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HomeMy WebLinkAboutItem 1 ~ Or ltV�N�� V� — __.r- ,1%°.77;'a‘ v�y REPORT G''2) 1 l V of�� STAFF Development Services Department DATE: July 29, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: APPEAL OF THE APPROVAL OF SINGLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 14-21 AND OAK TREE ENCROACHMENT PERMIT NO. THE 14-18 FOR A NEW RESIDENCE AT 1523 HIGHLAND OAKS DRIVE. Recommended Action: Find that this project qualifies as a Class 3 Categorical Exemption from CEQA, Deny the appeal, and Approve the Oak Tree Encroachment Permit. SUMMARY The subject applications were submitted by project designer, Mr. Robert Tong of Sanyao International, Inc., to build a new 6,222 square-foot, one-story, single-family residence at 1523 Highland Oaks Drive. The subject property is located outside of the Highlands Homeowners' Association. However, it is within a tract that has recorded Restrictions, Conditions, and Reservations for building plans to be approved by the other property owners within this tract. The applicant secured signatures from twelve of the thirteen owners of the properties within this tract, and the City approved Single- Family Architectural Design Review No. SFADR 14-21 on June 6, 2014. An appeal was filed by the Law Offices of April A. Verlato, representing Mr. Cletus and Mrs. Annette Verlato, residents at 1509 Highland Oaks Drive, to appeal the City's approval of the subject applications. It is recommended that the Planning Commission deny the appeal and uphold staff's approval of the subject applications. BACKGROUND The City is processing the architectural design review for the subject proposal because the subject property is not located in the Highlands Homeowners Association (HOA) area; it is one of the fourteen homes within Tract No. 15073 (1500-1538 Highland Oaks Drive), that does not belong to the Highlands HOA. The homes within this tract have a recorded Restrictions, Conditions, and Reservations (attached) that require building plans to be approved by the property owners within the tract. They state that "No buildings or other structure of any nature whatsoever shall be erected, maintained or permitted on any lot or portion thereof or the erection or construction thereof begun thereon, until complete plans and specifications therefor shall have first been approved in writing by the owners. All plans and specifications for any and all buildings, structures, walls, fences and alterations thereof or additions thereto, shall be subject to the approval of the owners..." Single-Family Architectural Design Review No. SFADR 14-21 and Oak Tree Encroachment Permit No. TRE 14-18 were initially submitted on February 11, 2014, and March 3, 2014, respectively. As part of the review process, the applicant met with the property owners within the tract and made revisions to the plans based on their comments. After he made the revisions, he was able to secure signatures of approval from twelve of the thirteen other property owners within this tract. On June 6, 2014, Planning Services approved the subject applications. An appeal letter was submitted on June 10, 2014 by the Law Offices of April A. Verlato, on behalf of Mr. Cletus and Mrs. Annette Verlato, residents at 1509 Highland Oaks Drive, two properties to the south of the subject site. The Planning Commission may approve, conditionally approve, or deny the appeal, and consider the oak tree encroachment permit. The Commission's decision may be appealed to the City Council. DISCUSSION The subject property is a 16,670 square-foot interior lot zoned R-1-12,500. An aerial photo of the area and photos of the subject property are attached. The subject property is currently improved with a 1,826 square-foot, one-story residence with a detached two-car garage. On May 21 , 2014, the applicant submitted revised plans for Single-Family Architectural Design Review No. SFADR 14-21 for a proposal to demolish the existing residence and build a new 6,222-square-foot, one-story, single-family residence with an attached two- car garage. The floor plan also includes four (4) bedrooms, four (4) full bathrooms, two (2) half bathrooms, a library, kitchen with a wok room, a dining room, wet bar, living room, family room, and a home theater. The architectural style is compatible to the existing Ranch style homes with a smooth concrete tile roof, simulated-wood horizontal siding, an off-white stucco base color, and stone veneer wainscoting, as shown on the attached plans. Staff finds the plans to be consistent with the R-1 Zoning Code and the City's Single- Family Residential Design Guidelines (Guidelines). A copy of the Guidelines is included with the agenda packet. The proposal is a single-story residence that will be visually harmonious with the surrounding homes in mass and scale. It is also compatible in its finishes and colors with the use of off-white horizontal siding on the front elevation. Appeal of Approval — SFADR 14-21 & TRE 14-18 1523 Highland Oaks Drive July 29, 2014 — page 2 of 6 APPELLANTS' COMMENTS The appeal letter submitted by the appellants' attorney states that the existing mature trees should be preserved, and that the proposal is not a single story development because of its oversized roof. Therefore, it is in violation of the recorded Restrictions, Conditions, and Reservations, which limits development to single story homes within this tract. In addition, the appellant contends that the majority approval is inadequate in carrying out the project; and that every property owner within the tract must approve the project in order to comply with the Restrictions, Conditions, and Reservations. The appellants will be satisfied with the plans if the proposed structure is reduced in height to not exceed 20', and if all mature trees are to remain in place. If the City decides to approve the project as is, their attorney will advise the appellants of their option to seek injunctive relief and enforce the Restrictions, Conditions, and Reservations through litigation. STAFF'S RESPONSE TO COMMENTS The Code allows for a maximum building height of 30 feet as measured from the average existing grade for the subject property. The proposed building height is 23 feet. The highest portion of the roof is a small portion of the building that measures approximately eight (8) feet along the ridge, which is approximately 37 feet from the front of the building, and 87'-3" from the from property line. Therefore, any visual impacts upon the neighboring properties and from the street would be minimal. The overall building height could be lowered by one or more of the following: (1) reducing the pitch of the roof, (2) clipping off the top of the roof, and/or (3) reducing the width of the building. However, staff finds the design of the proposed building to be balanced in proportions, and lowering the height of the building would not enhance the architectural design of the residence. The Guidelines state that "existing trees in good condition should be preserved whenever possible." However, with the exception of oak trees that are protected by Code, removal of trees would generally be allowed if they unreasonably interfere with the development of the property. The subject mature trees that the applicant is proposing to remove are near the center portion of the property, thus interfering with the buildable area of the lot, which is generally greater for a single-story development. Also because the subject trees are near the center portion of the property, their visual impacts from the street view is minimal, especially since the three (3) large mature oak trees in the front yard area are to be preserved. To mitigate the removed trees, the applicant is proposing to plant two (2) 48" box trees, and three (3) 36" box trees. The applicant is also proposing 68 screening shrubs to be planted along the side and rear perimeters of the subject property. The proposal will result in dense vegetation around the building to minimize its visual impacts. Appeal of Approval — SFADR 14-21 & THE 14-18 1523 Highland Oaks Drive July 29, 2014 —page 3 of 6 Oak Tree Encroachment The proposed development will encroach into the protected areas of four (4) oak trees, three (3) of which are located in the front yard area of the subject property and one (1) is located on the neighboring property that extends over the subject property. Certified Arborist, Mr. Michael Crane reviewed the subject proposal and prepared the attached Arborist Report for this project. Mr. Crane finds that with protective measures, the proposed development will not adversely affect the health of these four (4) oak trees. The recommended tree protection measures were included as a condition of approval. ENVIRONMENTAL DOCUMENT Pursuant to the provisions of the California Environmental Quality Act (CEQA) staff has determined that the development of a single-family residence is Categorically Exempt per Section 15303 (Class 3) of the CEQA Guidelines. If the Planning Commission is to consider approval of the design review, the Commission should find that this application qualifies for the Categorical Exemption. PUBLIC NOTICE/COMMENTS Public hearing notices of this appeal were mailed on July 18, 2014, to the owners of those properties within the required notification area and to the appellants — see the attached notification area map. Because this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), the notice was not published in a local newspaper. An opposition letter to the appeal was submitted by Mr. McCallum, resident at 1730 Alta Oaks Drive. A copy of the letter is attached. RECOMMENDATION It is recommended that the Planning Commission deny the appeal of the approval of SFADR 14-21 and TRE 14-18, and uphold staff's decision. The following conditions of approval are recommended: 1. The applicant shall follow all findings and recommendations as listed in the arborist report dated February 2014, and as amended on March 28, 2014. 