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HomeMy WebLinkAbout1992-02-25 - AGENDA REPORTS - PH PARKWAY TREE INFLUNCE AREA (2)AGENDA REPORT City. Manager Approval 'Item to be presented PUBLIC HEARING _i Jeff Kolin - DATE: _ February 25, 1992 SUBJECT: Public Hearing for Parkway, Tree :Influen a rea Plus Adoption of Parkway Tree Influence Area Resolution Number: 92-38 . DEPARTMENT: Parks and-Recreation BACKGROUND At the ,October 22, 1991 regularly; scheduled.meeting, the City. Council 'approved Parkway Tree Influence Area Ordinance No. 91-45. : In summary, the 14' Parkway Tree Influence Area Ordinance 91-45, subjects. property -owners adjacent major highways to a City permit process. During .the permit process staff will review the applicants request 1 to plant, prune, or, remove: trees within a.14' tree protection area. Upon review, should staff determine the applicant's request for tree work is reasonable, a permit may be issued at no cost to the applicant. Permits will be issuedfor such work that. will not create, continue, or aggravate any hazardous'. condition or public nuisance, will not prevent or interfere with the growth, location, or, planting of approved street trees, and is consistent with the .street tree program. The, intent of the Parkway Tree Influence Area Ordinance 91-45 is to protect existing and future plantings .of trees that line our..highways. Residential zoned 'properties- would not be effected by the proposed ordinance. Tonight the public is invited to offer. testimony in favor or in opposition to the establishment of a Parkway Tree ,Influence Area adjacent to their property(s). The City Council may designate, following the public hearing, through Resolution No. 92-38, a "Parkway Tree Influence Area" for the following ureas: MAJOR HIGHWAYS Bouquet Canyon Road from Magic Mountain Parkway to City limits. Lyons Avenue from I-5.to Railroad Avenue. Magic Mountain Parkway from SR 126 to'San Fernando Road. McBean Parkway from I-5to City Limits. Orchard Village Road from Lyons'Avenue to McBean Parkway. Plum Canyon Road from Bouquet Canyon Road to end of development. or City Limits. Rye Canyon Road from the I-5 to City limits. Sand Canyon Road from Lost Canyon Road to City limits. San Fernando, Road from SR 14 to Magic Mountain' Parkway. Sierra Highway from City limits to City limits. Soledad Canyon Road from Bouquet Canyon Road to SR 14.. Valencia Boulevard from I-5 to Bouquet Canyon Road. Whites Canyon.Road from Soledad Canyon Road to Enderly Street. Wiley Canyon Road from Lyons Avenue to Via Pacifica. Adopted;"�� Agendat#gym: It is recommended that City Council conduct.the public hearing. Upon conclusion of.the public hearing, staff is recommending to the City Council the approval of Resolution 92-38 designating the major highways as previously mentioned for inclusion in a Parkway TreeInfluenceArea. ATTACHMENTS Public Hearing Notice Parkway Tree Influence. Area, ordinance 91-45 Resolution 92-38 Map RM/lak PRCOUNC:89 PUBLIC HEARING PROCEDURE 1. Mayor Opens Hearing a. States Purpose of Hearing 2. City Clerk Reports on Hearing Notice 3. Staff Report (City Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) 5. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision 10. Mayor Announces Decision A CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING PROPERTY OWNERS OFFERING TESTIMONY IN FAVOR OR OPPOSITION TO THE ESTABLISHMENT OF A 14' PARKWAY TREE INFLUENCE AREA ON SEVERAL MAJORHIGHWAYSTHROUGHOUT THE CITY PUBLIC NOTICE IS HEREBY GIVENS A Public Hearing will be held before the City Council of the City of Santa Clarita regarding the designation of a 14' Parkway Tree Influence .Area adjacent to your property. The properties affected by the proposed Parkway Influence Area are those properties (less residential zoned lots) located on several major highways as described on the attachment. The City Council is considering a 14' tree protection zone adjacent to several major highways throughout the City. The 14' Parkway Tree Influence Area would subject property owners to a City permit process. During the permit process the City Park & Recreation Director or Designee would review the applicants request to plant, prune or remove trees within a 14' tree protection area. Upon review, should the City Park & Recreation Director determine the applicant's request for tree work is reasonable, a permit may be issued at no cost to the applicant. Permits will be issued for such work that will not create, continue or aggravate any hazardous condition or public nuisance, will not prevent or interfere- with the growth, location or planting of approved street trees, and is consistent with the street tree program. The intent of the Parkway Tree Influence Area ordinance 91-45 is to protect existing and future plantings of trees that line our highways. Residential zoned properties would not be effected