SUMMARY:

On November 21, 2002, the Design Review Board considered an appeal of a partially approved application for a tree permit for the removal and/or substantial alteration of 34 Eucalyptus trees on three separate open space parcels located within the Vista Tiburon Subdivision. After considering the application and considering public testimony regarding this request, the Board directed Staff to prepare a resolution granting this appeal. The requested resolution has been prepared and is attached.

The Board also directed Staff to review the proposed action with the Town Attorney and Community Development Director regarding issues related to the California Environmental Quality Act (CEQA) and the Vista Tiburon Precise Development Plan. The applicants have submitted a letter from a consulting attorney that contends that the tree permit would not be subject to CEQA review pursuant to Section 21080 (b[4]) of the CEQA statutes, which states that CEQA does not apply to "specific actions necessary to prevent or mitigate an emergency." The Town Attorney has reviewed this information, along with the findings of a recent California Appeals Court ruling (CalBeach Advocates vs. City of Solana Beach) that pertains to exemptions from CEQA for emergency projects. The Town Attorney has determined that the Design Review Board’s findings regarding the hazards caused by the subject trees are consistent with this code section and the recent court ruling. Therefore, no additional CEQA review would be required at this time.

As noted at the previous public hearing, the Vista Tiburon Precise Development Plan contains numerous references to efforts to "preserve the Eucalyptus grove." The Design Review Board has determined that the removal of the subject trees would only eliminate a portion of the existing grove, and would be consistent with the required maintenance plan for the grove called for by the precise development plan. However, long-term efforts to replace all of the Eucalyptus trees in the grove with other trees would be inconsistent with the precise development plan’s direction to "preserve the Eucalyptus grove" (emphases added). Community Development Director Anderson has also indicated that gradual replacement of the Eucalyptus trees was extensively discussed during the original review of the Vista Tiburon Precise Development Plan, but was clearly dismissed as an option in favor of strong language to preserve the existing Eucalyptus trees wherever possible.

If the Vista Tiburon Homeowners Association wishes to pursue a policy of gradually removing the Eucalyptus trees and replanting other tree species, Staff recommends that an application first be filed to amend the Vista Tiburon Precise Development Plan to accomplish this goal. The Design Review Board does not have the authority to preemptively approve any future tree permit applications for the removal of other trees.

RECOMMENDATION:

It is recommended that the Design Review Board adopt the attached resolution granting this appeal.

ATTACHMENTS: