 February 26, 2010 Landscape Plan Narrative To: Scott Anderson, Director of Community Development Laurie Tyler, Associate Planner Tiburon, California 94920 Re: The Hilarita Apartments 100 Ned's Way Tiburon, CA 94920 Dear Scott and Laurie: On behalf of the Hilarita Tiburon Ecumenical Association (HTEA), and per our recent meeting at Town Hall (February 11), I've written the following narrative as an accompaniment to graphic plans submitted simultaneously for Tiburon Design Review Board (DRB) review. As you suggested, I trust it will help to fill in some gaps in understanding as identified by DRB Members at the previous meeting. As shown on sheet L1.1 of those plans, HTEA proposes to eliminate the (6) Blue Gum (Eucalyptus globules) trees that are part of the existing row of eucalyptus plantings. These trees would immediately be replaced at each location by a combination of (1) Brisbane Box (Lopbostomon coorta) tree and (2) accent replacement trees as described in the Plant Selection Legend on sheet L1.1. Due to the biological limitations of cultivating plants beneath eucalyptusispecies, no immediate additional plantings would occur. However, HTEA would continue to cultivate the Brisbane. Box and accompanying accent gees as a basis for a linear planting screen that would eventually replace the remaining, smaller Gum trees (Eucalyptus globulus `CompactaD. The photograph below shows one of these locations as an example. View of existing Blue Gum trunk among Dwarf Blue Gums from Tiburon Blvd. P.O. Box 151712 San Rafael CA 94915 415.332.3033 www.zone-17.com EXHIBIT NO.______ 17 LANDSCAPE ARCHrrECTURE Additionally, future plantings would seek to bolster the effort of establishing lower, long-term evergreen screening as suggested previously by DRB and others. As shown in detail on sheet L1.2, a strategy to replace the Dwarf Blue Gums in the future uses primary replacement trees higher on the slope accented with slightly shorter and showier tree species. The plans show a planting itinerary that is flexible enough with respect to the existing soils and other site restrictions to be either installed gradually or all at once. In this way, the future health and sustainability of the still undesirable dwarf blue gum trees (as defined by Tiburon Municipal Code Section 15A) can be monitored and confronted accordingly. View along Tiburon Blvd. shows oversized Blue Gum canopy in the distance As such, these plans serve a dual purpose. First, they describe the immediate replacement species for the Blue Gum trees that will soon be removed; second, they outline a strategy for the rehabilitation of a vegetative screen that has outlived its original viability in this location. It is hoped that this will eventually achieve the multilevel screening here that would serve equally both Hilarita residents and passers-by for years to come. Best regards, D .J. Johns Landscape Architect #3956 P.O. Box 151712 San Rafael, CA 94915 415.332.3033 www.zone-17.com Zone 17 P.O. Box 151712 San Rafael, CA 94915 Photo by. Information provided by. Family: Origin: Plant Type: Tree Height Range: 25-40' 40-60' Sun: Full sun Half sun Soil: Water: Hydrozones: Growth rate: n/a Tolerances: Adverse factors: n/a Susceptibilities: Season: n/a Color: White Months of bloom: July August %5_ EXHIBIT NO. Created with GardenSoft PlantMaster - www.gardensoft.com 3 Botanical Name: Lophostemon confertus Common Name: Brisbane box Street 't'ree/Tristania conterta Page 1 of 1 'ristania onferta tris-T ANE-ee-uh kon- FUR-tuh Losphostemon conferta Brisbane Box, Pink or Australian Brush Box Myrtaceae (Myrtle family) Origin: Eastern Australia Species characteristics: r Form -Evergreen. Moderate growth reaching a height of 60' or more, with a spread to 40'. More narrow and upright when young, the crown becomes broad and rounded when mature. Lillat. "'.1 11 Trunk - Trunk and limbs have rusty brown bark that peels away to show smooth, lighter bark underneath. Foliage - Leathery leaves are 4 - 6" long, 1 1/2 - 2 1/2" wide, simple, ovate- lanceolate or elliptical. Bright green in color, tending to cluster at branch ends. Flowers/fruit - Fragrant flowers in clusters of 3 - 7 in summer, 1/2 - 3/4" across, white to creamy. Fruit is a woody capsule 1/2" in diameter, similar to eucalypt. Cultivars - 'Variegata' has strong yellow green leaf markings. No significant pest problems are known at this time. Site suitability: Sunset zones - 19 - 24. Sensitive to frost when young. Clearances - Suitable for 5' minimum parkways, medians or cutouts. Sood for street sides, medians, liarks and lawns. Culture considerations: Tolerates all soil types and high alkalinity, and from seacoast exposure ©Street Tree Division City of Los Angeles - Department of to high desert conditions. Responds to water in well-drained soils when Public Works young, drought resistant when established. Sometimes needs tip 11pruning when young, to develop more fullness. Chlorosis may be a Bureau of Street Services problem. http://bss.lacity.org/UrbanForestryDivision/StreetTree/TxistaniaConferta.htm 2/11/2010 Zone 17 P.O. Box 151712 San Rafael, CA 94915 Botanical Name: Pittosporum undulatum Common Name: Victorian Box Family: Pittosporaceae Origin: Australia Plant Type: Tree Height Range: 25-40' Sun: Full sun Half sun Soil: All soils Average soil Well-drained soil Neutral Water: Drought tolerant Light water Hydrozones: 1 Growth rate: Moderate Tolerances: Heat Wind Smog Alkaline soil Adverse factors: Invasive Susceptibilities: Season: Spring Color: White Months of bloom: April May June FU-MN. ee This evergreen tree or large shrub will grow 25'-50' high and 10'-22' wide and produces wonderfully fragrant white flowers that come in clusters in the spring. Created with GardenSoft PiantMaster - www.gardensoft.com g Photo by: Jennifer Chandler Information provided by. Jery Sortomme Editor Zone 17 P.O. Box 151712 San Rafael, CA 94915 Photo by. Information provided by: Jerry Sortomme Editor Family: Pittosporaceae Origin: Australia I Plant Type: Tree Height Range: 25-40' Sun: Full sun Half sun Soil: All soils Average soil Well-drained soil Neutral Water: Drought tolerant Light water Hydrozones: 1 Growth rate: Moderate Tolerances: Heat Wind Smog Alkaline soil Adverse factors: Invasive Susceptibilities: Season: Spring Color: Yellow Months of bloom: n/a This evergreen tree or large shrub will grow 25'-50' high and 10'-22' wide and produces wonderfully fragrant white flowers that come in clusters in the spring. Created with GardenSoft PlantMaster - www.gardensoft.com 5 Botanical Name: Pittosporum eugenioides Common Name: Lemonwood Zone 17 P.O. Box 151712 San Rafael, CA 94915 Botanical Name: Melaleuca quinquenervia Common Name: Paperbark Tree, Cajeput Tree Family: Myrtaceae Plant Type: Tree Sun: Full sun Water: Light water Information provided by. Jerry Sortomme Editor Origin: Australia J Height Range: 12-25' 25-40' Soil: All soils Average soil Poor soil Neutral pH Hydrozones: 2 Growth rate: Fast Tolerances: Salt/ocean spray Heat Wind Alkaline soil Wet soil Adverse factors: n/a Susceptibilities: • Season: Summer Fall Color: White Months of bloom: July August September October November December a No 0111 This evergreen tree will grow 20'-40' tall and 15'-25' wide. It has distinct brownish white spongy bark that peels off in sheets. It produces yellowish white flowers that bloom in spring and fall. It works well as a street tree or in lawns. Created with GardenSoft PlantMaster - www.gardensoft.com 4 Photo by: Steve Jacobs/George Zone 17 P.O. Box 151712 San Rafael, CA 94915 Botanical Name: Arbutus unedo Common Name: Strawberry Tree r ~Photo by. Information provided by. Jerry Sortomme Editor Family: Ericaceae Origin: Mediterranian Plant Type: Tree Shrub Height Range: 6-12' 12-25' Sun: Full sun Half sun Soil: All soils Average soil Well-drained soil Dry soil Water: Light water Hydrozones: 2 Growth rate: Moderate Slow Tolerances: Salt/ocean spray Heat Wind Smog Deer resistant Adverse factors: n/a Susceptibilities: Season: Winter Fall Color: White Months of bloom: n/a This plant is either a small tree or large evergreen shrub. It has a red-brownish trunk and branches that are twisted with age. The dark green leaves have red stems. It has clusters of small, white or greenish-white urn shaped flowers and small, red and yellow fruit that has a strawberry like texture from which the common name is derived. It has slow to moderate growth to 15' with the same spread. It can become damaged in severe winters. Created with GardenSoft PlantMaster - www.gardensoft.com 7 Zone 17 P.O. Box 151712 San Rafael, CA 94915 Botanical Name: Lagerstroemia 'Red Rocket' Common Name: Red Crape Myrtle Photo by. Family: Lythraceae Plant Type: Tree Information provided by. Origin: Japan ' Height Range: 12-25' Sun: Full sun Soil: All soils Average soil Rich soil Well-drained soil Water: Light water Hydrozones: 2 Growth rate: Moderate Tolerances: Heat Smog Adverse factors: n/a Susceptibilities: Season: Summer Color: Red Months of bloom: n/a This Crape Myrtle hybrid is a tall arching tree which grows to 30' tall and 12' wide. It blooms with red flowers in the summer; leaves turn orange red in fall. It is mildew resistant and does well in areas with hot summers. Crape Myrtles bloom on: new wood so prune in winter or early spring to increase flowering. Created with GardenSoft PlantMaster- www.gardensoft.com 2 Zone 17 P.O. Box 151712 San Rafael, CA 94915 Photo by: Norman's Nursery Information provided by. Jerry Sortomme Editor Family: Myrtaceae Origin: Australia ~i Plant Type: Tree Shrub Height Range: 12-25' 25-40' Sun: Full sun Soll: All soils Average soil Poor soil Well-drained soil Water: Light water Hydrozones: 2 Growth rate: Fast Tolerances: Salt/ocean spray Wind Adverse factors: n/a Susceptibilities: Season: Summer Color: Blue Pink Purple Months of bloom: July August September This large shrub/small tree will grow quickly to 20' or 30' tall and 20'-30' wide. It has straggly branches with thick, gray green leaves and pinkish/white/yellow flowers that bloom most of the year. Created with GardenSoft PiantMaster - www.gardensoft com 10 Botanical Name: Melaleuca nesophila Common Name: Pink Melaleuca Zone 17 P.O. Box 151712 San Rafael, CA 94915 Botanical Name: Geijera parviflora Common Name: Australian Willow, Wilga Family: Rutaceae Plant Type: Tree Information provided by: Jerry Sortomme Editor Origin: Australia Height Range: 12-25' Sun: Full sun Soil: All soils Poor soil Neutral pH Water: Medium water Hydrozones: 3 Growth rate: Fast Moderate Tolerances: Adverse factors: n/a Susceptibilities: • Season: n/a Color: n/a Months of bloom: n/a I. • • This evergreen tree reaches a height of 25', with 3"-6" long, medium length, green colored leaves that are narrow. Its main branches sweep up and out, while the smaller branches tend to hang down. Created with GardenSoft PlantMaster - www.gardensoft.com Photo by: Normans/Sortomme Zone 17 P.O. Box 151712 San Rafael, CA 94915 Botanical Name: Callistemon citrinus Common Name: Lemon Bottlebrush Family: Myrtaceae Plant Type: Tree Shrub Sun: Full sun Half sun Water: Light water Medium water Information provided by: Jerry Sortomme Editor Origin: Australia Height Range: 3-6' Soil: All soils Average soil Poor soil Well-drained soil Hydrozones: 2 Growth rate: Fast Tolerances: Salt/ocean spray Heat Saline soil Wind Smog Alkaline soil Adverse factors: Attracts Bees Susceptibilities: Season: Intermittent Color: Red Months of bloom: January February March April May June July August September October A large evergreen shrub or small tree, the Lemon Bottlebrush bears masses of bright red flowers in the spring and summer that are shaped, as the name implies, like a 'bottle brush.' New foliage grows in a bright, bronzy red. Created with GardenSoft PlantMaster- www.gardensoft.com 8 Photo by: Jerry Sortomme SBCC Zone 17 P.O. Box 151712 San Rafael, CA 94915 Botanical Name: Heteromeles arbutifolia Photo by: West/Normans/Frommer Information provided by: Jerry Sortomme Editor Family: Rosaceae Origin: California i Plant Type: Tree Shrub Height Range: 6-12' 12-25' Sun: Full sun Half sun Soil: All soils Average soil Well-drained soil Neutral Water: Drought tolerant Hydrozones: 1 Growth rate: Moderate Tolerances: Salt/ocean spray Heat Wind Smog Adverse factors: n/a Susceptibilities: Season: Spring Summer Color: White Months of bloom: March April May June July August Toyon is a California native evergreen shrub that grows 8'-15' high and spreading 2'-3'. It has leathery toothed leaves, white summer flowers and clusters of red winter berries. It tolerates full sun or partial shade, heat, smog, wind and heavy or light soils. It is drought tolerant, attracts beneficial insects and hummingbirds. - Cornflower Farms Created with GardenSoft PlantMaster - www.gardensoft.com 9 Common Name: Toyon, Christmas Berry, Calif. Holl TO : M Yo Yl cho~s 4- WnevnbQrs ~a~2 a V~\o r(3 zo 10 J o"b'-~ QjL± . U S -crQe. VY\ 1k ~ ~ { t C~i L O WJ -F~~e ~~nnbesr -r2oo9-3~ 'De~a.r mY# Ctr~ar.5 Eff,~c~sec) ~s a~ cs~~p•~ c~-~ -~-h~ ~c~,-e.p-l~ec~ ~n~ du 'Pov\ AV\aA- ~V`{ Tv'-c~ i+l'\ +'P\.2. oWaMj 0\- VWeV~ v\t\ '2002 Y'e~f~~°~~' eM S~~ AY e-22. aV' C►.7 -~"h~ bra ~~o.-~-~.~-fi~~.~~~0.-~~L~ a~~~~,~~ mu- -A-ovv\v\5 w c6S uv,~4 ev-4c3..VZA/\ ov\ 4-vRpas X1,5 oa• co u fo v\ ~~aal c~Yv.~l~e~ wto \c e ~aLiJ d ~ y Lv~na0. `C ~Sl.-l~n. o-~ °l'U~ Ja C r . L3) -lv~e a~.rz A-~.e =ka~ ~vz~y a S2 Q. S P~c~-Fu l\y ~ GnniS ~~^Qs~ °l (3 . A) cw, Cl (4r, e-ZS EXHIBIT NO. 6 02/04/2002 22:25 4153886436 HAPPY (Ktt . r-F*= cry EE- PROFESSIONAL TREEW.ORK 18 years- experkner Insured PL, PD & WC CA. UC.*; 799118 M L Wdbc"kAvc..s= mW vaRep, Gl s4sa1_ Pbaee: (475) 3 8 0- 3 7 3 3 Is= (4253 s s-6 43.6 HILARITA APARTMENTS . ; . you. 100 Ned's way. Tiburon; CA 94920 ADDIM, cup 2/l/02 Lx,,z,,,; T00 Ned's Way, ."Tibuicon wcvxrlmo c- 1M?SG.Z.AA nvrMLMt true Mbaei: , pas , AND COST ESTIMATE 36 Lncalyptns trees : - - : ' * Safety' pruning- (tri.mmingr: • shaping * ahd *•ba.lancing ) dead - •wood• rentioval and, trimming '.back to rovlde! clearance for '-akin 'area 'arid Ti]~utron Blvd':. a c 4 Eucal tus• Globulus masked •A -BC.-. 'Severely top•'tp even --their, hei ht witfi• the Euci-l us:' Com 'ac= to trees' : ' - , 1 .Eucalyptus GI•abulus ;Harped- E: . * To 25,' :off dominant Leader and to 45! "off secon r legider to gzavlde str'eng'th and sifety to 'the' tree. -4 Eucalyptus' -*Cchmpacta marked k. G, H a< I west side) ;Top 110 to restore neighbor ' s view. RhUL BRUSHDeszus` gX 'included ®HAULWoon. 'a~ z r oa a o c Ttos es nsuiiecr•ro re,e~+s a Camaeoeeia sv"==L =opt. ~srme.~r cost: included ~ 9 , 500 . U 4 Cooaaaaes as + Oq oo be Jiboasa! wd rejisased ar oe noao wes I n'wuow band. 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Mai= RESOLUTION NO. 2010-01 (Draft) A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE TOWN OF TIBURON CONDITIONALLY APPROVING A TREE PERMIT FOR THE REMOVAL OF SIX (6) EUCALYPTUS TREES AT THE HILARITA APARTMENTS AT 100 NED'S WAY ASSESSOR PARCEL NO. 058-151-39 WHEREAS, the Design Review Board of the Town of Tiburon does resolve as follows: Section 1. Findings. A. On November 12, 2009, the Town of Tiburon received a tree permit application (File T2009-31) requesting the removal of six blue gum eucalyptus globulus) trees on property located at 100 Ned's Way (the Hilarita Apartments). Due to the controversial nature of the application, the item was referred by the Director of Community Development to the Design Review Board for review and action. B. The Design Review Board held a duly-noticed public meeting on January 21, 2010, and heard and considered testimony from interested persons. C. The Design Review Board reviewed the application in accordance with provisions of Title IV, Chapter 15A (Trees) of the Tiburon Municipal Code, and based on site visits and application materials and analysis contained in the staff reports dated January 21, 2010 and March 4, 2010 and in the entire record, finds that the approval, as conditioned, is consistent with applicable purposes, policies and regulations of said Chapter, and would be consistent with the General Plan. Specifically, the Board finds that: 1. The subject trees are reasonably close to structures, utilities and a state highway. 2. The removal of these trees will not interfere with future development for this property. 3. The removal of these trees would not have a substantial effect on the protection of the property from wind or soil erosion or increased surface water. 4. The removal of these trees would not significantly alter the character of the surrounding neighborhood, due to the remaining number of mature trees in the vicinity and the adequacy of the replacement plan. 4. The removal of these trees would not be inconsistent with sound forestry practices. 5. These particular trees do not have historical significance. DESIGN REVIEW BOARD RESOLUTION NO. 2010-01 (Draft) March 4, 2010 1 EXHIBIT NO. Section 2. Conditional Approval. NOW, THEREFORE BE IT RESOLVED that the Design Review Board of the Town of Tiburon does hereby approve the application (File T2009-31) for the removal of six blue gum eucalyptus globulus trees at 100 Ned's Way subject to the following conditions: 1. Tree removal, soil preparation, and replanting shall be performed in accordance with the Landscape Plan (2 sheets) and Landscape Plan Narrative (2 pages), prepared by Zone 17 Landscape Architecture dated February 26, 2010, as modified by this Resolution. 2. The size specification for Future Primary Replacement Trees shall be changed from "minimum 15 gallon" to "minimum 24 inch box". 3. Town staff shall be contacted three working days prior to the commencement of work and advised of the starting date. 4. Replanting work shall be completed within 45 days of tree removal. 5. A copy of the Town-provided Tree Permit Certificate must be posted on the site in a conspicuous place at all times during performance of work authorized by the permit. No work shall commence until the 10-day appeal period has expired without an appeal filed. 6. This permit shall be valid for 180 days following final approval. A time extension may be granted for good cause by the Director of Community Development. PASSED AND ADOPTED at a regular meeting of the Design Review Board of the Town of Tiburon on March 4, 2010, by the following vote: AYES : BOARDMEMBERS : NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ONE VACANCY BRYAN CHONG, CHAIRMAN TIBURON DESIGN REVIEW BOARD DESIGN REVIEW BOARD RESOLUTION NO. 2010-01 (Draft) March 4, 2010 2 ATTEST: SCOTT ANDERSON. SECRETARY S: IPlanninglDesign ReviewlResolutionsl20101100 Ned's Way Hilarita Trees reso.doc DESIGN REVIEW BOARD RESOLUTION NO. 2010-01 (Draft) March 4, 2010 HARVEY & NANCY ROGERS 28 Lagoon Rd. Belvedere, CA 94920 phone: (415) 435 - 4498 e mail: harvnan2 &sprynet. com March 4, 2010 Tiburon Design Review Board LATE MAIL # Regarding the Eucalyptus trees along Tiburon Blvd. in front of the affordable housing units, my wife & I like them as they shield the view of the development on the hill across from our house. Replacement trees would take years to grow & would never be as tall as he Eucalyptus. Our vote is PLEASE keep the existing trees. Harvey Rogers, Master gardener, Nancy Rogers Kashani Family 105 Trestle Glen Terrace Tiburon, CA 94920 LATE MAIL # March 2, 2010 Mr. Bryan Chong Chairman of the Design Review Board Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 Dear Mr. Chong, Our attention was attracted to some unpleasant news in regards to the uprooting of about 40 eucalyptus trees near the Hilarita Apartments that is being reviewed at the Design Review Meeting on March 0, 2010. We wish to submit our protest to the removal of healthy trees that are friendly to the environment. We do not believe that we are alone in this protest. . With respect to the property owner's wanting to remove the trees due to public safety or health of the trees, we would sympathize with property owner's desires. However, as far as I am hearing, the issue of removal of trees is "costly maintenance". The Design Review Board and the issuance of a permit for removal of the healthy trees need to be challenged and debated of what is best for Town of Tiburon, the Public and a future plan which can bring a better, healthier environment for our neighborhood. We simply cannot see that the Cost of Maintenance as a Logical reason to terminate a trees life, let alone, close to 40. The maintenance required for Eucalyptus trees is not above and beyond that which is required from any other property owner in Tiburon, and therefore does not warrant an above and beyond action to be allowed. If the owner of the property does not have the resources to perform maintenance and upkeep on the property, then they should sell the property to someone who does have the necessary resources. Thank you, Kashani Family Tiburon Residents cc : M L Sc°7~NOg/UfO J ✓1 _ C II- _ USA to i h I _d 1:i .96 i0 fa.