by the proposed ordinance. The hearing will be held by the City Council in the City Hall Chambers, 23920 Valencia Blvd., 1st floor, Santa. Clarita, the 25th day of February, 1992 at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's Office, Santa'Clarita City Hall, 23920 Valencia Blvd., 3rd Floor, Santa Clarita. If you wish to challenge this order in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to the public hearing. Date: January 22th, 1992 Donna M. Grindey City Clerk Publish Date: January 28, 1992 RM/rmc PRCOUNC:88 Attachment ORDINANCE NO. 91-45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE MUNICIPAL CODE AT CHAPTER 13.76 RELATING TO THE PARKWAY TREE INFLUENCE AREA TO ADD SUBSECTIONS 13.76.04C AND 13.76.05A.2. AND SECTION 13.76.110 AND 13.76.120 THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Santa Clarita Municipal Code is hereby amended to add subsection C. to section 13.76.04 to read as follows: "C. Authority Over Trees Beyond the Parkway/Responsibility of Property Owner. There is hereby created a °Parkway Tree Influence Area• which shall, upon City Council designation, include areas on private property within fourteen (14) feet of paved surface on any major highway, as designated in the City of Santa Clarita general plan. The City Council may establish such a Parkway Tree Influence Area by resolution pursuant to sections 13.76.110 and 13.76.120. The purposes of the Parkway. Tree Influence Area include to eliminate competition between the City street tree landscaping plan and private developmentlandscape plans, to protect existing trees outside of the right of way but within the Park way Tree Influence Area, and to protect the Parkway Tree Influence Area on both developed and undeveloped lots for future street tree planting. The Director shall have the authority to approve, by permit, the proposed planting, pruning, trimming, root pruning or removal of trees planted in the Parkway Tree Influence Area, as designated by the City Council. Following such a designation by the City Council, the private property owner shall remain responsible for the maintenance and care and shall continue to assume all liability for such private property within the Influence area.• SECTION 2. Subsection 13.76.05 A.2. is hereby added to the Santa Clarita Municipal Code to read as follows: 02. Permit reouired for planting. removing. or maintenance of tree in Parkway Tree Influence Area. Whenever a property owner desires to plant, prune, trim, root prune or remove trees planted in a Parkway Tree Influence Area, an application shall be filed with the Director for a permit to take such action. No permit fee shall be required by the City. If the Director finds that such action is to the advantage of a tree, and upon the review of the City Arborist, a permit may be issued, but only for such work that will not create, continue or aggravate any hazardous condition or public nuisance, will not prevent or interfere with the growth, location or planting of approved street trees, and is consistent with the Street Tree Program. If major tree pruning is requested, the City permit .shall require that the pruning comply with .the standards of the City Arborist and the National Arborist Association Standards for pruning of shade trees. The City may waive the permit requirements for minor trimming or pruning activities, such as removal of palm fronds and. sucker growth. Nothing in this section 13.76.05 shall require a permit to conduct emergency work, including pruning, trimming or tree removal, when required to protect persons or property from immediately threats of harm or damage." SECTION 3. Section 13.76.110 and section 13.786.120 are hereby added to the Santa Clarita Municipal Code to read as follows: "13.76.110. Procedure for Establishine Parkway Tree Influence Area. The City Council may, following an administrative hearing, establish by resolution a "Parkway Tree Influence Area" for an area or areas within four -teen feet (14') and parallel to existing paved surface on a major highway, as designated in the City of Santa Clarita General Plan. Following the hearing, if the Council finds that the parkway Tree Influence Area is necessary to eliminate competition between street tree landscape plans and private development landscape plans, to protect existing trees outside the right of -way but within the Parkway Influence Area, to protect the Parkway Tree Influence Area on either developed or undeveloped lots, or any similar purpose; the City Council shall adopt, by resolution, the Parkway Tree Influence Area. Notice of the hearing shall be sent by mail 20 days prior to. such hearing to all property owners upon whose property the proposed Parkway Tree Influence Area would lie. The notice shall include the purpose of the hearing and the date and time of, the hearing, and shall advise the property owner of his or