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HomeMy WebLinkAbout1992-10-27 - AGENDA REPORTS - DENIAL MC 92 112 REMOVAL TREE (2)UNFINISHED BUSINESS DATE: October 27, 1992 AGENDA REPORT City Manager Item to. be Du kolo SUBJECT: Appeal of the Planning Commission's denial of Master Case 92-112 (Oak Tree Permit 92-023) to allow for the removal of a non -heritage oak tree from the rear yard of an existing single family residential lot located at 24512 St. Moritz Drive. Applicant: Mrs. Janey Deldo DEPARTMENT: Community Development BACKGROUND Pursuant to the Council direction at the meeting of October 13, 1992, staff Is presenting the City Council with both a resolution approving and a resolution denying Master Case 92.112 (Oak Tree Permit 92-023). Staff has Included language within the resolution of denial that requires the applicant to do the following: 1) Remove the portion of the concrete patio located within the protected zone of the subject oak tree. This patio was constructed illegally without the benefit of an approved oak tree permit. 2) The applicant shall be responsible for maintaining the oak tree In a healthy condition. Consider both resolutions and adopt one of them. ATTACHMENTS Resolution 92-191 Resolution 92-205 GEA:II coundhar92112.gea Adopted: ,:� RV -10-0 V -Lza- - Agenda Item: FOLLOWS: RESOLUTION NO. 92-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DENYING MASTER CASE NUMBER 92.112 OAK TREE PERMIT 92-023, TO ALLOW FOR THE REMOVAL OF ONE OAK TREE LOCATED AT 24152 ST. MORITZ DRIVE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS SECTION 1. The City Council does hereby make the following findings of fact: a. A request (OTP 92-023) to remove an oak tree from the rear yard of a single family residential lot was filed with the City of Santa Clarita by Mrs. Janey Deldo (the "applicant") on June 5, 1992. The property for which this request was filed is located at 24152 St. Moritz Drive. b. A serious Injury to one of the applicant's children due to falling from the tree, and the subsequent emotional impacts, are the primary reasons cited for the removal request. C. Ordinance 89-10 (Oak Tree Ordinance) was established by the City to preserve and protect oak trees within Santa Clarita. The policy statement contained within Ordinance 89-10 (Oak Tree Ordinance) is summarized as follows: "it shall be the policy of the City of Santa Ciarita to require the preservation of all healthy oak trees unless compelling reasons justify the removal of such trees." d. Ordinance 89-10 provides the Director of Community Development with the authority to grant a permit for the removal of up to three oak tree (excluding a heritage type tree), provided that the Director makes one or more of the required five findings. The Director made no determination on the request and Instead scheduled the Item before the Planning Commission. e. A hearing was held by the Planning Commission on July 7, 1992 at 7:00 P.M. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At this hearing, the Planning Commission denied Oak Tree Permit 92-023, finding that applicant's reasons for the request are not a "compelling reasons" as required by the policy statement of the City's Oak Tree Ordinance and that the applicant's request does not satisfy one or more of the findings required for granting an oak tree permit. f. On July 21, 1992, the Planning Commission adopted Resolution P92-27, formally denying Master Case 92-112 (Oak Tree Permit 92-023). g. On August 4,1992, the applicant submitted an appeal letter and the appropriate fees, appealing the Planning Commission's denial of Master Case 92.112 (Oak Tree Permit 92.023). A hearing was held by the City Council on September 22, 1992 at 6:30 P.M., at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At this meeting the Council conceptually overturned the Planning Commission denial pending the adoption of a resolution approving the applicant's request. The Council directed RESO NO. 92-205 Page 2 staff to prepare a resolution approving Master Case 92-112 (Oak Tree Permit 92-023) for the Council's consideration at the City Council meeting of October 13, 1992. Resolution No. 92-191 was presented to the City Council at their regular meeting on October 13, 1992 at 6:30 P.M., at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarlta. At this meeting the Council removed the Item from the Consent Calendar, reconsidering their previous decision conceptually approving the Item. The Council directed staff to prepare a resolution approving and a resolution denying Master Case 92-112 (Oak Tree Permit 92-023) for the Council's consideration at the City Council meeting of October 27, 1992. SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the City Council and on its behalf, the City Council further finds as follows: a. At the hearings of September 22 and October 13,1992, the City Council considered the staff report prepared for this project and received testimony