- ~ T ~ _4`1 / Y i~ ~2 3 :i C.1I: '.r 1 21, JAI e-wiafl- r.o'feiseiin(c aoi.oon REGISTERED ARCHi T ECT. STATE OF lLL11',d0IS. USA. * S`:'~!! I zE~?Lr-i L) Addresses: till 4.1.2010: Tiburon, CA, USA; from 4.24. till N 7.15.2010: Morges, Switzerland Tiburon, 3.3.2010 Design Review Board Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Design Review Board Meeting, 4 March 2010 pending application to remove six trees along Tiburon Blvd. my appeal to save the trees Dear Director and members of the Design Review Board LATE MAIL # l In reference to my letter of Jan. 19th 2010, here an updated review to answer objections raised in the meantime by various people. The entire row of eucalyptus trees along Tiburon Boulevard should remain for the following reasons: 1. they represent a unique design: a "wall" of lined-up trees, creating an effective shield. (Usually, such trees occur in groups grown at random). 2. since they are over half a century old (*1), they are really historical, worth to save. 3. they are very decorative, majestic in appearance. A good example are the eucalyptus trees at the approach to Tiburon near Mc. Kegney Field, Richardson Bay Park (The Landmarks Society has a painting of these trees, which were already there when the railroad passed nearby). 4. they are of no danger to the Hilarita housing: in all these years they withstood severest storms, numerous earthquakes, and never propagated any fire. An expert arborist states: "I don't agree that eucalyptus trees are "living cans of gasoline". (*2). 5. Fortytwo Hilarita tenants have petitioned to preserve, protect and maintain the eucalyptus trees (*3). The concern of these people, immediately involved, should be respected. 6. they were originally planted by decision of the authorities way back (*4). May the present authorities (Town Council and Design Review Board) reflect well, before contradicting what their predecessors wisely planned. - pg. 1 of 2 I herewith propose 1. to establish a reasonable height for the whole row of trees and to cut them to the same height. The reduced height will restore the view of some Hilarita residents in the upper houses. 2. to remove the three Monterey pine trees at the corner of Tiburon Boulevard / Ned's Way. They are not healthy nor attractive. (*5). Hilarita TEA has filed a separate application for a permit to remove them (*6). 3. to plant eucalyptus trees in line with the others, as replacement. To continue the row with same trees till Ned's Way will contribute to a uniform look, to a strong statement with high visual impact. It will be a good addition to Tiburon's greenbelt. Sincerely, A _ V ' lei Rolf Eiselin *1: D.R.B. Meeting, 1/21/10, Staff Report, pg.3 *2: The Ark, 3/3/10, pg.3, Peter Brooks, arborist *3: D. R. B. Meeting, 1/21 A 0, Staff Report, Exhibit No. 10 *4: D.R.B. Minutes, 1/21/10, pg.5, Ms. Victoria Tuorto *5: D.R.B. Minutes, 1/21/10, pg.4, Ms. Linda Tilton *6: The Ark, 3/3/10, pg.4 pg. 2 of 2 Concerned Hilarita Residents 124 Neds Way Tiburon, CA 94920 Scott Anderson Tiburon Planning Division 1505 Tiburon Boulevard Tiburon, CA 94920 3141 ~ Re: Tree Permit Application (T2009-31). 6 Dear Mr. Anderson, This letter is submitted by the residents of the Hilarita Apartments regarding the Tree Permit application to remove six (6) blue gum eucalyptus trees from the Tiburon Boulevard frontage of the Hilarita Apartments (File Number T2009-31) (hereafter, the "Project"). The Hilarita residents submit the following comments on the proposed categorical exemption for Tiburon Hilarita Ecumenical Association's ("Applicant") request for a Tree Permit. 1. Legal Standard The California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ("CEQA") has two basic purposes. First, CEQA is designed to inform decision-makers and the public about potential, significant environmental effects of a project. (Cal. Code Regs., tit. 14, § 15002, subd. (a)(1 )(hereafter "CEQA Guidelines").) Second, CEQA directs public agencies to avoid or reduce environmental damage when possible by requiring alternatives or mitigation measures. (CEQA guidelines, § 15002, subd. (a)(2) and (3); Laurel Heights Improvement Association of San Francisco v. Regents of the University of California (1988) 47 Cal.3d 376, 400.) Categorical exemptions may be provided only for classes of projects which have been determined not to have a significant effect on the environment. Accordingly, categorical exemptions may not be interpreted so broadly as to include classes of projects which would not normally fall under the exemption's statutory requirements. This is consistent with the general rule that CEQA must be interpreted to afford maximum possible environmental protection, consistent with the reasonable scope of the statutory language. (Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Cal.App.4th 1165, 1192- 1193.) II. Discussion A. The Project Application(s) Impermissibly Piecemeal the Project. The CEQA Guidelines define "project" to mean "the whole of the action" that may result in either a direct or reasonably foreseeable indirect physical change in the environment. (CEQA Guidelines, § 15378, subd. (a).) "Project" is given a broad interpretation in order to maximize protection of the environment. (McQueen v. Board of Director's of the Mid-peninsula Regional Open Space District (1988) 202 Cal.App.3d 1136, 1443.) In general, the lead agency must fully analyze each "project "in a single environmental review document. Thus, in analyzing a project, the agency should not "piecemeal" or "segment" the project by splitting it into two or more segments. CEQA mandates "that environmental considerations do not become submerged by chopping a large project into many little ones-each with minimal impact on the environment - which cumulatively may have disastrous consequences. (Bozung v Local Agency Formation Com. (1975) 13 Cal.3d 263, 283-284.) Here, it is apparent that the Applicant intends to piecemeal the Project by applying for separate tree permit to remove small groups of trees in an extensive row of trees. This approach is unlawful. Environmental review of the Project must analyze the Project as a whole before the City of Tiburon can determine the project is exempt, if at all, from CEQA. B. The Project Is Not Exempt From CEQA Under CEQA Guidelines Section 15304. The Town Planning Division Staff has made a preliminary determination that the Project would be exempt from CEQA under CEQA Guidelines Section 15304. The Project, however, does not meet the criteria for exemption under that plain language of section 15304. The Staff's determination is therefore erroneous. Guidelines section 15304 is a Class 4 categorical exemption. Class 4 "consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes." (Emphasis added.) The Project does not qualify for exemption under Section 15304, because Section 15304 explicitly states that the exemption does not include "the removal of healthy, mature, scenic trees." The Project consists of the removal of six (6) blue gum eucalyptus trees that form part of an extensive row of about forty (40) trees. According to the City's Staff Report, the "trees appear to be generally healthy and do not outwardly appear to be diseased or dying." (Staff Report , January 21, 2010, p. 2.) Nor has Staff has received any "substantive evidence that the trees represent an immediate threat to the public health and safety." (Ibid.) Nor could the Project qualify under subdivision (b) of Section 15304. Subdivision (b) exempts: [n]ew gardening or landscaping, including the replacement of existing conventional landscaping with water resistant or fire resistant landscaping. (CEQA Guidelines, § 15304, subd. (b).) Here, the reason for the requested removal is that the "trees are too large and the applicant desires to replace them with a smaller species of trees." (Staff Report, January 21, 2010, p. 2.) Replacing the existing trees with a smaller species of trees does not satisfy the intent of the exemption under subdivision (b). Moreover, the tree replacement plan submitted by the Applicant is unsatisfactory and fails to provide sufficient detail as to the size or number of trees proposed for replacement. And even if the tree replacement plan did provide sufficient detail, it still does not qualify under the exemption as water resistant or fire resistant. Further, the project does not qualify for an exemption under CEQA because a fair argument can be made that the Project will have a significant impact on the environment and nearby sensitive receptors, such as the low- income and disabled residents living nearby. An EIR is required whenever substantial evidence in the record supports a fair argument that significant impacts may occur, even if other substantial evidence supports the opposite conclusion. (No Oil Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 75.) The agency should focus on whether a fair argument exists that the proposed project may have a significant, adverse impact on the existing physical environment. (Christward Ministry v. Superior Court (1986) 184 Cal.App.3d 180, 186-187.) Here, a fair argument can be made that the Project will result in significant environmental impacts, including noise and aesthetic impacts. Specifically, the trees proposed for removal serve as a visual separator between Tiburon Boulevard and the Hilarita Apartments. (Staff Report, January 21, 2010, p. 2.) In addition, as City staff noted, removal of the trees could have an effect on wind protection. (Staff Report, January 21, 2010, p. 3.) As respects other impacts, the trees serve to buffer