PLANNING MANAGER WATROUS

PROJECT DESCRIPTION:

On March 4, 2003, an application for a tree permit was filed for the removal of two (2) Eucalyptus trees, four (4) Evergreen Ash trees, four (4) Modesto Ash trees, three (3) Acacia trees and one (1) Eugenia tree on property located adjacent to the parking lot for Blackie’s Pasture. This permit has been referred to the Parks and Open Space Commission for review prior to a decision by the Town Council.

BACKGROUND:

The subject tree permit has been initiated by Joyce Tayer, the owner of the nearby residential property at 10 East Terrace. The trees requested to be removed are situated downslope from Tiburon Boulevard, generally in the area around the paved parking lot for Blackie’s Pasture. The applicant has indicated that, over time, these trees have grown into the views from her residence, as well as the views of other homes in the vicinity.

Most of the subject trees are situated within an area between the paved parking lot and Tiburon Boulevard. Due to the amount of undergrowth and the unkempt nature of these trees, it is difficult to determine the exact dimensions of the subject trees, although the Eucalyptus and Eugenia trees are generally larger than the Acacia and Ash trees. The Evergreen Ash trees are situated across the parking lot from the other trees, bordering the southernmost portion of the driveway leading from the parking lot.

 ANALYSIS:

The subject trees between parking lot and Tiburon Boulevard constitute the majority of the vegetation in this area. The trees provide screening between the southern portion of the parking lot from Tiburon Boulevard, and also provide some screening of the parking lot for the easternmost homes along Greenwood Beach Road. The removal of these trees would make this portion of the parking lot very visible from Tiburon Boulevard; from other homes at the ends of Greenwood Court and East Terrace, uphill and across Tiburon Boulevard from the site; and from homes at the end of Greenwood Beach Road.

The applicant has suggested that the subject trees could be replaced with lower growing shrubs or other vegetation that would not have the potential to extend into the views for uphill homes. However, it would take some time for such replacement landscaping to grow to a height that would provide appropriate screening. Further, this landscaping would not be able to block the foreground view of the parking lot for the homes uphill from the site.

The Evergreen Ash trees proposed to be removed are part of an area intended to provide some screening for the grassy area beyond. The removal of these trees would eliminate any visual separation between this area and the nearby parking lot.

When viewed from the applicant’s home at 10 East Terrace, the subject trees block a considerable portion of the water view of Richardson Bay to the south from the rear deck and living room. However, the trees do not block any of the views of San Francisco, the Bay Bridge, Belvedere Island or Sausalito currently available from this residence.

Several other homes at the ends of Greenwood Court and East Terrace are situated at lower elevations than that of the applicant’s residence. As a result the subject trees would appear to block more water views for these homes, and would possibly extend into the views of portions of San Francisco and/or Sausalito as well.

The Town Council recently adopted a policy and guidelines for reviewing trees and shrubs on Town property (Exhibit 2). The Town’s policy states that "trees and shrubs on Town property are resources that will not be generally removed or substantially altered without good cause." The policy also requires that "any tree work that would significantly alter the appearance of a tree [on Town property] requires prior issuance of a Tree Permit," as well as an Encroachment Permit.

The Town policy contains the following factors to be considered prior to making a decision on a Tree permit to remove trees on Town property:

Type and size of tree (native/non-native, undesirable, heritage-size, invasive, etc.): The subject Eucalyptus trees are non-native trees, although these particular trees do not appear to grow fast enough to be classified as "undesirable trees" under the Tiburon Tree Ordinance. The Evergreen Ash trees can grow quickly to heights of more than 70 feet, and would be classified as undesirable trees. Although the Modesto Ash trees can grow to a height of 50 feet, these trees generally grow more slowly, and would not be classified as undesirable trees. The Acacia and Eugenia trees are non-native species, but do not appear to grow fast enough to be classified as undesirable trees.

Prominence of trees (e.g. visual significance, historical significance, age): The subject trees are visually prominent from Tiburon Boulevard, homes along Greenwood Court, East Terrace and Reed Ranch Road, and from Blackie’s Pasture. None of the trees is historically significant. All of the subject trees are of an indeterminate age.

Qualitative health (e.g. apparently healthy, apparently unhealthy, dying, or dead): All of the subject trees are in an apparently healthy condition. At least one of the Eucalyptus trees is in a poorly maintained condition, with unruly branches and growth.