2. The proposed project shall be developed and maintained in a manner that is consistent with the plans submitted and approved by SFADR 14-21 and TRE 14-18. 3. The applicant/property owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director and Development Services Director, or their respective designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. Appeal of Approval — SFADR 14-21 & THE 14-18 1523 Highland Oaks Drive July 29, 2014 — page 4 of 6 4. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 5. Approval of SFADR 14-21 & TRE 14-18 shall not take effect unless on or before 30 calendar days after Planning Commission approval of these applications, the property owner/applicant has executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval of Appeal and Denial of Design If the Planning Commission intends to approve the appeal and overturn staff's approval of the proposed design, the Commission should move to approve the appeal and deny Single-Family Architectural Design Review No. SFADR 14-21 and Oak Tree Encroachment Permit No. TRE 14-18, and state why the proposed design is not consistent with the City's design guidelines, and/or that the Oak Tree Encroachments are not acceptable. Denial of Appeal and Approval of Design If the Planning Commission intends to deny the appeal and uphold staff's approval of the design, the Commission should find that the subject application is Categorically Exempt from the California Environmental Quality Act (CEQA), state why the proposed design is consistent with the City's design guidelines, and move to deny the appeal and approve Single-Family Architectural Design Review No. SFADR 14-21 and Oak Tree Encroachment Permit No. TRE 14-18, subject to the conditions set forth in this report, or as modified by the Commission. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the July 29, 2014 public hearing, please contact Associate Planner, Thomas Li by calling (626) 574-5447, or send an email to tlici.arcadia.ca.us. Appeal of Approval — SFADR 14-21 & TRE 14-18 1523 Highland Oaks Drive July 29, 2014 — page 5 of 6 Approved by: Jim Kas-''a Corn Pity Development Administrator Attachments: Aerial Photo of the Area Photos of the Subject Property Proposed Plans Appeal Letter Restrictions, Conditions, and Reservations Arborist Report Notification Area Map Letter from Mr. McCallum One copy of the City's Single-Family Residential Design Guidelines is included separately in the July 29, 2014 Planning Commission agenda packet. Appeal of Approval — SFADR 14-21 & THE 14-18 1523 Highland Oaks Drive July 29, 2014 — page 6 of 6 i',.;:/LI tiresEt I]f Site Address: 1523 HIGHLAND OAKS DR Property Owner(s): SGV Property Fund, LLC 1 4 ' ,,,.', ' 1,4T,''%31ilt 1 1: , mil..,. 4 ,41100,e Ai c d a i OP' ,Kfr i:, r 4 ,, fr 13 , , . 4„, .41004000 Vii: Oft ,Vt-,3s" ""40,1 FSm!kn' _.. .- . Selected parcel highlighted 0 Property Characteristics Zoning: R-1 (12,500) i. 11.110 ■un rte.; .,,• mA,�wY�ii 101111111 111+ -i,ice ail &A .74/1 att . General Plan: VLDR a��= El:R 'ow rip , 16 670 !,1...;,���= 2� aw�+.►�.'s�, a Lot Area (sq ft): a>1 �`i �� ...,.at%S'; 4 Main Structure / Unit(sq.ft.): 1,826 I\\ T um ' �. � a Year Built: 1955 I=_ �.. y#MI arum .. �� Number of Units: 0 ■ ran ._..*1r� Overlays „"'�'��' =�Wili� �_ ir Parkin Overlay: n/a '``1111 NINE0 � w'a1�i. 1 9 Y isr II �t�lih n/a •11111,1` ='M114,� tar; Downtown Overlay: / IMO_ �� 1 u 1. M Special Height Overlay: n/a ��r/1j ENE■ALI 1 h ;lei 19gU Architectural Design Overlay: D Parcel location within City of Arcadia„ This map is a user generated static output from an Internet mapping site and is for Report generated 22-Jul-2014 reference only. 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N –.;14,..„– 'I �J4111- 13191 '�1 'd Z //� , ., w Ili egi E. V , /3,.1''''‘''''.. �i 15.51 i ! N . -,t21 '\--- ,\.:,7,,,,\ ! 2 \), ' , -74 e- -4 it IV t; „0„ \,___, __..i 3b:9:/ a S \ s I ::: @ I\ s , :,_\,,,---t-1----L—r ,', ..,,',,..'- 1,9 • 7,1': i 0 is '–0 4,,-.., , 7 : iir 15 I. €FB : 1 _s a 1V1 . A fi 1 7 ! > 0 / r--/-1' 'r s .g t'-' a t ter 6,9 Il��_! r4r 1 e'I / *p i o _3 a w -I — -110 0 10 k EkWiffEtlZ_eieli I-q0N_.�Il e Via. = - Ij i1 I].• fig/ , „,,. © 1 1E (\ i V3 © 0 c 6 I1? • LAW OFFICES OF APRIL A. VERLATO APRIL A. VERLATO 33 EAST HUNTINGTON DRIVE MAILING ADDRESS ARCADIA, CALIFORNIA 91006 POST OFFICE BOX 660309 (626) 445-2411 ARCADIA, CALIFORNIA 91066-0309 FAX (626) 445-8501 June 10, 2014 RECEIVED City of Arcadia JUN 1'042014 240 W. Huntington Drive Arcadia, CA 91006 Planning Services APPLICATION FOR APPEAL City of Arcadia RE: Single-Family Design Review No. SFADR 14-21 1523 Highland Oaks Drive Applicant : Cletus and Annette Verlato Gentlepersons, This letter shall serve as an appeal on the Development Services Department' s approval of the revised design concept plans submitted by Sanyao International Inc . for the above mentioned project located at 1523 Highland Oaks Drive . In a search for harmony, the Highlands of Arcadia was developed in the fifties and sixties in the foothills of the San Gabriel mountains . The country feel that residents love comes from having a wide variety of mature trees and a cohesive plan of development with attention to preserving views . Natural amenities such as views and trees should be preserved and incorporated into development proposals . (citation) Careless removal of mature trees shows little regard for the natural elements of the area which in i:urn degrades the neighborhood charm. The proposed project not only requires removal of trees, it also includes an insensitive treatment of scale which prevents it from fitting in with the established homes on Highland Oaks . The front facing garages and oversized roof dominate the front view of the home and is inconsistent with the original development . This project is located within Tract No. 15073 and the revisions of 1523 Highland Oaks are still in violation of the recorded Restrictions, Conditions, and Reservations within the tract . Based on the recordings, Tract No. 15073 is required to be limited to single family, one story homes . (citation) The oversized roof is equivalent to a two story house . Two master bedrooms and two kitchens clearly indicate that the proposed home is suitable for dual family living, each family with its own master suite and kitchen. Also, please be advised that as stated in your decision "a majority of the property owners have approved the subject proposal" does not mean that an approval can be granted. Specific restrictions are not by majority vote and it only takes one homeowner to enforce . There will be no contentions to your approval if Sanyao is willing to set the structure at 20' high and leave all mature trees in place . Please request Sanyao to submit a new design concept plan or I will advise my clients of their option to seek injunctive relief and enforce the CC&R' s through litigation. Very truly yours, LAW OFFICES OF APRIL A. VERLATO ) . j A , IL A. / 4/7.4ik:VERLATO, ESQ. AAV:cl ftl > MOIMATION OF NSTArsl lENT OF MO" 'MOW, k r :ANDITTONS fd RESERVATIONS 01 Ttk01 ,. 1,5073 w BY PA: Andreir H. Neubauer and Pe OWN a ,{' gam' Beth Neubauer Z�.x *It1 +1T�I, ?.�! BY VH1S.S� KNOW PRESENTS. t that Andre�r H. Neubauer �- oft` and Peg�Y Beth 4t 4 '. Neubauer, his wife, hereinafter referred to as Owners of the real property'` ' �" ; c�ituated in the Gi{;y of Arcadia, ` '_' r-�� , Coutri;y`of Los 9ngeles, State of California ' art ,. f described as follows: ; N{ 'ots 1 to 13, both inclusive, of Tract No. i. rerorded 3,n.Boole- � 1' 73, as per map ,far pages ��"- 3e, of maps, in the ofi3 ce ,C, of the County Recorder of Ins Angeles. County. 