HomeMy WebLinkAboutTRH 14-04_300 Hacienda DriveTRH 14-04 and TRE 15-46
October 13, 2015
Page 1 of 7
DATE: October 13, 2015
TO: Honorable Chairman and Modification Committee
FROM: Lisa L. Flores, Planning Services Manager
By: Nick Baldwin, Assistant Planner
SUBJECT: HEALTHY OAK TREE PERMIT NO. TRH 14-04 AND OAK TREE
ENCROACHMENT PERMIT NO. TRE 15-46 WITH A CATEGORICAL
EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) TO REVIEW THE DESIGN OF A NEW RESIDENCE, AND
RECONSIDERATION OF THE APPLICANT’S REQUEST TO REMOVE
THREE (3) COAST LIVE OAK TREES PER THE MODIFICATION
COMMITTEE REQUIREMENT FOR TRH 14-04 AND TO ALLOW THE NEW
RESIDENCE, POOL HOUSE, AND OTHER IMPROVEMENTS TO
ENCROACH WITHIN THE DRIP LINE OF SEVEN (7) COAST LIVE OAK
TREES AT 300 HACIENDA DRIVE.
Recommendation: Conditional Approval
BACKGROUND
At the November 12, 2014 Modification Committee meeting, the Committee reviewed the
applicant’s request to remove three initially perceived “healthy” Coast Live oak trees that
are located in the center of the lot directly behind the existing single-story residence. The
Committee found it difficult to determine if the removal of the three oak trees were
necessary without first seeing the design. At the same time, the Committee realized that
the location of the three oak trees creates a hardship for the property owner to build a
reasonably sized home and meet the minimum front yard setback of 67’-0” – refer to the
November 12, 2014 staff report under Attachment No. 1. After much discussion, the
Committee conditionally approved the request with the contingency that the trees not be
removed until the design has been approved by the Santa Anita Oaks Homeowners
Association (“HOA”) and the Modification Committee to ensure that the removal of the
trees are necessary and more desirable than an alternative design.
The conditional approval also required that if the Committee determines that the oak trees
should be removed, the applicant shall plant four 72-inch box trees, either Coast Live Oak
or Englemann Oak, in place of the three oak trees (the location to be determined by the
owner and the Certified Arborist). Also, the Committee required the Certificate of
Demolition to be completed prior to the removal of any Oak trees and this application was
completed March 30, 2015 (refer to Attachment No. 2).
TRH 14-04 and TRE 15-46
October 13, 2015
Page 2 of 7
The subject site has a total of ten oak trees on the lot: six in the rear of the property, and
four in the center the property. When this project was reviewed by the Modification
Committee last year, only nine oaks were identified because one of the oak tree (oak tree
no. 7) was located beneath the canopy of another oak tree.
On July 17, 2015, the applicant filed an application to remove two of the three oak trees
that were reviewed by the Committee because the Certified Arborist, Mr. Crane
determined that those trees are now a safety concern and the structural defects and
internal decay could cause the trees or part of the trees to fall (refer to Attachment No. 3).
Because the two oak trees went from healthy to diseased in a matter of eight months, staff
requested that he provide an explanation for this discrepancy. In a separate report, dated
August 17, 2015 (refer to Attachment No. 4) Mr. Crane explained that he did not conduct a
risk assessment of the trees, but a mitigation plan because the HOA was initially
supportive of the removal, regardless whether it was healthy or not. The trees could have
been diseased if it had been evaluated. Due to the current health of the diseased oak
trees, a permit to remove them was issued in July 2015, but the property owner was asked
to refrain from removing the two oak trees until the project has been reviewed by the
Committee with the new house, as required by the conditions of approval.
On September 9, 2015, the Santa Anita Oaks Homeowners Association Architectural
Review Board approved the design for a two-story, 7,950 square-foot, Craftsman-style
residence with a detached pool house (refer to Attachment No. 5 HOA Finding and Action
Form and Minutes). The new building footprint will require the removal of the two diseased
oak trees, relocation of the third oak tree (Oak Tree No. 9) to the front yard area to help
screen the new house, and encroachment within the fourth oak tree (Oak Tree No. 1) that
will be preserved and designed around the new house with a wood deck, as shown below.