noise, dust, exhaust fumes and visibility of traffic moving along Tiburon Boulevard, as well as providing relief from sun and heat. (See Exhibits 8, 9, and 10 to Staff Report.) Because the fair argument test is met, the Project requires preparation of an Initial Study and an appropriate level of environmental review. III. Conclusion The Project is impermissibly piecemealed and does not qualify for exemption from CEQA under Guidelines section 15304 or any other provision. Because a `fair argument' exists that the Project may have a significant, adverse impact on the existing physical environment, further environmental review is required. An Initial Study must be prepared to determine whether preparation of a negative declaration or EIR is necessary. Moreover, since the Applicant has demonstrated a propensity to disregard the law, enforceable mitigation measures are necessary and must be incorporated into the Project through the environmental review process. Thank you for your consideration of these comments. Concerned Hilarita Residents ICJ STATE JF CALIFORNIA-BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Govemor DEPARTMENT OF TRANSPORTATION BOX 23660 OAKLAND, CA 94623-0660 (510) 286-4444 TDD (510) 286-4454 February 4, 1999 Mr. Edward peters, Property Supervisor The John Stewart Company 2310 Mason Street San Francisco, CA 94133 Dear Mr. Peters: La--~tQec.ei to This letter is in response to your-letter dated-DeCeMbtT~9'-pertg-to a survey report, completed by David Harp, of eucalyptus tree locations between the Hiiarita Apartments and Tiburon Boulevard (a copy of the survey report completed by David Harp was included with your letter). (The report reaches the conclusion that many of the trees straddle the property line and is therefore owned jointly by The Hilarita and Caltrans. ) After reviewing Mr. Harp's survey report, it is apparent that the exact location of the right of way line could only be determined by expanding the survey to the west at a considerable additional expense and that each tree would have to be measured to allow a detailed determination of ownership. Further, if the survey was expanded and the property line was precisely located, only a very small portion of the southerly face of a few trees could be on state property. Assuming that a portion-of one or more trunks rests on state property, the state would only be responsible to maintain that portion which rests on state property. Caltrans is under no obligation to remove, maintain or replace trees located on private property. While we can issue a permit to authorize a private property owner to access state property to trim or remove state trees, we are under no obligation to share in the cost. - 31 Given the expense of expanding your survey and the cost of obtaining any necessary permit to remove, prune or replace a state tree, we suggest that our original determination that the trees are not located on state property may be the most economical. Mr. Edward Peters, Property Supervisor February 4, 1998 Page 2 If you have any additional questions, please contact our Landscape Specialist, John Peterson at (510) 286-4410. Sincerely, AJ.B C J R. District Office Chief Office of Maintenance Services Jr.)P cc: GEB, CJB, MAC, MD[Ai, 17FK, JDP Ms. Tilton said the Hilarita apartments are owned by three churches .and has a Bo including seven residents and three members appointed from each of the local oand of Directors discussed this issue at eat length hurches. They have great length, and she thinks the problem is the residents do not feel they have been communicated with effectively. They do not intend to do anything with the cornPac e eucalyptus trees and they will be available for their medicinal properties. The Hilarita uses all-or- care of the plants on thesite. They verified with CalTrans that their r ganic methods for taking and the property they :removed trees on is heir roe p °perh' ends at the drainage ditch, rty will be large enough to fill in the area. p rope The crepe myrtles are ail 24 inch boxes so they LrAarita Apartments: UFMP - phase ff Moritz Arboricultural Consulting 100 Ned's Way, Tiburon, CA 94920 Urban Forestry Associates Faults: Deciduous of lower branches. Tends to form multiple codom,n_ant leaders. Extremely aggressive roots damage building and infrastructure. Suckers may, prove a nuisance in lawn of specimen plantings. Blue Gum Eucalyptus -Eucalyptus globulus `globulusX The subject tree is Eucalyptus globules `globules', commonly known as Tasmanian Blue Gum. Blue gum is a shallow rooted species, often with-poor anchorage relative to the height and mass of mature trees. This species frequently grows rapidly to a mature height and canopy spread far greater than the available growing space in urbanized landscapes. It is one of the fastest growing trees in the world. T'his species resprouts prolifically from dormant buds below the bark when it is been aggressively trimmed., topped or cut to a stump. Blue Gum is one of the most failure prone trees in northern California It has extremely heavy wood and is prone to developing over-extended limbs. It tends to form upright branches with weak attachments and often acute angle crotches weakened by included bark that can wedge the crotch apart -.particularly after topping or aggressive trimming. Fire hazard studies have found that Blue Gam produces more dead and down material (branches, bark, twigs and leaves) per annum then any othgr species in California- -It contains approximately 5500 BTU's to the pound. The woody.leaves and bark contain high amounts of volatile oils. It has deciduous bark that litters -the ground around the tree, collects in crotches and persists in long hanging strips on the franks and branches. The loose bark provides a "fuel ladder" that intensifies fire intensity under the canopy and encourages crown (canopy) fires. Blue Crum forest supports high intensity fires and is highly prone to 'firebrand" production that can ignite wildland, landscape and structural fuels well ahead of the fire front. This species grows rapidly to a mature height and spread far greater than the available growing space. It is one of the fastest growing trees in the world. It resprouts prolifically from dormant buds below the bark when it has been fire damaged, aggressively trimmed, limbed or topped. Page 61 of 64 January 22, 2009 Dear Hilarita Resident, Residents who are appointed to the HTEA board of directors are aware that the trees on the Hilarita property have been the subject of study, analysis, and discussion for more than a year. The HTEA board recognizes the value of having nice trees in good condition, for the aesthetic benefits, the cooling effects of shade, and the beauty they provide to the Hilarita community. More than a year ago, the HTEA board' hired a well-respected arborist to do a detailed study and evaluation of every tree on the property. The company produced a report that is called an Urban Forest Management Plan (UFMP). The UFMP identifies each of 290 trees on the property (each has been tagged with a number for identification purposes.) The report describes the species and size of every tree, its current condition, it suitability for long term preservation, any possible impacts It may have on building foundations, sidewalks, or retaining walls. The report gives conclusions and recommendations concerning each individual tree. Most of the recommendations had to do with pruning needs of certain trees, or correction of maintenance problems in other trees. Almost all of these pruning recommendations have. already been carried out. The good news from this evaluation is that there are 282 healthy trees on the property. After the pruning that was done in November, these trees should respond vigorously with new growth and (where appropriate) flowering in the spring time. These trees ail have a great prognosis for long term health and beauty for the community. that are dead, The difficult news from this evaluation is that there are 8 trees on the property dying, diseased, or structurally hazardous trees. Moritz -has already developed recommendations to plant replacement trees for those 8 trees which are dying. The replacement trees are a carefully selected variety of beautiful, ornamental trees recommended by the arbodst to be appropriate to the soil and moisture conditions of the .specef c locations on the property. 1388 Sutter Street - 11th Floor - San. Francisco, CA 94109 - Tel (415) 345-0400 . Fax (415) 6149175 - www;jsco.nct . San Francisco - Sacramento - South Bay - Los Angeles - San Diego Urban Forest Ecosystems Institute:: SelecTree - BLUE GUM Brief Tree Record - - --J - - - iiiii » Name Search Select Tree by Attribute All Trees List Right Tree Right Place Utility Precautions Attribute Definitions Contributing Gardens About SelecTree More Tree Links ATTRIBUTE INFO » Attributes Defined » Add or Edit Attributes YOU SEARCHED FOR:* (3) matching trees *Based on last search t ."~Ta1t • Fife Safety, Root Damage?. BRIEF TREE RECORD 0 View Full Size Images Page 1 of 2 ® VIEW FILL TREE RECORD ® .SACK TO SEARCH RESULTS BLUE GUM Eucalyptus globulus General Notes Smog tolerant. Hardiness estimate: 17-22 degrees F. Cal- IPC (California Invasive Plant Council) classifies the invasiveness of this plant as moderate. Has Fragrant Leaf. SelecTree lists 1 cultivar of globulus: 'compacta' A Eucalyptus globulus in Mission Ranch, Carmel is registered as a California Big Tree. It measures 135 feet high, with a trunk circumference of 465 inches and a crown spread of 143 feet for a total of 636 points. 