HomeMy WebLinkAbout1988-04-14 - RESOLUTIONS - OAK TREE PERMIT (2)RESOLUTION NO. 88-31
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA CLARITA, CALIFORNIA,
APPROVING OAK TREE PERMIT NO. 88-040
WITH FINDINGS AND CONDITIONS
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1: That the City Council of the City of Santa
Clarita does her find, determine and declare as follows:
(a) Andel Engineering Company (applicant) received Oak
Tree Permit No. 88-040 from the County of Los Angeles
prior to the incorporation of the City of Santa Clarita.
(b) Upon the incorporation of the City of Santa Clarita
on December 15, 1987, the City Council adopted Ordinance
No. 87-10 as an emergency measure creating a moratorium
on the cutting and removal of oak trees. The City subsequently
adopted 88-4, extending such moratorium.
(c) On February 11, 1988, the Applicant requested approval
of Oak Tree Permit No. 88-040 by the City Council. The
City Council adjourned its meeting to February 17, 1988.
At the February 17, 1988, meeting, the Mayor appointed
a sub -committee of the Council to meet with the Applicant,
the Applicant's engineer and City staff to consider approval
of Oak Tree Permit No. 88-040.
(d) Oak Tree Permit No. 88-040 seeks permission to allow
removal and replacement of oak trees on the subject property.
(e) Thirty-nine trees of the oak genus currently exist
upon the subject property.
(f) The subject property is an irregularly shaped, vacant,
approximately 40 -acre parcel located on the easterly
side of Sand Canyon Road (on and about 27902 Sand Canyon
Road), approximately 1,300 northerly of Live Oak Springs
Canyon Road in the City of Santa Clarita.
(g) The subject property is comprised of twenty (20)
undeveloped, two -acre minimum sized residential lots
which were created through the recordation of Tract 42254
on October 28, 1987.
(h) Approval of Tract 42254 was made by the County of
Los Angeles when the subject property was unincorporated
territory.
(i) Development of the recorded tract, including the
interior collector road, requires the removal of certain
oak trees.
(j) The Applicant is requesting to remove ten (10) oak
trees in order to proceed with the development plan.
(k) The City recognizes that the oak trees are a significant
resource and provides, by law, for their protection and
perpetuation, pursuant to Ordinance No.88-4.
(1) A feasible alternative exists in this case which
will, to the extent possible, preserve additional oak
trees over those proposed to be cut or removed, as well
as to enable the reasonable and conforming use of the
subject property.
Section 2: That the City Council of the City of Santa
Clarita does hereby impose the following conditions relating to
the approval of Oak Tree Permit No. 88-040:
(a) The term "Permittee" shall include the Applicant
and any other person, corporation or other entity making
use of Oak Tree permit No. 88-040.
(b) Oak Tree Permit No. 88-040 shall not be effective
for any purpose until the Permittee and the owners of
the property have filed at the Santa Clarita City Hall
a recorded affidavit stating that the Permittee is aware
of, and agrees to accept, all of the conditions of this
grant.
(c) This grant shall expire, unless used within two years
of the date of approval by the Santa Clarita City Council.
The Permittee receive a one-time, one-year extension
if requested of the City Council in writing and received
by the City Council prior to the expiration date of this
grant.
(d) If any provision of this grant is held or determined
to be invalid, the permit shall be void and the privileges
granted hereunder shall lapse.
(e) The subject property shall be developed, maintained
and operated in full compliance with the conditions of
this grant and any law, statute, ordinance or other regulation
applicable to any development or activity on the subject
property. Failure of the Permittee to cease any development
or activity not in compliance thereof shallbe in violation
of these conditions.
(f) Notice is given that any person violating a provision
of this grant is guilty of a misdemeanor.
^^ (g) Notice is further given that the City,Planning Commission
may, after a public hearing, revoke or modify this permit,
if it finds that these conditions have been violated
or that this grant has been adversely exercised.
(h) This grant allows the removal of four trees of the
oak genus, identified as trees number 4, 5, 8 and 36,
as well as the trimming for road purposes, of trees number
6, 10, 10a, 20, 21, 23 and 25, and the dressing of trees
number 1, 3, 5, 7, 91 11, 13, 14, 14a, 16, 18a, 18b,
22, 24, 26, 26a, 27 and 28. Such designations are in
substantial conformance to the oak tree map marked Exhibit
"A" which is on file with this permit.