1 . ; iI Y CERTIFY AND X)LCIAR.i3, that they have established and do hereby 4::!:-.4e �3. establish their general plan for the protection, maintenance, development, a& ; X and improvement of said Tract 1$0 73 designed for the mutual benefit of each if 11 4��� and every lot in said tra �e�s f xg ct, and have fixed and do hereby fix the protective . provisions covenants, , p nt , enanta conditions restrictions and reservations upon and s} , s ' subject to which al] lots, percale and portions of said tract shall be 4: ;�. improved, hold, leased, sold or conveyed by the ov.•ners, their ouccuaaors '% ' and assigns as ouch owner, each and all of which is and are for the al 4 k,-,lautuul. 9 benefit of the lots 4 ,1�r" in said tract, and of each �"` owner thereof, and shall run =>�+ , ts::th the land and sad shall apply to and bind the owners of each and every lot `1A7 ri in said tract, their heirs, executors, administ r e G � > ± tors, devisees, lessees, { tenants, successors and assigns, �r c gns, and all other persons acquiring any interest '4;,:,.. " in said land and each and every lot thereof, either by operation of law, or in ''$1� I il ` manner whatsoever and are and each thereof is im osed ` r P gupon said trac3. as j1 i4` a mutual equitable servitude in favor of each and every lot therein as the 11 daninarxt tenement or tenements. That all of the covenants, conditions and �- ;1 IfP restrictions herein contained shall operate as and be considered and construed ,1 cif' wry c as conditions subsequent. That said covenants, conditions, restrictions and reservations are as follows: rf' =''c' ',. ��FI. el1. That each and every lot in said tract shall be used for private }�-' ,t2 residence purposes only, and no building or structure shall be constructed or 1fi s ji4. ``. - maintained on any lot in said tract other than aye private one-family residence 1: f including appurtenant private garage, servants$ quarters, and other outbuildings; !?'•_- and no structure shall be moved from any other glace onto , any lot or portion ; .� thereof. No temporary dwellisa , �`: �' b, garage, oervant:, quarters or outbuildings shall r . A ye t S he erected on any portion , . r,"�r� 9 lot or onion thereof nor shall a structure bo created or .,AP �1 kx `yI �n,y, .1t ' .,a1! P�d r j ''.44 r :t". allowed on an, .. t or portion thereof which is not aesigned, built, maintained b' , t4 ,' 7 y itl �f and used exclusively for private residential purposes or far making said premises t` itt�. po Pik`y +{j 1P, more convenient for residence thereon. When the construction of any residence r Ili A�' or structure is once begun, work thereon must be prosecuted diligently and it must be completed within a:`reasonable tine. That no building designed for dwell— i',:ku1. 1 .;r.,, ing purposes, shall in any manner be occupied for living purposes until fully completed in accordance with the plane and specifications therefor approved by •s` '''Oil•. A�" the =era hereinafter referred to No shack, tent or trailer shall, at any time i .- ` be used on said premises ae a residence either to poral1;y or permanently. d , 2. No well for the production of, or from which there is produced oil, i gas or Astor steal]. be drilled, dug or operated on any lot or portion thereof, x nor shell any fikrelit Ky'�" �y appliance or structure be placed, operated or maintained 1 thereon, except no may be uautil and oudtomary in connootion with the tnait''�tsnanoe 14i �or i fah or a private residence• nor shall poultry, .Livestock dog, cat or animal (i ' _; p any P r3'� t3, fit` i,,4, raising or ca re, of a commercial nature, be permitted; nor shall any excavation � ��/415,'!/S��. for stone., sand, gravel or earth be made on any lot or portion thereof, unless " such excavation is necessary in connection with the erection of an approved r Y' ntruotu 'o thereon. No rubbish or debris of any kird or character shall nvnr iif t r•5; be placed or permitted to accumulate upon any lot or portion thereof so as to } yin l At '''- render the premises unsanitary, unsightly, offensive, or detrimental to any ," ` { " "` other lot or lots in said tract, or to the occupants thereof. f T� 3. No building° or other structure of any nature whatsoever shall be '' i „ ' erected, maintained or permitted on any lot or portion thereof or the erection ;, {'" or construction 'hereof be ,, gurt thereon, until complete plane and rtpecitications c ';: ��nY :.ii +�"d•r�:, ;- therefor shell have first been approved in writing by the owners. All plans and g; .. specificdtiona for any and all buil�;ingo, structures, walls, f encos and any j ; .. alterations thereof or additions thereto shall be subject to the tip oval of ` r'`it ��; ti lir the owners, and all such plans and specifications shall show in detail the tr , y ru D .- re,> natu kind, shape, height, material, color scheme and elevation of any such PP structure, and shall likewise shown in detail the lot of building site plan A il,i,1� indicating the location of such building 't ' ,,�W,tt� .►.� ng or structure, and all outbui_cll.rias on , .. `- l r, any building site and when specifically requested the grading plan of the building 1 .11 , )1f.4( site to bo buil#. a;ion; said panne and specifications shall in ov'�ry '•u;+a hw `�' � �' �'1 ,,: M uu►,'ij,lrtq kW Mai led, ;►ltcl no dlur�tabur+s of any kind, tdctt plane, ulovac.inr, ,�ati r' 1. t •lir• apeci_iaationa SsEiich have pat received the writte, ..'r ppraval of the said ormc�rs and whi ch des not f `�?;3' comply with sueh approved plans, elevations specifications and which is not located �' xa and 4 1 t`�E on the building site upon which . r r 17.4/1! �0 ��'' , the same is to be erected according to said sp s q P and eci.fications shall be EE` . erected, maintained or permitted on atr lot or portion thereof. One set of any t s such plans and specifications shall be retained .: ,: by the owners. The decision Y° of said owners on any plan so submitted shall be final, and the f,R . . owners Shall. It ,I,. render a decision in writing within a maximum of ten (10) days after such plans lip'` ry t -vA r„ ,,, ,,,..., . and specifications have been submitted to them, and in the event they shall fail ' to render a-c.ecie either of approval or disapproval within k1 r3a4; V period of ten (10) days, then and in that event the Q �. •. ,k! approval of the owners ' s ON hall not be required, provided, however, that all other provisions required � f 11i �� ��01 ” litli' herein are :complied with, the authority of the owners shall cease and terminate ' as to the particular set of plans and specifications upon which they fail to a render a decision in said maximum period • i( p riod of ten (10) days. The assets shall. ':e. 4.11 If iti not be responsible for " any structural defects in said plans and/or specifications, tt t.41 ` nor in any building or structure erected according to s nB such puns and/or specifications. {,. `s' 4. In the event and whenever owners or their successors or assigns r ` ;t ,. desire to be relieved of the res ensibili of maintaining P t3' such architectural >w:t 41 approval/ they may do so •,7%, , by filing in the office of the County Recrnder of l,;,► Los Angeles County the notice to that effect, and thereof ter the right of t; F appointing and repo • 4 ving members of a 3 person committee shall be vnbzed in the i:�,a� persons owning lots in said tract, who may at by majority of such lot owners i� wn , ; ; ;'' 1 either at a meeting of such lot owners or in writing without a meeting. The '41:• 4' ' owners shall cease to function or have any power or authority at such time as IT h r 1 s Committee shall have been elected or appointed by a majority of the lot owners in said tract, and the said Committee when appointed by a majority of the let V c"' 'r, ' owners in said tract shall succeed to all of the powers as Declaration. P Provided in this 1:' '! 5. That no dwelling r' r ]listg houee shall be erected or maintained upon. any lot r, or portion thereof which shall have a ground floor area (exclusive of porches, pi: A' C. , patios, basements, cellars and any garages incorporated in and forming a part w s;,, r, of the house) of less than w',t L�00 square feet; and all on one ground floor only. �:*� i Furthermore, unless otherwise specifically approved by owners provided for haeoln '; • all garages shall be incorporated as an integral part of the main etructura and 't. `,■ phyaical]y attached thereto by structural members. r'U;+ "y ' b. Thai residence on '�` 4 �;, `e: my lot or portion the •, or any part of any ?#Z; ui�g�. i. 'rite;..._- ti_ 5 residence, or any other building or structure (exclusive of walls and fences) . litif :� u i''' shall be placed nearer to the front line, measured at the closest point to said '� 2- s , #1. line, of the building site, than th9xt�—five (35) feet for lots in said tract, rr''. except lot No. 1, mbich can be WI fe t.e d further, that no residence or any ,f ti 'a part of any residence (exc tiding porte cochere or portico) shall be placed nearer ' �t,y l .: 14 than six (6) feet to the aide line of the beilriing site. ,�^ ''‘IP r4: IT 7f 1"- -Shy UNDIRS+OQD, however, that any save, or roof overhang, or chimney, `; , is i I extending beyond the wall of each building or residence thirty (30) inches, or 1 r r ' less, shall, not be considered a violation of these restrictions. No native i i 4 tree later than six inches in diameter shall be cut dorm or killed or removed ti t *it yin any saner Whatsoever, without first securing the written permission of the Itl a�� `', owners, their eucceasore, or their duly authorized agent. No hogs, sheep, bee WI 1 �: } • �. - b.