Urban Forestry Tree Appeal Hearing - March 23, 2023
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Urban Forestry Tree Appeal Hearing - March 23, 2023
The hearing, conducted via Zoom by Examiner Sandra Betancourt on March 23, 2023, addressed two appeals of tree removal permits issued by the City of Sacramento Urban Forestry Division. Both items involved private protected trees: a valley oak at 2319 5th Avenue and a valley oak at 1891 Royal Oaks Drive. The examiner heard testimony from city staff, property owners, and appellants, and will issue written decisions within 30 days.
Discussion Items
1. Appeal of Permit for 2319 5th Avenue
- Applicant: Elliot Reed and Kendra Messias Reed, property owners, who sought removal of a 17-inch diameter valley oak due to structural defects (stress fractures and included bark in branch unions). They expressed safety concerns for their young children and home, and noted plans to replant other trees through the Sac Tree Foundation.
- City Staff: Tyler Lehman (City Arborist) and Kevin Hawker (Urban Forester) testified that the tree had co-dominant stems with included bark and stress fractures, posing a high risk of failure. They stated that pruning would remove about one-third of the canopy, which is not recommended, and that the tree is located in a low area that collects moisture. Staff concluded that the permit conditions under Sacramento City Code 12.56.050 B1B were satisfied.
- Appellant: Dan Paskowski (retired City Arborist, representing concerned neighbors, not the Sierra Curtis Neighborhood Association as originally noted) argued that the tree could be preserved through staged structural pruning and that apparent cracks might be natural fissures. He noted that the tree is a remnant of 13 trees saved during Crocker Village development and that Urban Forestry had multiple opportunities to flag issues earlier. He asserted that without clear open fractures, the tree should be retained.
- Outcome: The hearing examiner stated she would review all evidence and issue a final decision within 30 days.
2. Appeal of Permit for 1891 Royal Oaks Drive
- Applicant: Redwood Residential Development LLC (Maya Thuer, project developer) proposed a 73-unit high-density housing project (The Grove at Woodlake). The permit allowed removal of six regulated trees, including a 33-inch diameter valley oak (tree 3041), necessary for a fire access road. Conditions required planting 48 trees on site and a $6,175 in-lieu fee. The applicant argued the tree removal is essential for two independent fire access points per 2019 fire code, and encroachment into the adjacent utility detention basin is not possible.
- City Staff: Kevin Hawker presented diagrams showing the narrow lot shape and the tree’s drip line extending across the only feasible fire access route. He confirmed the tree’s removal is required to meet fire safety standards and that the code (12.56.050 B1A) requires removal if the use cannot otherwise be made of the property.
- Appellant: Dan Paskowski (representing Trees for Sacramento) contended that the tree could be saved by designing a road around it, possibly using adjacent city utility land. He argued that the ordinance’s intent is to preserve trees even if it reduces unit count, and that the city has allowed roads very close to oaks in other projects. He also noted that the tree is approximately 99–150 years old and was originally required to be preserved. The applicant rebutted that no encroachment on the detention basin is permitted and that fire access requirements cannot be compromised.
- Outcome: The examiner stated she would issue a written decision within 30 days.
Key Outcomes
- No final decisions were rendered during the hearing. Examiner Sandra Betancourt will issue written rulings for both appeals within 30 days of March 23, 2023.
- The written decisions will be final for the City of Sacramento.
Meeting Transcript
Seconds to begin the live stream. Um I will advise you when the 30 seconds begins. Thank you so much. 30 seconds has begun. Thank you. Good morning. Oh, not yet. Not yet. Okay. Staff is ready when you are. Okay, very fine. Thank you. So we are recording as a confirmation. Is that correct, sir? Correct. Thank you. All right. Good morning. This is the March 23rd hearing at the Urban Forestry Department of the City of Sacramento. My name is Sandra Bentonport, and I am the hearing examiner appointed by City Council. And again, to all those present, I apologize for not being present with you today, uh, other than via this Zoom connection. I'd like to acquaint you with a few rules and procedures of the hearing. Uh these proceedings are being electronically recorded. So as you provide your testimony, it will be important that you speak loudly and clearly so that your uh testimony can be recorded. When your item is called, please remember to well, you're not going to unmute yourself, but step forward to the uh the podium. Um and all city staff, appellants, and witnesses will be sworn in prior to testifying today. Before speaking, um, I would like you to state for the record your name and mailing address, and I will hear the evidence first presented by city staff and then by uh the property owners or witnesses um representatives of the owners or other appellants in this issue. Once your item is heard, um I need to advise you that a written decision will be issued within 30 days of today's date. And my decision in these matters will be final. So with that, um, I'd like to ask that the uh parties for this item be sworn, all of the parties. Okay. All that it will be speaking today if you raise your right hand. Do you solemnly swear under penalty of perjury that the testimony and evidence that you give at this hearing shall be the truth, the whole truth and nothing but the truth? Yes. Thank you. Thank you. Um, could I please hear first from city staff with regard to this item? Uh my name is Tyler Lehman. I'm City Arborist with uh Department of Public Works Urban Forestry. Um, so uh we received uh an appeal request from uh for a oak tree removal at 2319 Fifth Avenue. Yeah, we're here for today. Uh subject is uh private protected tree removal permit appeal. Uh the location is 2319 Fifth Avenue. The property owner is Elliot Reed. Um, and uh hearing date is March 23rd, 2023. Hearing examiner is Sandra Bentoncourt. Um so property owner Elliot Reed applied for a permit to remove a private protected valley oak from his backyard. Uh the tree permit application stated that the tree had noticeable stress fractures and included bark in the main branch unions. Umestry determined that uh the information provided uh satisfied the Sacramento City Code and issued a tree removal permit. Um the decision to issue the permit was appealed by the Sierra Curtis Neighborhood Association.
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