0 List all Myrtaceae I Eucalyptus Family: Myrtaceae California Native: No California Invasive: Yes Habit: Evergreen Sunset Zones: 5 - 6 and 8 - 24 Exposure: Full Sun to Partial Shade Water Needs: Wet to Dry Soil. Drought tolerant. Soil Type: Clay, Loam or Sand Height: Over 65 feet Growth Rate: 36 or More Inches per Season Shape: Oval or Rounded Longevity: 50 to 150 years Leaves: Falcate Dark Green Flowers: Yellow or White Fruit: Medium (0.50 - 1.50 inches) Bark: Cream or Light Gray, Exfoliating Pest & Disease: Resistant to Texas Root Rot and Verticillium. Susceptible to Beetle Borers and Thrip, http://selectree.calpoly.edultreedetail.lasso?rid=543&-session=selectree:478CAF7EO760220298LhU130AFBD 3/2/2010 Urban Forest Ecosystems Institute SelecTree - BLUE GUM Brief Tree Record Oak Root Rot, Phytophthora and Root Rot. ® See All Information o View Full Tree Record El View Full Size Images Page 2 of 2 Disclaimer: No warranties or guarantees as to the accuracy of the data and information derived from this web site are expressed or implied. Not responsible for any loss of profit, indirect, incidental, special, or consequential damages arising out of the use of the data and information derived from this web site.. Urban Forest Ecosystems Home I SelecTree I Big Tree I UrbanWood I ForesTree I News Copyright MMIII - MMIV Resources I Grant Info I Contact Us I A - Z Index I About UFEI http://selectree.calpoly.edu/treedetall.lasso?rid=543&-session=selectree:478CAF7E0760220298LhUI30AFBD 3/2/2010 18.36.060 Class 4-Minor alterations to land (CEQA Guidelines, Section 15304). Page 1 of 1 Placer County Code Up Previous Next Main Search Print No Frames Chapter 18 ENVIRONMENTAL REVIEW Article 18.36 STATUTORY EXEMPTIONS AND CATEGORICAL EXEMPTIONS 18.36.060 Class 4-Minor alterations to land CE A Guidelines Section 15304). 7 Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: A. Grading on land with a slope of less than ten (10) percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard, such as an Alquiqt-Priolo Earthquake Fault Zone or within an official Seismic Hazard Zone, as delineated by the State Geologist; B. Issuance of a grading permit in conjunction with a project for which a design review approval has been granted and/or following any discretionary action which was subject to environmental review; C. New gardening or landscaping; including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping; D. Filling of earth into previously excavated land with material compatible with the natural features of the site; E. Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production; F. Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, outdoor festivals/concerts, sales of Christmas trees, arts and crafts fairs, etc.; G. Minor trenching and backfilling where the surface is restored; H. Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies; I. The creation of bicycle lanes on existing rights-of-way. J. Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the-area has determined in writing, or by written policy or ordinance, that 100 feet of fuel clearance is required due to extra hazardous fire conditions. (Ord. 5119-B (part), 2001) http://gcode.us/codes/placercounty/view.php?topic=18-1836-183 _6_060&frames=on 3/2/2010 CEQA piecemealing - Google Search ppea.l_No11APEAQ8-0o2Ro_bert. Garcia/Thomas. Clendenin_ B_oard._of CEQA defines a project broadly, as the "whole of an action." CEQA therefore prohibits "piecemealing," dividing one project into several parts and conducting Page 1 of 1 http://www.google.com/search?hl=en&q=CEQA+piecemealing&aq=f&aqi=gl &aql=&oq= 3/2/2010 IFOL~ Co P57 All Boardmembers agreed it is a great design and nice work, and they appreciate the work done with neighbors to resolve issues. ACTION: It was M/S (Kricensky/Tollini) that the request for 2 Gilmartin Court is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, and the request is approved, subject to the attached conditions of approval. Vote: 4-0. E. 3. NEW BUSINESS BEFORE THE BOARD 100 Ned's Way Hilarita-Tiburon Ecumenical Association Tree Permit Application The Hilarita Tiburon Ecumenical Association (HTEA) filed an application for removal of six (6) blue gum eucalyptus trees with the Town on November 12, 2009. Notices of the application were mailed out on November 17, 2009 and a tentative decision date on the application was set for December 1, 2009. On or about November 25, 2009, prior to staff having reviewed the application and visited the site to assess the trees, three of the six blue gum trees were extensively altered and topped by a contractor retained by the property owner. Pruning work that had begun on two other blue gum trees was stopped at that time. An administrative citation for this work without a permit was issued. Both prior to and following the citation, Town Staff received numerous resident objections to the proposed tree removal. On November 303 2009 the Town received a petition of opposition, apparently signed by forty-two Hilarita residents. On December 1, 2009, the Planning Division notified the applicant that the item would be referred to the Design Review Board for the following reasons: 1) because of the extensive alterations performed on some of the subject trees prior to permit issuance; 2) because of the controversial nature of the application and the large number of Tiburon residents who had expressed opposition in writing; and 3) because of a perceived piece-meal approach to tree removal in this extensive row of trees. Linda Tilton, Director, John Stewart Company, said they were contacted by people living above the property stating the eucalyptus trees were blocking their view. They talked to Planning Manager Watrous, who told them they could do a 30% crown reduction on the eucalyptus trees. She stated they have no intention to remove the eucalyptus [compactus] trees because the residents like the shape of them and the shade they provide. They are requesting permission to remove six blue gum [globulus] trees because they are difficult to maintain and have vulnerable growth that is prone to damage. Ms. Tilton said they tried pruning them in 2002 to restore views from above the property and those trees did not do well with that pruning. The cost of pruning all of these trees every 6-7 years is about $20,000. The blue gum trees overhang the bus stop and power lines which are attached to a pole that is hanging at a precarious angle over the bus stop. One of the problems with the blue gum tree is it leaves a toxic oil in the soil that prevents one from planting another species of tree in the same location. They have recommended a pittosporum as a replacement because it can grow in the oil. They plan to remove the stumps. They would also like to plant crape myrtle with deep red colored flowers and echium shrubs to complement to the flowering trees. They started planting myoporum eight years ago as an attempt to mirror what is on the other side of the road. They want to remove three monterey pine trees so they can do a nicer redesign of the bus stop area. The pine trees are not healthy or attractive, and they would like to replace them with crape myrtle and echium shrubs. Boardmember Wilson asked if any of the trees to be removed are marked. Ms. Tilton said they put yellow construction tape around them on three occasions, but it has been repeatedly removed. Boardmember Kricensky noted two of them are still marked. TIBURON D.R.B. MINUTES 4 1/21/10 EXHIBIT NO. Tony Goard, Maintenance Supervisor, said he talked to Planning Manager Watrous about trimming the eucalyptus trees and was told he could trim up to 30% of the crown. They have been slow in replacing some trees that were removed under previous permits, but it has been done. The trees they installed were 24 inch box trees which are larger than required. He instructed his tree trimmer to drop everything 30% to restore the view as much as possible. The large limbs were trimmed at the top, resulting in a "telephone pole" appearance. Some of the limbs removed were lower than the 30% because the tree trimmer told him that it would be incorrect to trim a tree on all branches at 30%. Chair Chong questioned how the trees will grow now. Ms. Tilton said the branches will grow back out. They had hired Ray Moritz to do a comprehensive study of all of the trees on the property and many were found to be unsafe. He marked every tree with a tag and provided a report describing the maintenance of each tree as well as which ones should be removed. $20,000 every 6-7 years is a very expensive proposition for an affordable housing complex. She thinks they can better maintain trees if they are an appropriate size on the property. She suggested installing awnings on the building windows that might be affected by the sun and heat, instead of keeping the trees which pose a dangerous and expensive situation. She also said venting fans might be installed in some units to keep temperatures down. Mr. Goard said the Monterey pines were recommended to be removed, as well, because they have a pest infestation. Boardmember Kricensky questioned how the stump removal would be accomplished, and Mr. Gordon answered they will use a stump grinder. The public hearing was opened. Public Comments: Chris Darling said he is directly impacted by the eucalyptus trees. He lives within 100 feet of the trees and has been a landscaper for 40 years. He presented a photograph of an acacia and toyon tree that were damaged during the tree removal. The acacia was approximately 8 feet high and is on town and state property. The trees were vandalized. He claimed John Stewart Company had no authority to go onto town and state property to remove trees that acted as a site barrier. These were removed 2 months ago and a number of trees were killed in the process. He had suggestions for plantings in that area that are disease resistant and provide a height barrier. He also said the plan does not include the trash enclosure area. He spoke to the architect who made the tree replacement plan and asked why the trash enclosure area was not included, and he said the plan came directly from John Stewart Company. Darling said he feels the replacement plan was created by amateurs and has no validity, and recommended asking the applicant to submit another plan subject to higher standards. Victoria Tuorto said she lives right behind the trees and feels they provide a number of benefits such as privacy, shade, and softening of vehicle noise form Tiburon Boulevard. These benefits are supported by the Town ordinance which states that the Town recognizes the importance of preserving trees that provide shade, privacy, and noise. She said she is happy she lives in a town that affords protection for trees, distributed photos of the trees before