on this proposal. b. The applicant has illegally constructed a concrete patio within the protected zone of the oak tree. C. Policies contained within the City's General Plan strongly encourage the preservation of oak trees. d. The City Council, in approving an oak tree permit, must substantiate one or more of the required findings. These findings are associated with the removal, trimming, and encroachment within the protected zone, of oak trees and are summarized as follows: The condition or location of the oak tree requires cutting to maintain or aid Its health, balance, or structure. (The subject tree Is In good condition and the applicant Is requesting removal of the tree rather than trimming); and, 2. The condition of the tree(s) (disease, danger of falling) cannot be controlled through preservation procedures and presents a hazard to pedestrians, utilities, etc. (The subject tree is in good condition and presents no apparent danger of falling thereby not presenting a hazard to pedestrians, utilities, etc.); and, 3. The removal of the tree(s) Is necessary to enable the reasonable use ofthe subject property which Is otherwise prevented by the tree(s) (The subject tree in no way prevents the reasonable use of the property. The property was developed in a manner as to provide sufficient rear yard area while preserving the oak tree.); and, 4. The approval of a permit will not be contrary to or In conflict with the purpose and Intent of the Ordinance (The granting of the permit for the applicant's cited reason Is not provided for within the ordinance and therefore is In conflict with the ordinance.); and,, RESO NO. 92-205 Page 3 5. The last finding is related to the removal of a heritage oak tree. The subject tree is not of the heritage type. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby determines as follows: a. The granting of the oak tree penult would be in direct conflict with policies of the City's General Pian which encourage the preservation of oak trees. b. The applicant's reason for the request is not a "compelling reason" as required by the policy statement of the City's Oak Tree Ordinance (89.10). C. The approving of the applicant's request does not satisfy one or more of the findings required for granting an oak tree permit. NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City of Santa Clarita, California, as follows: The City Council hereby denies the applicant's request (Oak Tree Permit 92-023) to remove an oak tree in the rear yard of a single family residential lot. Furthermore, the applicant shall be required to remove the portion of the concrete patio located within the area defined as the "protected zone" of the subject oak tree. The applicant shall also be responsible for maintaining the oak tree In a healthy condition. PASSED, APPROVED AND ADOPTED this day of .1992. Jill Klajic, Mayor ATTEST: Donna M. Grindey, City Clerk RESO NO. 92-205 Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF SANTA CLARITA) I, Donna M. Grindey, DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of .1992 by the following vote of Council• AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Donna M. Grindey, City Clerk GEA:II coundllres92205,ge FOLLOWS: RESOLUTION NO. 92.191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, APPROVING MASTER CASE NUMBER 92.112 OAK TREE PERMIT 92-023, TO ALLOW FOR THE REMOVAL OF ONE OAK TREE LOCATED AT 24152 ST. MORITZ DRIVE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS SECTION 1. The City Council does hereby make the following findings of fact:. a. A request (OTP 92.023) to remove an oak tree from the rear yard of a single family residential lot was filed with the City of Santa Clarita by Mrs. Janey Deldo (the "applicant") on June 5, 1992. The property for which this request was filed is located at 24152 St. Moritz Drive. b. A serious injury to one of the applicant's children due to falling from the tree, and the subsequent emotional impacts, are the reasons cited for the removal request. C. Ordinance 89.10 (Oak Tree Ordinance) was established by the City to preserve and protect oak trees within Santa Clarita. The policy statement contained within Ordinance 89-10 (Oak Tree Ordinance) is summarized as follows: "It shall be the policy of the City of Santa Clarita to require the preservation of all healthy oak trees unless compelling reasons justify the removal of such trees." d. Ordinance 89-10 provides the Director of Community Development with the authority to grant a permit for the removal of up to three oak tree (excluding a heritage type tree), provided that the Director makes one or more of the required five findings. The Director made no determination on the request and Instead scheduled the item before the Planning Commission. e. A hearing was held by the Planning Commission on July 7,1992 at 7:00 P.M. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At this meeting, the Planning Commission conceptually denied Master Case 92-112 (Oak Tree Permit 92.023), directing staff to prepare a resolution of denial for the Commission's consideration at the next regularly scheduled meeting. I. On July 21, 1992, the Planning Commission adopted Resolution P92-27 formally denying Master Case 92-112 (Oak Tree Permit 92.023). Reasons for denial Included the request not substantiating one or more of the required findings for granting an oak tree permit and the applicant's reason for the request not being a "compelling reason". g. On August 4, 1992, the applicant appealed the Planning Commission's denial of Master Case 92.112 (Oak Tree Permit 92-023) to the City Council. h. A hearing was held by the City Council on September 22; 1992 at 6:30 P.M. at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At this meeting the Council conceptually overturned the Planning Commission's denial pending the adoption of a resolution approving the applicant's request. The Council directed RESO NO. 92-191 Page 2 staff to prepare a resolution approving Master Case 92-112 (Oak Tree Permit 92-023) for the Council's consideration at the City Council meeting of October 13, 1992. Resolution No. 92-191 was presented to the City Council at their regular meeting on October 13, 1992, at 6:30 p.m., at the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita. At this meeting the Council removed the Item from the Consent Calendar, reconsidering theirprevious decision conceptually approving the item. The Council directed staff to prepare a resolution approving and a resolution denying MasterCase 92-112 (Oak Tree Permit 92-023) forthe Council's consideration at the City Council meeting of October 27, 1992. SECTION 2. Based upon the above findings of fact, oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and Investigations made by the City Council and on Its behalf, the City Council further finds as follows: a. At the hearings of September 22 and October 13,1992, the City Council considered the agenda report prepared for this project and received testimony on this proposal. b. The applicant's reason for removal Is considered to be unique and compelling. In no way is this determination Intended to establish a precedent in allowing future oak tree removals for similar reasons. The City will continue to evaluate each oak tree permit request on its own merits for consistency with Ordinance 89.10 (Oak Tree Ordinance). C. The City Council, in approving an oak tree permit, must substantiate one or more of the required findings listed within Ordinance 89-17 (Oak Tree Ordinance). The Council determined that the applicant's request satisfied the following finding: The approval of a permit will not be contrary to or in conflict with the purpose and intent of the Ordinance (The policy statement of the Oak Tree Ordinance requires the preservation of oak trees unless "compelling reasons" justify the removal of the trees. The applicant's reasons for removal are determined to be compelling and within the Intent of the ordinance, provided that, prior to removing the tree the applicant proceeds on either one of two options. The options are as follows: 1) Provide payment to the City equivalent in value to the tree as defined by the International Society of Arboriculture's (ISA) "Guide to Establishing Values for Trees and Shrubs"). 2) Participate in a City sponsored oak tree planting program to the satisfaction of the Director of Community Development. SECTION 3. Based upon the foregoing facts and findings, the City Council hereby determines as follows: a. The applicant's reason for the request Is a "compelling reason" as required by the policy statement of the City's Oak Tree Ordinance (89-10). RESO NO. 92-191 Page 3 b. The approving of the applicant's request does satisfy one of the findings required for granting an oak tree permit. NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City of Santa Clarlta, California, as follows: The City Council hereby approves the applicant's request (Oak Tree Permit 92-023) to remove an oak tree in the rear yard of a single family residential lot, provided that, prior to the removal of the tree, the applicant submits payment to the City equivalent In value to the removing the tree the applicant proceeds on either one of two options. They are as follows: 1) Provide payment to the City equivalent in value to the tree as defined by the International Society of Arboriculture's (ISA) "Guide to Establishing Values for Trees and Schrubs'1. 2) Participate In a City sponsored oak tree planting program to the satisfaction of the Director of Community Development. PASSED, APPROVED AND ADOPTED this day of 1992. Jill KlaJlc, Mayor ATTEST: Donna M. Grindey, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF SANTA CLARITA) I, Donna M. Grindey, DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of . 1992 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Donna M. Grindey, City Clerk GEA:II councftes92191.ge