`.ves, goats, Cows, horses or mules will. be permitted on any lot. No poultry T'•' � r�'Ki shall be permitted or maintained on tiny lot in excess of ten(l0) in number, ,�y f�'', nor shall rabbits be permitted or maintained on said property excess of t'J t four (!t) in number, nor shawl any crowing roosters be permitted or maintained on it any lot, without first securing the written approval of the owners. ';o,�' Fi . X5''4 /11,t. 7. All bathroom, toilet and sink conveniences shall be placed inside ` ' L..2 , the residence or building and shall be connected by underground pipes with the sewer. { tfr. f, ' rt ' d'. , f '` 6. All walls, and fences shall be raairatained in good condition and be � ''f L F '�iPl� � •s + painted, if of wood or iron. They shall not exceed three (3) feet in height in .R = i 1 e�" front of the residence building line; nor shall they exceed six (6) feet in height : q .� on the side-lineu of arty lot or the rear of the front residence building line. `ar r1; `,;' , No hedge shall be -panted or maintained in front of any residence on any lot at w � i 11 y 1 _ .' -' y { a greater height than three (3) root from the ground, nor shall any hedge exceed `,��� �t;r.^I six (d) feet in height on the side—lines of any lot or to the rear of the front N t i;si . 1 (,,' r�r residence building line. 4 FO. ■ �. 9. No sign of any character shall be placed or maintained on any lot prior "°'j ;1hl• .'r to the creation of a residence thereon and no sign of any character other than .1 ieh x154. 's,,` , sip' ono ordinary "For Sale", "For Rent" or "Open for Inspection" si shall be placed o ! 1 i, „tf;.4 Ian; or maintained on any lot after the erection of a residence thereon without the ri&. Iii):. 5 I " ':r! I prior written consent or ownore, their auaoeneors or aneigne or duly authorized �. lip'.. ' C agent) stet in the nvont any sigh or signs nhail be placed or maintained upon sal d tt ;, i promises in violation of these restrictions, owners or their eudoesaors or assigns ' 0, ':. or du authorized n eni, nnay ar�i is hereby authorized to enter upon said premises i i!,%`' ' s and to remove � and all such inauthorizett signs. J ! �"x-34 �...a. �........,. t.�,.,, w...-....... .;Mw.Y. •.w...e.�v.w..�rn........-.., n..r i.'1['. `� �`�:��� l00 ..., Trade bus -.�,A �. 2 f a jaees or profession of a soy' Ft,..2 :. of sort shall ba carried on �'� ; 3` fttier directly or indirectly, upon t 9K. 1,' u", uP asy lot or portion thetas;" in said treat, :.zu tr ��YVert�, nor shall any lot or � � l,rt� portion thereof be ' rk•rr.�k� used Sot the purpose dz ve �; intoxicating '+ `� i,°le'. _.i gaors .for drinking ;4 purposes. ° ter ' t ., >•' 3.1. A breach of any of the . ' , ` ;-a covenants, conditional or restrictions ' Y 1j1}i; :,,! , contained in Paragraphs 1 to : ;3. 10 inclusive < F iF;.a..l f , shall cause the title to said ° promisee to revert to owners, their successors or assigns, V,,.a.i kl each Of whom '� ?,,'I Late respectively Obeli have the right in the event of such a � p .,;� breach, immediately �- 3w,,,, ,�,.� or at any time during the cent , r� �� ,� ) re-enter and take X continuance o! each breach, to re-s t; �tF� �� Tt.==∎: l'_:ti possession of the real i, 3' , property described herein and remove �t; '��� all persons there- Ti 3 ;r from, provided, however that a breach of � ' ,I` Ya r. ' any of the foregoing cov ; 's anantn, Ti',p 0,5*, conditions or restrictions, or re-en `r !jir ',iq , rte,r b3' reason of such breach, shall not ` defeat ar render invalid the li tt P .Fail. srt of SLY mortgage gage or deed oft LL rust made in „',� W� ��,t' 'I.rt�l �r ,,'.4V:�'s good fait,h and for value as to eoid real property or p P ' Pert thereof, but ' r 4 k4'a # add covenants, condl tiontr and rentrict{ens shall a 1 + �' L] be bindle upon u►v� _ *� B P effective tf1 41C 1_ against any coast of said real property ' ` Y whose title thereto is acquirrxi by 'a c*. foreclosure F.:''.:? ,� , trustee sale or otherwise. Aa to the owner or` owners of arty ', . : . � other lot or Lots in said tract, the foregoing co ttil • f'x .:(4:,� I !� ng vtlnarrts, cotuiitone,rusfriW one and provisions shall operate as covenants running with the land fi s and the breach , � of arty o3�e or more thereoS ` `1 ; , , or thi' coati ttueiaee any breach the o Of roof, taay b3 ;-i enjoined, abated i qr remedied by aPproPMata proceedings by owners or theft , successors or assigns orb �; y such vtmer, their heirs, devisees, executors r; z nia�stratOree successors or assi®s, but by no other person. ' ` F ? Ia ` 12. That all of the Corms, cnndltj nnu,rdotriot;i star A i"'‘11� nd covnsento tu�L r�►forth i±� this Declaration arfl ,lI :: imposed upon said property for ta.. ' Y hD diritot g'_' benefit thereof end of the o�vuere within os>l.d tract as a �, part r�. development, improvement, occupation ' I r 'K p and created hereby; f `'to inifr T and said eovcnante, conditions and restrictions shall run with the land and ;: continue and be i n full force and effect until Janus 1 1 �:+1 T 1'Y a 9y0 and shall, to l,.f, ,a, than in force, bu ouutinuod automatically ►.� �.Y turd with further notice from that tLi:1 1 tip for a period or tweet (20) r�1 y ( ) years and thereafter for succegsiv►� periods ' ,;. Iti;' , u!' treaty (a ) years each wi Cheat limitation u rr in �' qr •'7 R nl do with/Dix q'` , six (b) .wonti�o pr3oi. f�.r;,�1,O +1�lntarp 1 1. ��', 99o, or riithin the nix (b) months prior to tlin expiration of # Iwo ' 1:f 1 t. t r VI 1'104011' i.-.11% .Yno iinvi I I,Iirit, iii`tar, 4 ',maw n1; tomont c'T;riuttLrtd ' `+ii" 411: !,Y the i',Iitm rimed n!d crYit n of More than drtel-halt or th' lets in said teect ;.hen F'� ` a 2. s Jy .y.1.... ..w.....•... ...- .... .vi.•u:.ti..w.iH�{n.r✓ ...4,!.M✓+✓i.l:..yi.h....r.. "r nWar:.✓.11�ly,.y'.l"wi t .r i-.:/,+-a.r'iu•I:l.i:.. ✓., ..... .w ...wr....r«r..Y.0 e. r, ��il subject hers:t, ,e placed oa. record in the office of tiae County Recorder of r i14 . Los count the tertrss of which eerent a a b y, by agr any _'"�" conditions, restrictions or covenants are ch ed modified or e.:ti n!ished }�� *ON 141 .51 in whole or in part as to all or any part of the property. In the event that any . iel Pig 0 such written agreement of change or .modification be duly executed and recorded, :04.1..;?, !nnr-::: 104 the original terms, condttionn, restrictions and covenants as therein modified •.,Q 13 it,' shall continue in force for successive periods of twenty (20) years unless and T' SJ t;' Al aFS i until further changed, modified or extinguished in the manner herein provided. rfp-" 73. That dpmAges are declared not to be compensation for any breach of �`, yit " ,;..fit d : i . 11.0' the provisions of this Declaration, the owners contemplating the enforcement rid rr of such covenants, conditions and restrictions as part of the general plan of C, N� Mew improvement, and not damages for the breach of such restrictions,and conditions. � ,' ,� 14. If at anytime any of said Paragraphs Rti ber'i'1 to 12 inclusive, or "# any part thereof, shall be ad edged or bald to be illegal or invalid, such i �� 44' illegality or invalidity shall in no wise affect or render illegal or invalid .l,. of the other terms, conditions covenants and• restrictions of said ara <:.. � or of any other paragraph or part thereof, but each and all of said other terms x' s fi yi/"� � condi►tions, covenants and restrictions, notwithstanding said illegality or { invalidity, shall be and remain in Bull force and effect. 0;t iii 15. A perpetual easement is hereby reserved by owners, their successors t fl and assigns, in, under and over the rear six (6) feet of the real property t ,.t�rt '„A described herein and each and every lot within Tract No. 15073 for the construction Jr oh: maintenance and operation thereon or therein of gas and water and for conduits ►, and wires for electric.lighting.and power, and for telephone and telegraph lk, service, and owners and their sedeeesore and assigns do hereby expressly reserve ++' 11' the right to grant perpetual easements for the aforesaid purposes to any and al.1 , necessary and appropriate public utility companies rendering the aforesaid ..