The site plan below also shows the location of the 10 oak trees.
TRH 14-04 and TRE 15-46
October 13, 2015
Page 3 of 7
ANALYSIS
Based on staff’s observation of the three oak trees, two
of them (tree nos. 8 and 10) had structural defects and
a large canker was visible on the lower trunk of the tree
(tree no. 8) – refer to the image to the right. Staff
concurs with the Arborist’s determination that it does
not appear to be conducive to design a new home
around the diseased trees that are likely to fall. The
third tree (tree no. 9) is large and healthy, but sits
squarely in the footprint of the proposed design. The
Certified Arborist believes this 28-inch Coast Live Oak
tree could be saved and transplanted to the front yard
area. Staff has contacted a local and reputable tree
company, Valley Crest Tree Company, and their
Certified Arborist stated the most delicate time is when
the tree is boxed, and with proper measures, it has a
95% chance of surviving.
TRH 14-04 and TRE 15-46
October 13, 2015
Page 4 of 7
The City’s Oak Tree Ordinance allows a healthy oak tree to be removed under the
following conditions:
The tree’s removal is necessary;
The tree removal is more desirable than alternative project design; and
Mitigation measures are provided
Based on the above analysis, it is necessary to remove the diseased oak trees. As for the
third oak tree, the applicant has agreed to transplant it to the front yard area where there is
ample space to accommodate it. A covenant is required to ensure that if the tree does not
survive within the next three (3) years, the property owner shall plant a new 72-inch box
oak tree, which is of the same tree size the Modification Committee required if it had been
permanently removed. A condition of approval to this effect is included (refer to condition
no. 2).
Originally, the Modification Committee required that the property owner plant four 72-inch
box oak trees for the removal of the three oak trees with trunk sizes that vary in size from
24” to 36”. However, because one of them will be relocated, staff is suggesting that they
only propose three 72-inch box oak trees instead of four. The property owner is also
proposing another oak tree in the front yard area bringing the total to 11 oak trees on-site
(currently there are 10 oak trees on-site).
The remaining oaks at the rear of the property would only have their canopies encroached
upon by hardscape and landscaping, with the exception of three oak trees (tree nos. 5 and
6), which will also have their canopies encroached upon by the pool house. Also, tree no.1
will have its canopy encroached upon by the new house. The house was designed around
the last oak tree at the center of the property (tree no. 1) since it is situated more to the
side, as shown below. Additional photos of the trees can be found under Attachment No.
7.
TRH 14-04 and TRE 15-46
October 13, 2015
Page 5 of 7
The applicant’s Arborist also found that these encroachments are acceptable as long as
they comply with the tree protection measures stated in the Arborist report, dated May
2015 (refer to Attachment No. 3).
Architectural Design
The HOA Architectural Review Board (ARB) held three meetings to discuss the placement
of the house and how it would impact the three oak trees, the overall mass and scale,
privacy, and design. On September 9, 2015, the ARB conditionally approved the design
(refer to the ARB minutes – Attachment No. 5).
The architectural design is also before the Committee for consideration (refer to
Attachment No. 6 for Architectural Plans). The proposed Craftsman design, with its rustic
appearance, complements this neighborhood which is characterized by Traditional-style
homes with wood siding that are surrounded by mature trees. Also, the height of the
proposed home is comparable to the adjacent homes since the home to the east is two-
story and the home to the west is a single-story home at a higher grade. With the
exception of the proposed oak tree removal and encroachment requests, this project
complies with all zoning regulations, the regulations contained in Resolution 6670, and is
consistent with the City’s Single-Family Residential Design Guidelines.