her right to appear and offer testimony in favor or opposition to the establishment of the Parkway Tree Influence Area. In establishing the Parkway Tree Influence Area, the Council grants authority.to the Director to conduct all necessary actions, including consideration of permits, pursuant to this Chapter 13.76. Following the designation of the Parkway Tree Influence Area, the .private property owner shall remain responsible for the maintenance and care and shall continue to assume all liability for such private property within the Influence area." 113.76.120. Areas Exempt from Parkway Tree'Influence Area. Notwithstanding any provision of this Chapter 13.76, the City Council shall not include the following areas within a Parkway Tree Influence Area: A. Any portion of any parcel or lot zoned for residential use." SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by lav, PASSED AND APPROVED this 12thday of November . 19__9J. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Donna M. Grindev City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 91-45 was regularly introduced and placed upon its first reading at a regular meeting of the -City Council on the 22nd_ day of October , 19q] . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of HDx2nhrr , 191 j_, by the following vote, to wit: AYES: COUNCILMEMBERS: Darcy, Heidt, Klajic, McKeon, Boyer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 92-38 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,-CALIFORNIA, ADOPTING AND ESTABLISHING "PARKWAY TREE INFLUENCE AREAS" PURSUANT TO ORDINANCE NO. 91-45 OVER SEVERAL MAJOR HIGHWAYS THROUGHOUT THE CITY OF SANTA CLARITA" SECTION 1 The City Council does hereby find, determine, and declare as follows: A. On February 25, 1992, the City' Council conducted an administrative hearing pursuant to Ordinance No. 91-45 to consider the establishment of certain Parkway Tree Influence Areas. B. Based upon evidence and testimony submitted at the administrative hearing, the City Council finds that .the. Parkway Tree Influence Areas set forth in section 2 of this ordinance are necessary to eliminate competition between street tree landscape_ plans and private development landscape plans. and to protect existing trees outside the right-of-way but within the Parkway Tree Influence Areas. SECTION 2 Parkway Tree Influence Areas pursuant to Ordinance No. 91-45 are hereby adopted and established along the following major highways and are subject .to the provisions stated in .Ordinance No. 91-45 and all other provisions of Chapter 13.76 of the Santa Clarita Municipal Code relating to the Parkway Tree Influence Areas: MAJOR HIGHWAYS Bouquet Canyon Road from Magic Mountain Parkway to City limits. Lyons Avenue from I-5 to Railroad Avenue. Magic Mountain Parkway from SR 126 to San Fernando Road. McBean Parkway from I-5 to City Limits. Orchard Village Road from Lyons Avenue to McBean Parkway. Plum Canyon Road from Bouquet Canyon Road to end of development or City Limits. Rye Canyon Road from the I-5 to City limits. Sand Canyon Road from Lost Canyon Road to City limits. San Fernando Road from SR 14 to Magic Mountain Parkway. Sierra Highway from City limits to City limits. Soledad Canyon Road from Bouquet Canyon Road.to SR 14. Valencia Boulevard from I-5 to Bouquet Canyon Road. Whites Canyon Road from Soledad Canyon Road to Enderly Street. Wiley Canyon Road from Lyons Avenue to Via Pacifica. SECTION 3 A The City Council of the City of Santa Clarita hereby grants the Parks and Recreation Department Directoror his/her designee ' the authority to approve or disapprove through a permit process an applicants request to prune, remove, or plant a tree(s) within a 14' Parkway Tree Influence Area. S. It is further understood that no permit fee shall be required of the applicant by the City. C. It is further understood that the City may waive the permit requirements for minor trimming activities, such as removal of palm fronds and sucker growth. D. No permit shall be required to conduct emergency work, including pruning, trimming, or tree removal, when required to protect persons or property from immediate threats of harm or damage. SECTION 4 Private property owners shall remain responsible for the maintenance and care and shall continue to assume all liability for such private property within a Parkway Tree Influence Area. SECTION 5 Areas, exempted from a Parkway Tree Influence Area are; any portion of any parcel or 'lot adjacent to a major highway zoned for residential use. SECTION 6 The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this day of , 1992. ATTEST: CITY CLERK MAYOR STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) I, Donna M. Grindey, DO HEREBY CERTIFY that the 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 the Council: AYES: COUNCILMEMBERS: IZ[4 4�1 ABSENT: COUNCILMEMBERS: PRCOUNC:91 r CITY CLERK a 8