� i' services. E 1 , it f STATE OF C 3• ORNIA ) '' w COUNTY OF LOS ANGEIES) OD t." On November 1950, before me the undersigned a Notary Public ��b '�'" in and for said Coen y a State, personal a geared Andrew H, Neubauer +r` ''`. i( !t. and Peggy Beth Neubauer, known to ma to be the pardons shone oases are ,� subscribed to the within instrument and acknowledged that they executed r 'f the same. Witness any hard:and ofAcieil seal. 0 r Wotary% Pu C c . ii ui or a' LuuuiTy 1;AI �jttt.3.1l. „..,,, i iiiir aft iiji I 7 �._ 1. ........... , . aoideitioe40.., .• .. 4 . . . . • t .- ` � ;I • 1 • . ge- g i So i 0 8 j 1 i L A • .1 mit . -91 Le 12 •• • . ..• , ) . . co ..... IrIt* it....., (..., • 3. . cri c ez • _ • . i il I „.. • • • • . .: • . . • • . 6 i , . f 4,C.,...iii '''02 j ..,C,.....7 - � .y�r. :h N 1 .. may. ...� ..cuy.... •�'.��.�r. •.. . • Mi' Protected Tree Report: Tree Survey, Encroachment, Protection and Mitigation 1523 Highland Oaks Drive Arcadia, CA 91006 Prepared For: Mr. Robert Tong Sanyao International, Inc. 255 E. Santa Clara Street, #200 Arcadia CA 91006 Tel: (626) 446-8048 Fax: (626) 446-7090 Email: Sanyao888 @aol.com Prepared By: Michael Crane Arbor Care, Inc. P.O. Box 51122 Pasadena, CA 91115 Tel: (626) 737-4007 Fax: (626) 737-4007 Email: info @arborcareinc.net February 2014 Table of Contents Summary of Data 1 Background and Purpose of Report 1 Project Location, Description& Tree Ordinance 2 Observations&Analysis 4 Tree Characteristics& Health Matrix 5 Construction Impact Matrix 6 Findings 7 Further Recommendations. . 7 Appendix A-Photos 8 Appendix B -Protected Tree Construction Impact Guidelines 12 Author's Certifications 1 g Certification of Performance 19 Topographic Site Plan Pocket at back Table of Contents Summary of Data 1 Background and Purpose of Report 1 Project Location, Description& Tree Ordinance 2 Observations&Analysis 4 Tree Characteristics&Health Matrix 5 Construction Impact Matrix 6 Findings 7 Further Recommendations. . 7 Appendix A-Photos 8 Appendix B -Protected Tree Construction Impact Guidelines 12 Author's Certifications 18 Certification of Performance 19 Topographic Site Plan Pocket at back Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 SUMMARY OF DATA Total number of live Protected Trees on property including street trees located in the adjacent public right-of-way area 3 Total number of off-site Protected Trees with canopies(driplines) encroaching onto the property 1 Total number of dead or nearly dead Protected Trees on site 0 Total number of live Protected Trees to be preserved 3 Total number of live Protected Trees to be removed 0 Total number of Protected Trees to be relocated to on-site locations 0 Total number of Protected Trees to be impacted by construction within dripline(encroached) 3 Total number of live Protected Trees with no dripline encroachments 0 Total number of proposed mitigation trees to be planted on site 0 BACKGROUND & PURPOSE I was retained by the Project Manager, Mr. Robert Tong of Sanyao International, Inc.to be the consulting arborist for the planned redevelopment of the property located at 1523 Highland Oaks Dr.,Arcadia. There are Protected Trees located on the property, and encroaching over the property from off-site. The proposed construction may impact these trees and this report will serve to both notify the City of Arcadia Planning Division of the extent of the potential impacts as well as to inform the builder of the proper protection measures which must be taken in order to preserve the trees. As part of my preparation for this report I made a site visit to the property on February 7, 2014. I met with Mr. Tong at that time to view and discuss the proposed construction plans as they relate to the preservation of the Protected Trees. 1 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 PROJECT LOCATION, DESCRIPTION & TREE ORDINANCE I 0 siscsoore silo LO Y_ r m ti h z CP 1 Orange Greve Ave , X1 a -2. r i Q 4As > P 11/41n <it 'W e1are Ave 3� z /1 k t, r.... .,?, . c ESycar.O''Ave C > �1 `Yt;a�ya c. .: r VV Foothill Blvd E Foothit B ,ra N 4 aisel Ave 'N Floral Ave F>-,R,;AAA! The property is four blocks north of E. Foothill Blvd., one half block south of Virginia Dr. Above map courtesy of Mapquest.com. The property consists of a one story single-family residence that appears to be in fair condition. The home will be demolished and the property redeveloped into a two story single family home. The landscape is maintained and is in good condition. The trees on the property, including the Protected Trees appear to be in fair health and structural conditions. The landscape will remain very similar to the existing design,with some cultural improvements that will benefit the health of the Protected Oak Trees. 2 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 4. Su ,, "„., , 4 1. .„ 4 _,..., .:. t Y 4 N 1 l ” ,s !�, xW titt r. , ' e : s,k r ,„ i V., 3 , � , ,,, _ , p A ,Aistri - ' ) 'fAterti,,'.. .., fi„_ ' ._. _. t a 1 n t f" This aerial view (courtesy of Google Maps) has been illustrated to show the approximate boundary lines (orange). The locations of the Protected Trees are numbered in yellow. City of Arcadia Tree Ordinance On January 21, 1992 the City Council adopted Ordinance No. 1962 recognizing oak trees as significant aesthetic and ecological resources and establishing criteria for the preservation of oak trees. The regulations (Chapter 7 of the Arcadia Municipal Code)provide that the following oak trees shall not be removed, relocated, damaged, or have their protected zones encroached upon unless an Oak Tree Permit is granted: • Engelmann Oaks(Quercus engelmannii) or Coast Live Oak, California Live Oak (Quercus agrifolia)which have a trunk diameter larger than four(4)inches measured at a point four and one half(4 1/2) feet above the crown root, or, two (2)or more trunks measuring three (3) inches each or greater in diameter, measured at a point four and one half(4 %2)feet above the crown root. • Any other living oak tree with a trunk diameter larger than twelve (12)inches measured at a point four and one half(41/2) feet above the crown root, or,two (2) or more trunks measuring ten(10) inches each or greater in diameter measured at a point four and one half(4 'A)feet above the crown root. 3 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 FIELD OBSERVATIONS & DESIGN ANALYSIS Refer to Site Plan located in pocket at back of this report,Tree Characteristics and Health Matrix on page 5,Construction Impacts Matrix on page 6 and Photos in Appendix A,page 8. The Protected Trees on site are in good health and condition. They differ greatly in age. The street tree is very young and the oak tree in the front yard area is mature. No close-up inspection was done on the offsite tree,but it appears to be in good condition judging by its crown. Tree#1—44" coast live oak: This tree is located in the front yard area near the street. It forms a codominant canopy with Tree#2. The existing landscape under the dripline consists mostly of river rock,leaf litter and some herbaceous perennials; with turf near the edge. The landscape will remain mostly unchanged. An existing wrought iron property line fence that runs under the dripline will remain. No pruning of the live crown is required to complete the project. Tree#2—60" coast live oak: This tree is located in the front yard,near the existing home. It forms a codominant canopy with Tree#1. The existing landscape under the dripline consists mostly of river rock, leaf litter and some herbaceous perennials;with turf near the edge. The landscape will remain mostly unchanged. The foundation of the new home encroaches the dripline;however the new foundation will be built in the footprint of the existing one. An existing wrought iron property line fence that runs under the dripline will remain. Some light crown reduction type pruning is required to accommodate the new second story roofline. Tree#3—30" coast live oak: This tree is located in the front yard area, on the opposite side of Trees#1 and#2. A portion of the existing driveway is located within the dripline. The driveway will be replaced and the new one will be built within the footprint of the existing one. The existing landscape near the tree consists of drought tolerant evergreen shrubs and mulch. The new landscape will remain very similar. No pruning of the live crown is required to complete the project. Tree#4—20" coast live oak: This tree is located off-site on the neighboring property to the north. A portion of the dripline extends 15 feet over the northwest corner of the property in the back yard area. An existing wooden property line fence that runs under the dripline will remain. A pool will encroach the edge of the dripline,however, a concrete sports court exists in this area. 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Z 2" H b .::-., 0 '7'.