The URL can be used to link to this page

Home My WebLink About1992-10-13 - AGENDA REPORTS - PLANNING CMSN CASE 92 112 (2)CONSENT CALENDAR DATE: October 13, 1992 AGENDA RE SUBJECT: Appeal of the Planning Commission's dental 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 Following the hearing of September 22, 1992, the City Council approved Master Case 92-112 (Oak Tree Permit 92-023), directing staff to return with a resolution approving the.oak tree pen -nit. Additionally, staff has Included language within the resolution requiring the applicant to proceed on one of two options prior to removing the tree. The options are as follows: 1) Provide payment to the City equivalent to the ISA value of the tree (approximately $4,000.00); or, 2) Participate in a City sponsored oak tree planting program to the satisfaction of the Director of Community Development. Staff has also attached a letter from the Planning Commission recommending that the City Council reconsider their decision on this project. RECOMMENDATION Adopt Resolution 92-191 approving Master Case 92.112 (Oak Tree Permit 92-023). ATTACHMENTS Resolution 92-191 GEA:II coundRar92112.gea Continued To; 1,0-,2 2-9�Z enda Item: 7 �/ Ag — City of Santa Clarita Jill rJaiic Mayor Jan Heidt Mayor Pro -Tem Carl Boyer Counclimember Jo Anne Darcy Councftember George Pederson Coum1member 23920 Valencia Blvd. Suite 300 City of Santa Clarita California 91355 October 8, 1992 Phone (805) 259-2489 Fax (805)259-8125 Dear Honorable Mayor and Members of the City Council: We were recently disappointed at your decision to approve Oak Tree Permit 92-023 (Applicant: Mrs. Deldo), overturning our denial. At Commissioner Brathwaite's request, the Planning Commission discussed this action at our October 6, 1992, Commission meeting. At this meeting, the Commission unanimously directed staff to draft this letter for Chairman Woodrow's signature describing our feelings. Please understand that our original decision of denial was made following lengthy deliberation and thought on the request. The Commission does sympathize with the applicant and the ordeal she and her family suffered through, but please understand that the Commission is appointed by the Council to review and act upon land use issues, which include oak tree permits. The Commission must revieweach land use issue, evaluating it for compliance with City ordinances, policies, and regulations. In this.case, the Commission evaluated the removal request with Ordinance 89-10. The intent of the Ordinance is very clear: to protect and preserve all healthy oak trees within the City unless. compelling reasons justify the removals. The Commission considers compelling reasons to be those described within the ordinance, such as hazardous conditions and the allowing for reasonable use of property. The reasons cited by the applicant satisfied neither of these. Allowing emotional impacts to be considered a compelling reason establishes a dangerous precedent. The Oak Tree Ordinance is used daily by City staff to discourage the removal of oak trees. Many applicants have re -designed or revaluated potential projects in an effort to. avoid oak tree removals. To allow this property owner the right to remove the oak tree for the cited reasons severely hinders the City's leverage in avoiding future oak tree removals through redesign or other alternatives. Additionally, this approval may open the "flood gates" for other persons to use similar reasons to remove their oak trees. Page 2 For the above reasons, the Commission is requesting the City Council to reconsider their decision on this permit. If you deem your decision final, please direct staff to include language within the resolution indicating that this action will not establish a precedent. Thank you for your consideration. Sincerely, Sack Woodrow Planning Commission Chairman JW:gea:640 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. 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. RESO NO. 92-191 Page 2 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 hearing of September 22,1992, 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). 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 by the City Council of the City of Santa Clarita, 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: RESO NO. 92-191 Page 3 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'j. 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 Kla)ic, 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 counciNes92191.gea