ENVIRONMENTAL ANALYSIS
The proposed project qualifies as a Class 3 Exemption for New Construction from the
requirements of the California Environmental Quality Act (CEQA) under Section 15303 of
the CEQA Guidelines.
PUBLIC COMMENTS
Public hearing notices were mailed on October 1, 2015, to the property owners within 100
feet of the subject site. Staff received concerns from the neighboring owners regarding the
differing opinions on the health of the oak trees.
RECOMMENDATION
It is recommended that the Modification Committee conditionally approve Healthy Oak
Tree Application No. TRH 14-04 and Oak Tree Encroachment Application No. TRE 15-46
and find that the project is exempt per CEQA Section 15303, subject to the following
conditions of approval:
1. Prior to issuance of any permits from Building Services, the property
owner/applicant shall submit a Mitigation and Monitoring Plan for the transplant of
the 28-inch oak tree (referred to as Oak Tree No. 9) that includes a status report of
the health of the oak tree and any recommendations or measures to the property
TRH 14-04 and TRE 15-46
October 13, 2015
Page 6 of 7
owner and the City every six (6) months from the date of the approval until
November 1, 2018. The Plan shall be completed by a Certified Arborist and
submitted to the City for review and approval by the Planning Services Manager or
designee.
2. Prior to issuance of any permits from Building Services, the property
owner/applicant shall record a Covenant with the City that the property owner shall
plant a 72-inch box Coast Live Oak Tree within the front yard area if the 28-inch oak
tree (referred to as Oak Tree No. 9) does not survive from the period of the approval
date until November 1, 2018.
3. The property owner/applicant shall comply with all of the recommended tree
protection measures listed in the Protected Oak Tree Report, dated May 2015.
4. A Certified Arborist shall supervise the planting of three 72-inch box Coast Live Oak
or Engelmann Oak trees on the subject property. The Certified Arborist shall submit
a follow-up report to Planning Services to verify fulfillment of this condition prior to
issuance of a Certificate of Occupancy for the new residence.
5. 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,
Modification Committee, 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.
6. Approval of TRH 14-04 and TRE 15-46 shall not be of effect unless on or before 30
calendar days after approval of this project, 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.
TRH 14-04 and TRE 15-46
October 13, 2015
Page 7 of 7
Attachment No. 1: TRH 14-04 Staff Report and attachments, dated November 14, 2014
Attachment No. 2: Certificate of Demolition
Attachment No. 3: Protected Oak Tree Report prepared by Mr. Crane, dated May, 2015
Attachment No. 4: Supplemental letter from Mr. Crane, dated August 17, 2015
Attachment No. 5: Santa Anita Oaks Homeowners Association ARB Findings and Action
Form and Minutes
Attachment No. 6: Architectural Plans
Attachment No. 7: Photos of Property and Surrounding Sites
Attachment No. 8 Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
TRH 14-04 Staff Report with Attachments,
dated November 14, 2014
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The new owners that are currently in escrow would like to construct a new 6,000 square foot, two
story residence. As a result, a mitigation report was prepared for the removal of the three healthy
oak trees and another oak tree report was prepared to determine if the new building footprint would
harm the fourth oak tree since it will be approximately 20’-0” from the new building footprint (as
outlined in orange on the plan). According to the report, it will not harm the fourth tree but because
the design and layout of the project could change, the property owner would be required to file an
Oak Tree Encroachment application during the design review process.
The City’s Oak Tree Ordinance allows a healthy oak tree to be removed under the following
conditions:
• The tree’s removal is necessary;
• The tree removal is more desirable than alternative project design; and
• Mitigation measures are provided
The location of the three oak trees creates a hardship for the property owner to build a reasonably
sized home and meet the minimum front yard setback of 67’-0”. Alternatively, the applicant could
request a modification to the front yard setback and locate the house closer to the front property
line to protect the three oak trees; however, the house would not align with the other adjacent
homes and would change the overall character of the neighborhood and streetscape. As a result,
the request seems reasonable to accommodate a new residence and the applicant would be
required to mitigate the loss of the three 36-inch oak trees with four 72-inch box oak trees, either
Coast Live Oak or Engelmann Oak, and they shall be placed in the most exposed areas of the
front and back yards. However, this request is contingent upon a new house and plans that have
not been submitted to the Homeowners Association yet, so staff is recommending that the healthy
oak trees shall not be removed until the design of the house has been approved by the HOA; the
City has approved the Certificate of Demolition to demolish the existing house; and an Oak Tree
Encroachment Permit for any improvements under the dripline of all the oak trees has been
approved.