-, O (HEM)Ila.LMAIVIG NNf12I L 0 0 lii -4 O O O O N U 'in W W W W v) .5 0 cd 0 NNE aaaa "4 -83-11 cn v HJAl N T 31I1 ,-. M 0 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 FINDINGS As with many construction projects, soil compaction is the most preventable impact that will need to be monitored in order to provide reliable protection and long-term preservation of the trees. To prevent unnecessary soil compaction a protective fence must be installed around the Protected Trees before any demolition occurs. The goal is to enclose the largest possible amount of space underneath the tree so that the heavy equipment required for demolition and construction can be routed away from root zones. The recommended fence placements are drawn in dashed lines on the Site Plan of this report. The main haul route for the demolition phase and into most of the construction phase shall be the existing driveway. The removal of the hardscape and existing vegetation near the Protected Trees shall be done by hand. No rototilling or other deep cultivation or grading shall occur within the driplines. The existing driveway surface located within the dripline of Tree#3 shall remain in place up until the time that the new driveway is built. The existing pavement will function as a protection against unnecessary soil compaction from vehicle and equipment traffic. Refer to the Construction Impact Guidelines in Appendix B for important general preservation measures concerning the different elements of this project. FURTHER RECOMMENDATIONS • Prior to demolition the contractor and consulting arborist shall meet on site to make sure fences are properly placed and installed and to review the goals for the tree protection plan. The location of the protective fences are drawn with a dashed line on the Site Plan included in this report. • Tree Protection Zone fences shall be at least four feet tall and constructed of chain link fencing secured on metal posts. • The fenced protection zones may be altered during construction; however, any alterations of the fenced protection zones must be approved by the arborist of record. • Maintain the fences throughout the completion of the project. No staging of materials or equipment or washing-out is to occur within the fenced protected zones. • If any injury whatsoever should occur to any Protected or preserved tree, call the consulting arborist immediately. Timeliness is critical to being able to provide the best mitigation treatment for injuries. 7 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 APPENDIX A—Photos 1. 4.. t .fir ___..._... .. F-, w_ ...e "'M-'4..n. U ABOVE: The canopy of Trees #1-#3 taken facing north from Highland Oaks Dr. BELOW: The driveway near Tree #3 will be replaced in its same footprint. a" • 4. 4 .4 3 , , . . ,..1..''t'^ • t .. ;i $ r, , rJ. ' f i 8 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 w 1 s r f .4 1' , ,S a k 4. a i 1j ea v" .: . a e ABOVE: Trees #1 and#2 looking north. The landscape underneath them will remain very similar. BELOW: The setback of the new home is equal to the existing one. The foundation will be in the footprint of the existing one and very slight reduction type pruning will be required to accommodate the roofline. • 1. v. . ., f ; - I 1 2 ,. ii rj 1`4 fief i_ ± i1 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 ,i '• - ` 35 CJ" •�{ . 1F,t s.a .: !it _-_� % -: .. .H .**.i2„,...01.� + vA' A ` f• s! „rit, .A-T.+,f - w ^4. ♦ a W ABOVE: Looking northwest at Tree #4. It is located off-site. BELOW: The existing wood property line fence under the tree will remain. t:' *;.,.. .. " A yl ' c tw Y sc: � �+ J 1 \, ,,,,,A 1 T". / " 10 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 • t .t a� i.• `^'QTY J, w� ,.. �` . Y .- it x • • • f . . y a i PHOTO: Tree #4 extends approximately 15 feet over the property line. The proposed swimming pool will encroach the edge of the dripline. 11 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 APPENDIX B - Protected Tree Construction Impact Guidelines Size and Distribution of Tree Roots—Taken from Arboriculture,Integrated Management of Landscape Trees Shrubs and Vines. Harris,R.W., Clark,J.W.,Matheny N.P. Prentice Hall 2004. Roots of most plants, including large trees, grow primarily in the top meter(3 ft)of soil (see figure below). Most plants concentrate the majority of their small absorbing roots in the upper 150 mm(6 in.) of soil if the surface is protected by a mulch or forest litter. In the absence of a protective mulch, exposed bare soil can become so hot near the surface that roots do not grow in the upper 200 to 250 mm(8 to 10 in.). Under forest and many landscape situations,however, soil near the surface is most favorable for root growth. In addition,roots tend to grow at about the same soil depth regardless of the slope of the soil surface. Although root growth is greatly influenced by soil conditions, individual roots seem to have an inherent guidance mechanism. Large roots with vigorous tips usually grow horizontally. Similar roots lateral to the large roots grow at many angles to the vertical, and some grow up into the surface soil. However, few roots in a root system actually grow down. 'w, . . j ' rir°4144 j 1 . A '4 , r 4' Depth Depth In meters 2 .• - 1.0 4 r — 1.6 6 - FIGURE In mature trees,the taproot is either lost or reduced in size.The vast majority of the root system is composed of horizontally oriented lateral roots. 12 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 The importance of soil Soil supports and anchors tree roots and provides water, minerals and oxygen. Furthermore, soil is a habitat for soil microorganisms that enhance root function. A soil's ability to sustain tree growth is largely determined by its texture, structure (bulk density), organic matter, water and mineral content, salinity, aeration, and soil-microbe abundance and diversity. Soil physical properties Soil texture—the relative proportion of sand, silt and clay, is important because it affects water—and nutrient-holding capacity, drainage and aeration(gaseous diffusion). Soil structure is the arrangement of individual soil particles into clumps (aggregates). The net result is the formulation of larger voids between the aggregates which serve as channels for gaseous diffusion,movement of water and root penetration. Unfortunately, soil aggregates are readily destroyed by activities that compact the soil (increase bulk density). When this occurs, gaseous exchange,permeability, drainage and root growth are restricted. The influence of the organic matter content of soil properties is quiet significant. Its decomposition by soil organisms releases substances that bind soil particles into larger granules, which improves both soil aeration, and drainage. In essence, the breakdown of organic matter improves water—and nutrient-holding capacity and reduces bulk density. Furthermore, it is the primary source of nitrogen and a major source of nitrogen and a major source of phosphorus and sulfur. Without organic matter soil organisms could not survive and most biochemical processes in the soil would cease. Soil aeration,the movement and the availability of oxygen, is determined by both soil texture and structure. In general, compacted and finer soils, due to a higher proportion of small pore spaces(micropores),tend to drain slowly and hold less air than coarser, sandy, or well-structured find soils. Water retained in the small pores displaces oxygen and inhibits gaseous diffusion. The availability of soil water is largely determined by the size of the pore spaces between the soil particles and the larger aggregates in which water is held. Most of the water in the larger pore spaces drains readily due to gravitational forces. A relatively thin film of water,which is readily available to plant roots,remains following drainage. Much of water held within the smaller pore spaces resists uptake by plant roots because it is held tightly on the soil surfaces. Plant roots require an adequate supply of oxygen for development. Injury or dysfunction results when oxygen availability drops below a critical level. Root respiration is the first process to be restricted, followed by disruptions in growth, metabolism, nutrient and water uptake, and photosynthesis. Furthermore,the accumulation of high levels of carbon dioxide,produced by the roots during respiration can also impair root function. Reduced soil aeration resulting from soil compaction, flooding, excess irrigation, or 13 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 impervious pavement favors the development of crown rot(Phytophthora root disease). It also inhibits mycorrhizal fungi that enhance water and nutrient uptake and resist root pathogens. The forest floor under a canopy in most undeveloped forests and woodland settings is typically covered by a layer of fallen leaves and other woody debris. It is usually cool, shady, well-aerated, and relatively moist—conditions that favor normal root growth. When the natural leaf litter is removed and when a tree's lower canopy is pruned up to provide clearance,the absorbing roots in the upper few inches of the soil experience higher soil temperatures and increased desiccation due to direct exposure to sunlight. Minimizing the Effects of Construction and Development on Tree Root Systems Activities that injure roots or adversely affect the root zone should be avoided or kept as far from the trunk as possible. Design changes or alternative building practices that avoid or minimize construction-related impacts should be considered and proposed when applicable. Soil Compaction Soils are intentionally compacted under structures, sidewalks,reads,parking areas, and load-bearing fill to prevent subsidence, and to prevent soil movement on slopes. Although unintentional, soil within the root zone of trees is often compacted by unrestricted foot traffic,parking of vehicles, operation of heavy equipment, and during installation of fill. Compaction destroys the soil's natural porosity by eliminating much of the air space contained within it. It leaves the soil hardm impenetrable and largely unfavorable for root growth. The soil's natural porosity,which allows for water movement and storage, gaseous exchange, and root penetration,is greatly reduced. Consequently,root growth and tree health suffer. Soil compaction is best managed by preventing it. Bulk density is used to describe a soil's porosity, or the amount of space between soil particles and aggregates. High bulk densities indicate a low percentage of total pore space. Pavement Paving over the root systems of trees is another serious problem because it reduces the gaseous diffusion and soil moisture. Most paving materials are relatively impervious to water penetration and typically divert water away from a tree's root zone. Cracks and expansion joints do,though, allow for some water infiltration into the soil below. Of greater concern, is the loss of roots from excavation,to achieve the required grade, and the necessary compaction to prevent subsidence. Once the soil surface is compacted, a base material is then added and compacted as well. With that done,the surface can then be paved. Thus, pavement within the root zones of trees can damage roots and create 14 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 unfavorable soil conditions. One alternative to minimize pavement impacts is to consider placing the pavement on the natural grade over a layer of minimally compacted base material. To reduce sub-grade compaction, consider using reinforced concrete or asphalt over a goetextile blanket to help stabilize the soil. On-grade patios or paving that covers more than one-third of the tree protection zone(TPZ) should be constructed using permeable materials that allow aeration and water penetration. Soil under permeable surfaces should not be compacted to more than 80 percent. Excavation and root pruning Excavation within the root zones of trees should be avoided as much as possible. The extent of root pruning(selective)or cutting(non-selective) should be based on the species growth characteristics and adaptive traits, environmental conditions, age, health, crown size, density, live crown ration and structural condition of the tree. The timing of the root pruning or cutting is another important consideration. Moderate to severe root loss during droughts or particularly hot periods can cause serious water-deficit injury or death. When root pruning/cutting is unavoidable, roots should be pruned or cut as far from the trunk as possible. Cutting roots on more than one side of a tree should also be avoided. Root cutting extending more than half-way around a tree should generally be no closer than about 10 times the trunk diameter. Recommended distances range from as little as 6 times trunk diameter(DBH) for young trees to 12 times trunk diameter for mature trees. The size of the TPZ should, however, be increased for over mature and declining trees and species that are sensitive to root loss. The minimum distance from the trunk that roots can be cut on one side of the tree without destabilizing it, is a distance equal to about three times the diameter(DBH) of the trunk. Roots severed within that distance provide little or no structural support. Root pruning or cutting distances from the trunk should be greater for trees that lean and/or those growing on shallow or wet soil. In cases where the proposed grading will adversely affect trees designated for retention, special attention should be given to proper root pruning and post-construction care for injured trees. Where structural footings are required for foundations, retaining walls, etc., and roots larger than 2 inches in diameter will be impacted, consider design changes or alternative building methods. When excavation within 5 times trunk diameter is unavoidable,roots greater than 1 1/2 inches in diameter should be located prior to excavation and then pruned to avoid unnecessary damage. Hand-digging or use of a hydraulic or pneumatic soil excavation tool is the least disruptive way to locate roots for pruning. Although mechanical root pruners make clean cuts, they are non-selective. A backhoe bucket, dozer blade or trencher will typically pull, rip or shatter the larger root, causing additional damage toward the tree. Once the roots that interfere with the structure being built, e.g., 15 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 foundations, footings, retaining wall, curbs, etc., are exposed,they should then be cut perpendicular to their long axis using a hand-saw, `carbide-tipped chainsaw' or sharp ax, depending on size. Roots that are pruned in this manner typically regenerate new roots from near the cut. Roots exposed by excavation should be protected from exposure to sun and desiccation. Exposed roots that can not be covered with soil by the end of the day should be covered with moistened burlap or similar material. Roots can generally be cut in a non-selective manner when excavating near of beyond the dripline. Ripped, splintered or fractured portions of roots however, should be re-cut. The damaged portion should be removed using sharp tools. The cut should be flat across the root with the adjacent bark intact. Wound dressings should not be applied to pruned or damaged roots except when recommended for disease, insect or sprout control. The best approach to avoid water-deficit injury following root loss during the growing season is to provide ample irrigation. Irrigation should be considered prior to, during, and after root pruning. Watering schedules should also consider local soil conditions, climate,topography,time of year, species adaptability, extent of root pruning and tree health. If possible, irrigate the tree 7 to 10 days prior to excavation so that there is an adequate reservoir of soil water. Water can be delivered to large construction sites via water-tank trucks and applied directly to affected trees or stored nearby in plastic tanks. On relatively flat terrain, a 6 to 8 inch soil berm at the tree's dripline should be constructed to act as a watering basin. On steep terrain, soaker hoses should be used. They can be placed across the slope or spirally around the trunk, from about six feet away to the dripline. In addition, a two to four inch layer of wood chip mulch should be applied to as much of the root zone as possible to retard soil water loss. Pruning foliage to compensate for root loss is not supported by scientific research and likely to result in slower recovery. Fertilization to stimulate root growth is generally unwarranted and may be counterproductive. Trenching within the Tree Protection Zone Trenching for underground utilities should be routed around the TPZ. When this is unavoidable,trenching within the TPZ should be done by `hand' or using a pneumatic or hydraulic soil excavation tool,carefully working around larger roots. Roots larger than 1 '/2 inches in diameter should not be cut. Dig below these roots to route utilities or install drains. A combination of tools can also produce satisfactory results, for example, a skillful backhoe operator under the arborist's supervision can dig down several inches at a time and detect larger roots by `feel' (resistance). At that point, as assistant can expose the root and dig around it. In this manner,the backhoe can then continue extending the trench though the TPZ. Tunneling(boring)through the TPZ is the preferable alternative. For most large trees,tunneling depth should be at least 36 inches. Tunneling should begin at the edge of the TPZ,but no closer than a distance equal to one foot of clearance for each inch of tree DBH. Tunnels should also be offset to either side of the trunk. For trenching that extends only part way into TPZ, consider trenching radially to the tree trunk, as this is less harmful than tangential trenching. All trenches 16 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 made within the TPZ should be backfilled as quickly as possible to prevent root and soil desiccation. Managing Root Injured Trees Root-pruned trees should be monitored for symptoms of water-deficit injury for a specified period following root pruning. Irrigation should be considered prior to, during, and after root pruning. Irrigation schedules should consider local soil conditions, climate, topography, time of year, species tolerance, extent of root pruning and tree health. Grade Change: Fill Soil Fill soil placed within the root zones of trees can have an adverse effect, particularly if the soil is compacted to support a structure or pavement. Soil compaction reduces aeration and water infiltration. Fill soil, die to textural changes, can also prevent water from penetrating the original soil layer below where the roots are. Furthermore, soil placed against the root crown and lower trunk can lead to root disease problems, especially if the soil near the trunk remains moist during the summer from irrigation. Alternatives to placing fills over roots zones shall be considered and proposed as appropriate. 