-2-
M The Permittee shall provide replacement trees of
the oak genus at the rate of four trees per each removed,
subject to the following specifications:
(1) One shall be of 36 -inch box specimen size;
(2) One shall be of 24 -inch box specimen size;
and
(3) Two shall be of the 15 -gallon size and measure
one inch in diameter, one foot above the base
Of such tree.
(j) Prior to disturbance of the targeted tree, the Permittee
shall submit to the Director of Community Development,
a map similar to the site plan marked Exhibit "A", depicting
the proposed location of the trees to be replaced as
selected by a qualified arborist. Replacement shall
be concentrated in the areas of Sand Canyon Road and
the easterly quarter of the subject property.
(k) The Permittee shall properly maintain each replacement
tree. The Permittee shall replace any tree failing to
survive for a period of two years after planting, such
replacement tree meeting the specifications as set out
in subsection (i) of the tree it is replacing.
(1) The Permittee shall comply with all measures for
conservation of the reamining oak trees as recommended
by the Forester and Fire Warden.
(m) The Permittee shall install fencing not less than
four feet in height along a line five feet outside the
group lines of any remaining oak trees during construction.
(n) Before commencing construction, each oak tree on
the subject property shall be tagged with a number corresponding
with that number shown on the site plan marked Exhibit
"A"• The tag shall remain in place until completion
of construction.
(o) A set of the conditions set out in this Resolution
shall be available for review on the project site at
all times that construction in in progress.
(p) Excavation or fill allowed by this permit and shown
on the Exhibit "A" within five feet of the drip line
of an oak tree or within ten feet of the trunk, whichever
is greater, shall be accomplished by the use of hand
held tools or small hand -power equipment. If any roots
are encountered, they shall be saved and covered with
wet burlap and kept in a moistened condition, or other
such measure as recommended by a qualified arborist,
who shall be present, until adjacent construction is
completed.
(q) Should excavation or fill result in the death of
any oak tree within two years after completion of the
construction, the tree shall be replaced and the replacement
tree shall be maintained as provided in these conditions.
The replacement tree shall be a specimen size, 36 -inch
box. _3-
(r) Permission is hereby granted to locate the road improvements
not more than eight feet outside the approved right-of-way
for Commet Drive for a distance of not more than 300
feet. Such recordation shall be made by separate instrument.
(s) Prior to issuance of a grading or building permit,
Applicant shall submit to the City of Santa Clarita an
oak tree report (2 copies), prepared by a qualified arborist.
Such report shall indicate on a site plan all oak trees
on the property in their true location, along with all
information specified in the Oak Tree Ordinance adopted
by the City of Santa Clarita. The report shall be reviewed
and approved by the County Forester and Fire Warden.
Applicant shall comply with all recommendations of the
City of Santa Clarita.
(t) A draft agreement suitable for recordation as a covenant
running with the land for the benefit of the City of
Santa Clarita shall be submitted for review and approval
of the Director of Community Development and the City
Attorney, which will provide for the maintenance of the
approved drainage pattern and, and adjacent to, the flag
strip/common driveway for lots number 12, 13, 14 and
15 of Tract 42254.
(u) Eleven (11) copies of the revised plot plans similar
to that presented at the public hearing on this matter
and conforming to such of the conditions of this Resolution
as can be shown on a plan shall be submitted. These
plans shall be appropriately dimensioned following all
road improvements, including, but not limited to, drainage
structures and walls.
(v) The Permittee shall post bond for a period of five
years from the date of this grant, or two years from
the date of planting of the oak trees, whichever is less,
to the satisfaction of the City Attorney (as to the form)
and the Director of Community Development.
Section 3: Subject to the terms and conditions stated
in Section 2 of this Resolution, and based upon the evidence presented,
including the findings of the subcommittee of the City Council
and testimony heard at the City Council meeting, and each member
of the City Council being familiar with this matter, the City Council
of the City of Santa Clarita does hereby approve Oak Tree Permit
No. 88-040.
Section 4: The City Clerk shall certify the adoption
of this Resolution.
1988. PASSED, APPROVED, AND ADOPTED this 14th day of April
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adopted by theECity Council of athehCity rOfoSantaeClaritanataa reuly
gular
meeting thereof, held on the 14th day of April
1988, by the following vote of the Council
AYES: COUNCILMEMBERS Boyer, Darcy, Koontz, McKeon
NOES: COUNCILMEMBERS Heidt
ABSENT: COUNCILMEMBERS
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