they were altered and pointed out their beauty. She said the amount of money spent on landscape maintenance is little because there are very few flowers and plants on the Hilarita property. Removing trees would make it barren. She felt removing these trees was a precursor to removing many more trees on the property. She spoke to an arborist with Bartlett's Tree Service and he prepared a failure report showing blue gums are only the fourth most frequently reported tree for failure out of 11 species. She also distributed a memo a 2002 report from Tree Masters stating they should keep the blue gums. The trees were planted by the Town in the early 1950s, and in all of the storms they have TIBURON D.R.B. MINUTES 5 1/21/10 had there has never been a problem with the trees. It is a maintenance issue and the droppings require cleaning about once or twice a year. She also contacted Pacific Gas and Electric Company regarding the power lines and found out they trim once a year around the lines when necessary at no charge. Mansureh Farsi said she is proud to be a part of the community of Tiburon. The residents of Hilarita do not have a patio or yard and the setting around them and the trees provide their outdoor space. She understands,the trees are not native, but neither are many other species of trees planted in the area. The trees are antiseptic, antiviral, antimicrobial and they offer a lot of healing medicinal properties to the residents. The wall of trees used to be beautiful and divide Tiburon Boulevard from the residences. She asked the management to be sensitive to the residents of Hilarita and acknowledge the relationship they have with the trees. She said a lot of trees have been cut in recent years, this is leaving the area barren, and she pleaded for the Board to not allow the trees to be removed. Mr. Darling said he had been a consultant on a previous pruning six months ago, and a price of $10,500 was given for the pruning. He questioned the $20,000 the applicant is referring to for the cost of trimming those trees. Eunice McCarthy said she lives right across from the trees, has lived there for 20 years and it can get very hot on the second floor of her apartment. She depends on the shade from those trees and does not know what she will do if the trees are removed. She has a ceiling fan and floor fans and when the temperature hits 90 degrees it makes no difference. By the time any replacement trees have grown she will no longer be living since she is 85 years old. Ms. Tilton said the Hilarita apartments are owned by three churches and has a Board of Directors including seven residents and three members appointed from each of the local churches. They have discussed this issue at great length, and she thinks the problem is the residents do not feel they have been communicated with effectively. They do not intend to do anything with the [compactus] eucalyptus trees and they will be available for their medicinal properties. The Hilarita uses all-organic methods for taking care of the plants on the site. They verified with CalTrans that their property ends at the drainage ditch, and the property they removed trees on is their property. The crepe myrtles are all 24 inch boxes so they will be large enough to fill in the area. Vice-Chair Tollini said there is a need for a detailed, comprehensive greater plan for the long term. If there was one and the trees were stated-in that plan as being there for the long term then residents might feel more comfortable with the situation. Ms. Tilton said the original proposal was to trim the trees to restore the view for the uphill neighbors. The fire department also told them to remove some of the trees that are too close to the buildings, and some were removed because of this. Boardmember Kricensky questioned why they put in two different applications. Mr. Goard said he was told to get the eucalyptus done and he put in an application for that. Once this became an issue with the residents, he added the second application. The report from the Ray Moritz is the closest thing they have to a long-term plan. Some of the landscaping is 40 years old and dying and must be removed. The public hearing was closed. Boardmember Wilson said he is assuming the tenants are renters and not owners. He thought there should be some internal mechanism for communicating between property owners and residents. He agreed with the comment that power lines are trimmed by utility companies; however, this is on Tiburon Boulevard and right next to the police station. He would like to leave it as is and find a way to make it lusher and greener and put more buffer in between Tiburon Boulevard and the residents. TIBURON D.R.B. MINUTES 6 1/21/]0 Boardmember Kricensky said there is a point of no return for eucalyptus trees; which were originally put in as streetscape trees. He agreed that blue gums grow fast and branches fall. They are not a good tree for the area. However, they provide a wind break. Four of the blue gums are now "telephone poles," and he wondered if it was noticeable to everyone that they do not have foliage on them. There needs to be a long- term master plan, even if it needs to be phased in for budgetary reasons. That would provide a method of communicating with the people who live there. A lower screen could provide more screening from Tiburon Boulevard than the taller blue gum trees. Trees have a limited lifespan and he thinks a lower screen would be a good alternative, but that requires a plan. Vice-Chair Tollini agreed with Boardmember Kricensky and said it is important to provide screening that is low maintenance and is not dangerous. He suggested the board needs to come up with an agreed upon plan that addresses the fears of residents regarding the landscaping. He is very sympathetic to removing the blue gum trees because he does not think they are the right tree for this location. They do not provide low screening, which is what is needed. The new trees that have been planted are not helping since they are too small, and he feels they do not provide comfort that the replacement trees will be large enough. He would like to see a more comprehensive plan for the replacement of these trees. Chair Chong said this is a unique application because the residents are having a dispute with the property owners. He is not against the removal of the trees, but it needs to be part of a comprehensive long term plan to address the landscape. If the ultimate intention is to replace those trees, he thinks it might be started now. There is definitely a lot of noise in that area and a lot of wind and he suggested there is probably enough talent within the residential community itself to develop a long-term plan. Boardmember Kricensky said the Town would like to see what would replace any trees that are removed, even the pine trees. He emphasized he wants to keep trees, but the blue gum trees are different and he would like to see them replaced with a different group of trees that will grow together rather than being removed and replanted sporadically. Ms. Tilton said the blue gum trees cannot stay the way they are. They need to be trimmed to the level they were at in 2002. The blue gums have not been trimmed to the same level as the other trees. She also said the Hilarita board meets once a month and the residents have an opportunity to have a constant dialogue with the board. Chair Chong suggested a continuance to allow the applicant to put together a plan so the Design Review Board can see the details of that plan. Mr. Goard asked if they can bring the height of the trees down to the 30% level in the meantime. Boardmember Wilson said it seems there is a lot of ill-will associated with this, and he would rather see a united front presented to the Town where people are in agreement. Chair Chong suggested leaving the trees as is until this is resolved. ACTION: It was M/S (Chong/Tollini) to continue the application for 100 Ned's Way to the March 4, 2010 meeting. Vote: 4-0. F. APPROVAL OF MINUTES #20 OF THE 12/3/09 DESIGN REVIEW BOARD MEETING ACTION: It was M/S (Wilson/Kricensky) to approve Minutes #20 of the December 3, 2009 meeting as written. Vote: 4-0. TIBURON D.R.B. MINUTES 1/21/10 MINUTES #3 POLE COFY TIBURON DESIGN REVEW BOARD MEETING OF MARCH 4, 2010 The meeting was called to order at 7:00 p.m. by Chair Chong. A. ROLL CALL Present: Chair Chong, Vice-Chair Tollini, Boardmembers Kricensky and Wilson Absent: None Ex-Officio: Associate Planner Tyler, Director of Community Development Anderson, and Minutes Clerk Rusting B. PUBLIC COMMENTS - None C. STAFF BRIEFING Associate Planner Tyler noted that the 280 Loma Avenue item has been continued to March 18, 2010, and the appeal regarding 2051 Vistazo East has been withdrawn. She noted that a new DRB member was recently appointed by the Town Council and will likely be present at the March 18, 2010 meeting. D. OLD BUSINESS BEFORE THE BOARD 1. 