17 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 AUTHOR'S CURRENT CREDENTIALS p x+ . : i I .6:1 111 Aye i ; ha v E egg" z a = g ict r.:3,.., :Y '= Gk-' 1 IIII E a tea = r ' amE r:+ -€ . jy' r O a r i!� N L+ e S aa cs ` :+ 1--711 Chi 0 _ - C A 06 t . L O V .r r G d V � Q U < F i In"ii lull O W .! jyY GO_' fax " in2 an = : `s 1a L a H+ ',e- 4 r+ W W :�\� A L 2 m vaNt iri .,- 4j V 0 4 ,, co c>L2aa 1 18 Protected Tree Report: Survey Encroachment and Protection Plan 1523 Highland Oaks Dr.,Arcadia,91006 Michael Crane,RCA#440.February 2014 CERTIFICATION OF PERFORMANCE I, Michael Crane, certify that: • I have personally inspected the tree(s) and the property referred to in this report and have stated my findings accurately. • I have no current or prospective interest in the vegetation or the property that is the subject of this report and have no personal interest or bias with respect to the parties involved. • The analysis, opinions, and conclusions stated herein are my own and are based on current scientific procedures and facts. • My analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted arboricultural practices. • No one provided significant professional assistance to me, except as indicated within the report. • My compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party not upon the results of the assessment,the attainment of stipulated results, or the occurrence of any subsequent events. I further certify that I am a member in good standing of the American Society of Consulting Arborists and the International Society of Arboriculture. I have been involved in the field of Horticulture in a full-time capacity for a period of more than 15 years. ,�^ V / / � . L � \ Signed: Registered Consulting Arborist#440; American Society of Consulting Arborist Board Certified Master Arborist#WE 6643B; International Society of Arboriculture Licensed California Agricultural Pest Control Adviser#AA08269 February 10, 2014 p$L C Date: 0%� d CISCiasocliix.4 f „soul.00011110, ilk 19 Arbor Care Inc. Arboricultural Consulting & Plant Health Care info @ArborCareInc.net 626-737-4007 DATE: March 28, 2014 TO: City of Arcadia Planning Division 240 W. Huntington Drive,P.O. Box 60021 Arcadia, CA 91007 FROM: Michael Crane Project's Arborist of Record: 1523 Highland Oaks Drive SUBJECT: Addendum to Original Protected Tree Report- Dated February 2014 To whom it may concern: This letter is meant to inform you that I have received modified plans from the architect, Mr. Robert Tong,of Sanyao International, Inc., for the proposed design modifications at 1523 Highland Oaks Drive. A copy of the new site plan is attached to this letter. I have analyzed these plans as they relate to the encroachments of Protected Oak Trees on site, and I have compared these new plans with the plans,which I originally analyzed for the Oak Tree Report that was submitted to the Planning Division for the Oak Tree Permit application. My findings are that the new plans will impact the Protected Oak Trees very similarly or less than what I originally reported and no additional or more severe impacts will occur other than the ones which are presented in my report. A change was made to the footprint of the home and layout of the driveway near Tree #3; however,the footprint of the home will be set further from the tree and the overall footprint of the driveway will remain in the footprint of the previous one. The new design has remained unchanged as it relates to all Oak Tree encroachments near Trees#1,#2 and #4. Rootzone impacts from the new plans remain consistent with those of the original design.It is highly unlikely that significant roots will be encountered during the grading and construction. I have provided the updated full-sized site plans with the protective fencing locations so that they can be inserted into the original reports for the purposes of Planning review and implementation of the tree protection plan during construction. Please feel free to call or email me with any questions regarding the Protected Oaks on this project. Sincerely, Michael Crane '" Registered Consulting Arborist#440;American Society of Consulting Arborist Board Certified Master Arborist#WE 6643B; International Society of Arboriculture ` Ce Licensed California Agricultural Pest Control Adviser#AA08269 • ■ - _ _ ' 1 tI 1 "� mss.- u�• is �' M�,4 iY 6 :;, per. 1 1-- "-.1: \:t i 11 - -- _ - - 1 J i r f — — — 4_ a— ., ,, :_ _ I 0 i ti ,.,_ i , f, , ..._ - i . .,_ i_.., , .,_-i. : li.1 I ' ; . r-- i La____ � i` ` s z pi tia ' s s r •r • . tij c Nig k m a 1 ail AI rr rn r . '. al : H N I E a z I- 5 M r fi 8 1 r. I6 Is p 1 HI O.! P 04 41' 8 a) Ir a b WI IF i CO I IMO Ii r == X IIITIIIIIIIIIIIIIIIIIII N UP P 3 Iii, O S gi ill! '''l'ittEJJ,I4 a. 0 .,'9, '''')< . • r' i"..4. 8. m CC �� u^iA. 2 O- E k N a CO cll Oil i 61 I m it Q all 5 r Ii bQ C1 O IA O S f •4 July 23, 2014 Mr. Ed Beranek, Chairman Arcadia Planning Commission Dear Ed: I am writing about the Highlands Home Owners Assn and its ARB and the hearing your commission will hold on Friday, July 29th. I would like to make several points so I'll briefly state each. 1. My wife and I have lived in the Highlands almost 42 years. 2. I understand there are about 850 homes in this area and that, as of July 16th, only 65 were members of the Assn. There have recently been two special meetings of the Assn and each were attended by 20-25 people. 3. During these meetings new members of the ARB were elected as were two officers of the Assn. The new members of the ARB do not represent my views regarding the purpose of the ARB or what is an appropriate home in the Highlands. The ARB members feel strongly that two-story homes do not fit the Highlands. Two story homes have been allowed in Arcadia since the city's founding 110 years ago. And there have been two- story homes in the Highlands for at least 50 years, one just three homes north of ours. I believe the city resolved this issue many years ago. Why is this issue even being discussed? 4. The members also do not like "off shore"money coming in, buying homes and no one living in them. How this has anything to do with architectural review is something I simply do not understand. 5. A former chair of the RB recently was complaining that your commission and the Council approving a home with a"small living room and a huge master suite." He thought this design was completely wrong and was upset that the design was approved. I wonder what leads anyone to presume to have the right to design the interior of any home? 6. About 5-6 weeks ago three different ARB members held two meetings, one immediately after the other,to discuss two proposed projects on my street. Some new, current ARB members raised all sorts of complaints in a very emotional way and were so completely out of order with their language that one ARB members spoke up and said he was not going to take this abuse any more and he resigned on the spot. I understand another ARB member resigned the following day and the then ARB chairman also resigned a few days later. The current ARB members, led by April Verlato have been completely • disrespectful to many of us and are so determined to have their way that they have caused a lot of emotion and now some residents are upset with their neighbors. 7. It seems like the members of the ARB have gone way beyond architectural review into areas where they have no business. What gives them the right to judge the ethnicity of a property owner, where the money for the construction is coming from,the size of someone's master suite, encroachment of the drip line of oak trees, etc. 8. It is my understanding that in the United States homeowners have certain property rights and overly aggressive individuals cannot override these rights I urge the Planning Commission to approve these projects. Thank you for your kind consideration of my thoughts. Sincerely, Bruce McCallum 1730 Alta Oaks Dr. Arcadia, CA 91006-1701 RECEIVED } JUL 2 3 2014 Planning Sevv ceS City of Ar cau►a