Appropriateness of location (e.g. active park vs. non-use area, etc.): The subject trees are adjacent to the parking area for Blackie’s Pasture, one of the most actively used public areas in Tiburon.

Benefit (e.g. aesthetics, shade, screening of unsightly use): The subject trees located between the parking area and Tiburon Boulevard provide screening of the parking area from the street, and also help screen the parking area from homes on Greenwood Beach Road. The Evergreen Ash trees provide shade for a portion of the park, and screen that area from the nearby parking lot.

Detriment (e.g. nuisance factors, view blockage, property damage, maintenance obligations): As previously noted, the subject trees block portions of water views from the applicant’s home, as well as from other residences along East Terrace and Greenwood Court. These trees do not appear to be creating any other nuisance conditions or property damage, as the trees are not particularly close to any homes in the vicinity. The Town’s maintenance obligations for these trees would be minimal.

Cost to remove and/or replace, including ongoing maintenance of any replacement vegetation: If the removal of the subject trees is approved, it is likely that the Town would require the applicant to pay for the removal of the trees, as well as the planting of replacement vegetation. The maintenance costs of maintaining replacement vegetation would not likely be significantly higher than the current costs of maintaining landscaping in this area.

Likely effectiveness of replacement vegetation, if replacement is desirable: As previously noted, replacement landscaping of shrubs and/or smaller trees would take some time to provide effective screening, and would not block views of the parking lot from uphill homes.

Section 15A-6 of the Tiburon Tree Ordinance (Exhibit 3) states that the following factors shall be considered in evaluating an application for removal of trees:

The condition of the trees with respect to disease, hazard, proximity to existing or proposed structures or interference with utility services.

The subject trees do not appear to be diseased or in a hazardous condition. The trees are not in close proximity to any existing or proposed structures in the vicinity, and do not appear to significantly interfere with utility services.

The necessity of removal of the trees in order to develop the property.

There is no future development proposed at the location of the trees to be removed, and no anticipated future improvements to this portion of Blackie’s Pasture.

The topography of the land and effect of tree removal on protection from wind, soil erosion or increased flow of surface water.

The topography in the vicinity of the subject trees is relatively level. The removal of these trees would not have any significant effect on the protection of this or adjoining properties from wind, soil erosion or increased flow of surface water. The planting of the replacement vegetation would help minimize any minor potential soil erosion caused by the removal of these trees.

The number of trees in the neighborhood, and the effect of removal of the trees on the character of the neighborhood, including privacy impacts on neighboring properties.

The subject trees represent almost all of the trees in the vicinity of the paved parking lot for Blackie’s Pasture. The removal of these trees would alter the sheltered character of this area, and could result in unwanted privacy impacts for nearby homes that would have an unscreened view of the parking lot as a result.

Good forestry practices, i.e. the number of healthy trees that a given property will support.

The removal of these trees would does not appear to be necessary to comply with good forestry practices.

The historical significance and age of the trees.

The trees to be removed are not historically significant. As previously noted, the subject trees are of an indeterminate age.

The Town of Tiburon also has a View Ordinance (Chapter 15 of the Tiburon Municipal Code) regarding view and sunlight obstruction caused by trees. This ordinance establishes rights and expectations for property owners seeking relief from trees that have grown to obscure previously held views. However, Section 15-16 of the View Ordinance states that "trees located on Town-owned property are exempt from the provisions of this Chapter." Therefore, the View Ordinance does not apply to these trees on Town property.

There has been some question whether some of the subject trees actually are located on CalTrans right-of-way rather than on Town property. Although the location of these trees cannot be precisely determined without a survey, CalTrans has previously requested that applicants obtain a Tree Permit and an Encroachment Permit from the Town of Tiburon prior to removal of any trees within their right-of-way along Tiburon Boulevard.

PUBLIC COMMENT:

Notices of the subject tree permit request were mailed out on Friday, March 28, 2003, to a wide geographic area above the site. As of the date of this report, Staff has not received any letters regarding the proposed tree removal.

RECOMMENDATION:

The Parks and Open Space Commission should review the pertinent elements of the Town’s policy for removal of trees on public property and the Tiburon Tree Ordinance and make recommendations to the Town Council whether this application should be conditionally approved or denied.

EXHIBITS: