HomeMy WebLinkAbout1998-02-24 - AGENDA REPORTS - GATE KING PARTNERS (2)rx"te s '�
NEW BUSINESS
DATE: February 24, 1998
City Manager Approi
Item to be presented
Jeffrey Lambert
SUBJECT: GATE KING PARTNERS - REMOVAL OF 64 OAK TREES ON THE
WESTERLY SIDE OF SIERRA HIGHWAY, 750 FEET SOUTH OF
REMSEN STREET IN THE NEWHALL COMMUNITY OF THE CITY
DEPARTMENT: Planning and Building Services
RECOMMENDED ACTION
City Council by minute action, consider filing criminal action against the perpetrator by the
April 26, 1998 deadline or to pursue retribution through the current retroactive oak tree permit
now being considered by the Planning Commission.
On Saturday, April 26, 1997, the Los Angeles County Fire Department responded to a report
of downed power lines. Upon arriving at the site, the Fire Department notified the Los Angeles
County Sheriffs Department that the power lines were down as a result of an oak tree being cut
down on the property._ It was also noted by the Sheriffs Deputy that a number of oak trees had
been cut down within a canyon located on the property. The Deputy ordered the four men who
were cutting the trees to stop because they could not produce a valid oak tree permit. The owner
of the property states that these men were not given permission for any oak tree removals.
The following Monday a complaint was filed by the City Code Enforcement Division. The Code
Enforcement Officer contacted the property owner's representative. After meeting with the City
Attorney's office, the City was granted permission to inspect a portion of the project site. The
inspection was conducted on June 12, 1997 by representatives of the Planning and the Code
Enforcement Divisions as well as the City's Oak Tree Consultant. During the inspection, staff
noted that there were 64 oak tree stumps in the area where the power lines were down. The
Oak Tree Consultant estimated that 1,056 inches of diameter were removed. None of the trees
removed were in the Heritage category. These trees had been removed over a period of time.
After measuring the stumps and- extrapolating the growth patterns of standing trees, the
estimated ISA values of the removed trees was $2.294 million,
The applicant submitted a retroactive oak tree application on September 29, 1997. The
applicant subsequently submitted a mitigation plan on December 8, 1997 in lieu of paying the
ISA value of the removed trees.
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This request was scheduled for the February 3, 1998 Planning Commission. At that meeting,
the Commission heard testimony and directed staff to conduct an expanded investigation and
continued the item to the March 3, 1998 Planning Commission meeting. Staff continues to work
with the property owner to agree on the appropriate level of mitigation.
ANALYSIS
The goal of the City's Oak Tree Ordinance is to protect oak trees and to mitigate the loss of trees
which are removed. The Planning Commission is considering the retroactive oak tree permit
and is endeavoring to determine the appropriate mitigation required for the loss of the 64 trees.
Any action of the Planning Commission in this matter is appealable to the City Council.
Staff believes that the best way to get appropriate retribution is through the oak tree permit
and adequate mitigation. The Commission is considering mitigations including (1) requiring the
applicant to pay a fee, donate land or plant oak trees with the value of trees that were removed
based on the ISA values, currently estimated at $2,294,000, or (2) requiring the planting of trees
that may reach the dimension of the trees removed (1056 inches in diameter) within 3 to 5
years.
Given the nature of the tree loss, the goals of the oak tree ordinance, and the options available
to the Planning Commission and ultimately the City Council, staff believes the oak tree
mitigation process is appropriate. Staff does not currently recommend criminal action in this
matter.
ALTERNATIVE ACTIONS
No alternative actions have been identified by staff.
FISCAL IMPACT
No fiscal impacts are anticipated by the recommended action.
ATTACHMENTS:
Vicinity map of area where oak trees were removed
pbs\council\gateoaks jjl
MASTER CASE NUMBER 97-188
VICINITY MAP
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