100 NED'S WAY: File No. T09-31; Hilarita-Tiburon Ecumenical Association, Owner; Community Development Director's Referral - of a Tree Permit application requesting the removal of six (6) blue gum eucalyptus trees along the Tiburon Boulevard frontage of the Hilarita Apartments; APN 058-151-39. Linda Tilton, Director, John Stewart Company, said the plan is to replace the blue gum eucalyptus trees with a tree that will reach an appropriate height. Each tree will be replaced at a 3 to 1 ratio, including shrubs and screening at the lower level. As requested at the January meeting, they have put together a landscape plan for the property including a long-term plan for replacement of any other trees lost in that row along Tiburon Boulevard. The public hearing was opened. Public Comments: Chris Darling questioned the property line and pointed out the plan shows accent plants south of the eucalyptus trees, which is property owned by Cal Trans. He submitted a document from Cal Trans purportedly showing the eucalyptus trees straddle the property line. He also addressed the sustainability and viability for the replacement trees after the removal of the blue gums. The prognosis for those trees is extremely poor due to the pre-existing root development that will remain, which will cause obstruction of normal root development of the replacement trees. He said the trees will survive for a short time in a stunted state and then die out. The proposed replacement trees will only reach half the size of the proposed 40-50 feet. TIBURON D.R.B. MINUTES #3 1 3/4/10 ENO. Rolf Eiselin said the trees should remain because they represent a unique design that creates an effective shield from Tiburon Boulevard. Since the trees over half a century old they are worth saving for historical reasons and are majestic in appearance. He said these trees were already in existence when the railroad passed through the area and housing is in no danger. Forty-two Hilarita residents have petitioned to preserve these trees; he feels their opinions should be respected and any changes approved by the DRB would contradict what their predecessors planned. He suggested removing the three pine trees at the corner of Ned's Way because they are not attractive and suggested planting Eucalyptus trees to create a uniform look all the way to Ned's Way. James Hardy reminded the Board that the Hilarita is a HUD-supported complex, and as such, residents have a right to be involved in all matters affecting their home, but have often been ignored and marginalized. There are currently 282 healthy trees at the Hilarita and the eucalyptus trees are part of those. They are healthy and all that needs to be done is maintain them. Management has not been scheduling or managing proper maintenance and the trees have suffered. He said there is no rush to make a decision on the removal of any trees from the Hilarita. He thinks it is important for the DRB to narrow their focus on the problem at hand, which is the height reduction of the trees. The three diseased pines at the entrance to Hilarita need to be removed and Crape myrtle trees should be planted in their place and reviewed after five years as a "demonstration project" to allow the residents of Hilarita and the citizens of Tiburon to see if those trees would be an asset to the community and are successful replacements. Jim Mallot said he lives adjacent to the Hilarita on the uphill side. He commended the Board for taking a long look at this because it is a serious issue. The Hilarita is a large building and screening is important because of scale, cars, and light. The trees provide shade and have an aesthetic beauty along Tiburon Boulevard. He said they do not need an area of "fancy" non-native trees in this quiet area. This area has an elementary school, day care center, police station, and the Hilarita all in that area. Oak trees would be the native tree of choice, as well as madrones and toyons. These have the advantage of putting on their growth at a lower level and they are easy to prune. The Hilarita has selectively cut down almost every cluster of trees around the building. There are no shady areas left around the Hilarita because they have not planted the trees in clusters. He thinks Cal Trans would be happy to allow them to plant trees in the area. The cutting that is being done to the eucalyptus trees is turning them into a hedge. He suggested that an aesthetically-minded tree company could take advantage of certain eucalyptus tree growth characteristics to create a more interesting screen through future pruning. If native trees are planted now, those trees would be more than adequate to provide a screen within 20 years. Victoria Tuorto said she is here to save the Blue Gum Eucalyptus trees. A certified master arborist from Bartlett's Tree Service said the [heavily pruned and topped] trees would grow back. These trees were identified as healthy before their alteration. Although they are non-native, they are drought tolerant requiring no water, and they have a life span of 150 years. She questioned whether the project is exempt from CEQA. This project is not a minor project because it is part of a larger plan to replace all of the eucalyptus trees at the Hilarita. If the trees were properly maintained they would provide a beautiful screen. She said CEQA prohibits piecemeal projects and that is exactly what is happening by removing the trees in this project. The CEQA checklist helps to determine whether there are environmental impacts to consider and the project will affect minority, low income, elderly and disabled, which is one of the items on the checklist. Already, because of the severe pruning, the cars on Tiburon Boulevard are louder, lights are brighter, and they are breathing more carbon dioxide. The removal of these trees will affect the health and peace of mind of the residents and may be seen as neglect. The cost associated with the maintenance of these trees is reasonable. The more screening that is removed, the more the poor quality of the buildings will be exposed to the Town of Tiburon. There must be an obligation to respect the rights of low income, minorities, and elderly residents. TIBURON D.R.B. MINUTES #3 2 3/4/10 Chair Chong asked if it has been determined whether this project is exempt from CEQA. Director Anderson responded that staff has preliminarily determined that the project is categorically exempt from CEQA, and stands by that determination. D.J. Johns, Landscape Architect, said the plan was designed to address the comments of the Board at the January meeting. He reminded everyone the plan shows the removal and replacement of each of the six trees with three new trees. The Board had asked them to develop a plan for the future that is flexible enough to account for the health of the eucalyptus row. Ms. Tilton said the trees ended up looking like they were a hedge, but they did in fact address each tree individually. The re-growth of the trees is weak, and they question whether it is a good idea to continue to try to control the height of the trees through extensive pruning. Tony Goard, maintenance supervisor, said his view has been improved. They have never removed a tree from the Hilarita that was not damaged or required to be removed by the fire department. All of the residents had the ability to go to the meetings of the board and grounds committee they did not attend those meetings. They have chosen to use the Design Review Board venue to voice their concerns instead Vice-Chair Tollini asked about the selection of replacement trees. Mr. Johns said the replacement trees were chosen based on how well they would grow in the area given the constraints. The replanting will include soil amendment, and after one year if a tree is not healthy, it will be replaced. There are some natives included in the plan, but since there were very specific requirements for these plants they chose those that would grow best in the conditions. The public hearing was closed. Boardmember Kricensky said this is a very difficult situation. He thought it would be better to have something more native, but that also provided the screening. It takes a long period of time for the trees to grow. He wondered if there was a way to start some trees now before removing all of the eucalyptus trees. He is concerned about the blue gum trees weakening and falling. Some way of phasing in the new trees over a long period of time would be his preference, so the newer trees could become more mature before removing the older ones. Vice-Chair Tollini said the biggest concern at the last meeting was coming up with a detailed plan. He appreciates these are mature trees, but in his opinion these eucalyptus trees do not provide adequate screening. His view continues to be one of deference to the applicant to the extent they think this would be a better solution. He would like to see larger size boxed trees planted [as opposed to 15 gallon trees], as it would make a difference over the next five years. Boardmember Wilson said he appreciated the work the applicant has done on the plan. The applicant has clearly indicated that they are not planning to remove any of the other eucalyptus trees, so he not concerned that other trees will be removed. Any time there is change it is difficult for people, but he also thinks there needs to be a mechanism within the management of the complex rather than having it come to the Design Review Board. He does not believe the trees are a hazard, but the applicant has worked hard to address the Board's concerns. He does not see how removing six trees and replacing them with a buffer will have as much of an effect. Chair Chong agreed and said the applicant has provided them with a long term plan. This application is not to replace 40 trees, only six trees, and it provides a plan for replacement when the other eucalyptus trees come to the end of their life. TIBURON D.R.B. MINUTES #3 3/4/10 Boardmember Kricensky said the question is when they will replace the other trees. There would be a requirement to trim and maintain those trees. He talked to an arborist and the arborist felt the soil could be replaced and replacement trees would do quite well. In order for that to happen, the other trees need to be trimmed well and the droppings and leaves need to be kept off the ground. He thinks the new plan will be better than what exists currently there. In response to a question from the Board, Mr. Anderson said the purpose of the tree ordinance is to regulate and require permits when people want to alter or remove trees. It is not geared toward making people keep trees that are not otherwise the subject of an application. It would be a benefit if the Board communicated as a condition of approval that the intent is to not have the other [compactus] trees removed unless necessary. Chair Chong asked if future permits could be sent to the Design Review Board for action. Anderson responded that this could be a condition of approval. Vice-Chair Tollini suggested that the Town also review whether the new trees have been successful before approving any new tree permits for the row. Boardmember Kricensky supported the removal of the six Blue Gum Eucalyptus [globulus] trees and using them as a test to see how the replacements grow. He wants to be sure the compactus trees are not ignored and are maintained and pruned appropriately. ACTION: It was M/S (Tollini/Kricensky) that the project be found categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 of the CEQA Guidelines, and that the application be approved subject to the conditions in the resolution, and that additional conditions regarding: 1) confirmation of replacement trees being located on Hilarita property or Caltrans approval for replacements in state right-of-way, and 2) staff shall evaluate the success of replacement trees when reviewing any future tree permit applications for this row of trees. Motion carried 4-0. E. NEW BUSINESS BEFORE THE BOARD 2. 280 LOMA AVENUE: File No. 709140; John & Kathleen Goodhart, Owner; Additions with a Variance for Reduced Side Yard Setback and a Floor Area Exception; The applicant proposes to construct a 500 sq. ft addition, and a 408 sq. ft. basement addition to the existing single-family dwelling. A portion of the addition would encroach 6 feet 1 inch into the required 8 foot side yard setback. As the existing dwelling currently exceeds the maximum gross floor area, a Floor Area Exception has been requested. APN 059-132-03. CONTINUED TO 3/18/10 3. 949 TIBURON BOULEVARD: File No. 710008; 949 Tiburon Boulevard Development LLC, Owner; Modifications to a previously. approved single-family dwelling. The applicant is proposing several modifications including but not limited to: rotating and shifting the home, and modifying the exterior colors/materials from Mediterranean to a California Craftsman architectural style. APN: 058-121-29. The applicant has submitted a request for modifications to a previously approved single-family dwelling. Currently, the property is vacant. A single-family dwelling that once existed on the site has been demolished for some time. TIBURON D.R.B. MINUTES #3 4 3/4/10 zo 17 LAND5CAPE AR011TEUURE March 29, 2010 To: Scott Anderson, Director of Community Development Tiburon, California 94920 Re: The Hilarita Apartments 100 Ned's Way Tiburon, CA 94920 Dear Scott: MAR 3 0 t. . U w f On behalf of the John Stewart Company and The Hilarita Tiburon Ecumenical Association (HTEA), I'm writing to address a notion suggested by objecting residents of The Hilarita during the appeals process of the application to remove (6) Blue Gum trees from the site. Vicki Tuorto, writing "on behalf of concerned Hilarita residents," notes as grounds for appeal, "the recommended replacements will not take root because of the extensive root system from the eucalyptus." In our plans, as reviewed and approved during the March 4th DRB meeting, we specify requirements for removal of the eucalyptus stumps. If these procedures are followed along with soil preparations as also noted in those plans, new plantings will indeed be able to root in these areas. Residents should please observe that even without removal of eucalyptus trees and/or their root systems, other new plantings such as myoporum shrubs have been able to root beneath them. In short, this notion is unwarranted. If you have any additional questions regarding this matter, please do not hesitate to contact me directly. - Best regards, D .J. Johns Landscape Architect #3956 P.O. Box 15 1712 5an Rafael, CA 949 15 41 5.332.3033 www.zone-17.com EXHIBIT NO.~ March 29, 2010 Scott Anderson Director of Community Development Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 MAR LJ G L r Re: File #2009-31 100 Ned's Way, Tiburon Permit to Remove and Replace six (6) eucalyptus globules (Blue Gum) trees along Tiburon Boulevard Dear Mr. Anderson: I know the approval of our permit for the removal and replacement of these blue gum trees is on hold pending an appeal that has been raised to the Town Council. However, I want you to know that we contacted an expert from Wildcare of Marin and a bird expert from the Golden Gate National Recreation Area. We asked them to investigate and advise us with regard to any migratory birds which could have nested in the blue gum trees. They did identify that there is one bird's nest in one of the tallest trees, and we would not like to do any work on these trees until such time as the fledgling birds have left the nest. Therefore, we are advised to not plan to do any work on these trees until after October 1, 2010. - As an aside, I am meeting this afternoon with a woman from the Hungry Owl Project of Wildcare of Marin. We are just investigating whether there is a suitable place on the uphill side of the property to install a nesting box, which owls or raptors would be drawn to next year. Since the Hilarita property adjoins a large area of open space, perhaps providing nesting environments for birds will be interesting, effective, and educational for all. I will of course let you know if any new developments arise, however, in the meanwhile, please be sure to let me know if I can be of assistance in any way. Sincerely, nda T lton EXHIBIT NO. Directo of Property Management 1388 Sutter Street • 11th Floor • San Francisco, CA 94109 • Tel (415) 345-4400 • Fax (415) 614-9175 • www.jsco.net San Francisco • Sacramento • South Bay • Los Angeles • San Diego ROLF EISELIN 1868 MOUNTAIN VIEW DRIVE RES. LA COTE 60 TIBURON, CA 94920-1810 1110 MORGES USA S U I S S E tel. + 1 4'15 435 1198 tel. + 41 21 801 7077 fax + 1 415 435 1238 fax + 41 21 801 7036 e-mail: rolfeiselin@aol.com 8002 ZORICH tel_ + 41 44 281 0774 ARCHITECT SIA DIPL.EPFZ REGISTERED ARCHITECT, STATE OF ILLINOIS, USA + SWITZERLAND Addresses: till 4.1.10: Tiburon, CA, USA; after 4.24.10 till -7.15.10: Morges, Switzerland Tiburon, 3.12.10 Mr. Bryan Chong, Chairman of the Design Review Board Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: 6 guru eucalyptus trees at Tiburon Blvd. appeal Dear Mr. Chong, according to the DRB decision of 3.4.10, these trees can now be felled and replaced with other species of trees. I herewith appeal to keep the gum eucalyptus trees and, in case they will be felled, not to replace them with other species, but to replace them with compactus eucalyptus. Reason: to mix the existing eucalyptus trees with other species will destroy the unified look, the visual impact of the whole row of trees. The closely spaced eucalyptus trees along Tiburon Boulevard form an effective shield, a wall of majestic size. They are unique; nowhere in Marin County have such trees been planted in such a compact row. Please: respect the petition of forty-two Hilarita tenants to preserve, protect and maintain the trees, respect the decision of the authorities - your colleagues from way back - to have them planted, consider that they are of no danger to the Hilarita housing: since more than half a century they withstood severest storms, numerous earthquakes, and never propagated any fire. Sincerely, Rolf Eiseli PS: regarding qualifications: Architect in design team of SOM Skidmore, Owings & Merrill, Chicago, for U.S. Air Force Academy, Colorado Springs, and other firms in New York, Boston, Paris. Artist, represented in San Francisco Museum of Modern Art; Achenbach Foundation, Legion of Honor Palace, San Francisco; and Cabo Frio CIPB collection, Brazil. FF7IBIT NO DIGEST ROLF EISELIN bb r 1868 MOUNTAIN VIEW DRIVE RES. LA COTE 60 RECEI V TIBURON, CA 94920-1810 1110 MORGES USA SUISSE MAR tel. + 1 415 435 1198 tel. + 41 21 801 7077 L U i u fax + 1 415 435 1238 fax + 41 21 801 7036 TOWN MANAGERS OFFIG _ e-mail: rolfeiselin(a~aol.com E 8002 ZURICH TOWN OFTIBURON tel. + 41 44 281 0774 ARCHITECT SIA DIPL.EPFZ REGISTERED ARCHITECT, STATE OF ILLINOIS, USA + SWITZERLAND Addresses: till 4.1.10: Tiburon, CA, USA; after 4.24.10 till 7.15.10: Morges, Switzerland Tiburon, 3.19.10 Mayor and Town Council Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: 6 gum eucalyptus trees at Tiburon Blvd. appeal Dear Mayor and Council, according to the Deign Review Board decision of 3.4.10, these trees can now be felled and replaced with other species of trees. I herewith appeal to keep the gum eucalyptus trees and, in case they will be felled, not to replace them with other species, but to replace them with compactus eucalyptus. Reason: to mix the existing eucalyptus trees with other species will destroy the unified look, the visual impact of the whole row of trees. The closely spaced eucalyptus trees along Tiburon Boulevard form an effective shield, a wall of majestic size. They are unique; nowhere in Marin County have such trees been planted in such a compact row. Please: respect the petition of forty-two Hilarita tenants to preserve, protect and maintain the trees, respect the decision of the authorities - your colleagues from way back - to have them planted, consider that they are of no danger to the Hilarita housing: since more than half a century they withstood severest storms, numerous earthquakes, and never propagated any fire. Sincerely, Rolf Eis fin PS: regarding qualifications: Architect in design team of SOM Skidmore, Owings & Merrill, Chicago, for U.S. Air Force Academy, Colorado Springs, and other firms in New York, Boston, Paris. Artist, represented in San Francisco Museum of Modern Art; Achenbach Foundation, Legion of Honor Palace, San Francisco; and Cabo Frio CIPB collection, Brazil. ~T ~T NO. Bodil Arlander 32 Lagoon Rd. Belvedere, CA 94920 Tel. (415) 378-0908 e-mail: boarlander@gmail.com April 7, 2010 To the Tiburon Town Council: LATE MAIL # /Woe/ As the owner of the properties at both 32 Lagoon Rd and 34 Lagoon Rd, I would like to make it known that I strongly oppose the removal of the Blue Gum Eucalyptus trees that are under consideration for removal. These trees fulfill important functions in shielding my views of the otherwise unattractive apartment complex behind them, helping absorb noise from Tiburon Boulevard and also helping absorb carbon monoxide gases from vehicles traveling on the road. It would take decades for any replacement trees to grow as tall as the existing trees and I therefore respectfully ask that the town council consider the appeal to override the design review board's decision to allow for the removal of the trees in question. I believe it is in the interest of the town's citizens to protect these trees and as a citizen directly affected by any removal, I strongly urge you to consider the appeal that has been made. Respectfully, Bodil Arlander