ENVIRONMENTAL ANALYSIS
The proposed project qualifies as a Class 4 Exemption for Minor Alterations to Land from the
requirements of the California Environmental Quality Act (CEQA) under Section 15304 of the
CEQA Guidelines.
PUBLIC COMMENTS
Public hearing notices were mailed on October 30, 2014, to the property owners within 100 feet of
the subject site. Staff did not receive any comments.
RECOMMENDATION
It is recommended that the Modification Committee conditionally approve Healthy Oak Tree
Application No. TRH 14-04 and find that the project is exempt per CEQA Section 15304, subject to
the following conditions of approval:
1. This approval shall expire in one year from the effective date. The three (3) healthy Coast
Live Oak trees shall not be removed until the design of the new residence has been
approved by the Santa Anita Oaks Homeowners Association; the City has approved the
Certificate of Demolition to demolish the existing house; and an Oak Tree Encroachment
Permit for any development improvements under the dripline of all the oak trees has been
approved.
TRH 14-04
November 12, 2014
Page 3 of 3
2. A Certified Arborist shall supervise the planting of four 72-inch box Coast Live Oak or
Engelmann Oak trees on the subject property: two in the front yard area and two in the rear
yard area. The Certified Arborist shall submit a follow-up report to Planning Services to
verify fulfillment of this condition.
3. 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, Modification Committee, 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.
4. Approval of TRH 14-04 shall not be of effect unless on or before 30 calendar days after
approval of this project, 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.
Attachment No. 1: Aerial Photo with Zoning Information
Attachment No. 2: Letter from Santa Anita Oaks Homeowners Association, dated November 6,
2014
Attachment No. 3: Tree Plan and Arborist Report, dated October 3, 2014 and Supplemental
Report, dated November 3, 2014
Attachment No. 4: Photos of Property and Surrounding Sites
Attachment No. 5: Preliminary Exemption Assessment
Attachment No. 1
Aerial Photo with Zoning Information
Overlays
Selected parcel highlighted
Parcel location within City of ArcadiaD
n/a
n/a
n/a
Property Owner(s):
Architectural Design Overlay:
Downtown Overlay:
Special Height Overlay:
Parking Overlay:
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
General Plan:
R-O (30,000)
Number of Units:
RE
Zoning:
Property Characteristics
1950
2,657
28,120
1
LIHANI,ROBERT AND MARGARET TRS LIHANI FAMILY TRUST
Site Address:
300 HACIENDA DR
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate, current,
or otherwise reliable.
Report generated05-Nov-2014
Page 1 of 1
Attachment No. 2
Letter from Santa Anita Oaks Homeowners
Association, dated November 6, 2014
Attachment No. 3
Tree Plan and Arborist Report, dated
October 3, 2014 and Supplemental Report,
dated November 3, 2014
Attachment No. 4
Photos of Property and Surrounding Sites
Subject Property, 300 Hacienda Drive,
Oaks at the Center of the Lot
Oak to Remain Oak to be
Removed
Oak to Remain
Subject Property, Oaks at the Center
of the Lot
Subject Property, Oaks at the Center
of the Lot
Oaks to be
Removed
Subject Property, Oaks at the Rear of
the Lot
Oaks to be
Removed
Subject Property, Oaks at the Rear of
the Lot
Subject Property, View from the
Street
312 Hacienda Drive, Adjacent Lot to
the West
320 Hacienda Drive, Property Located
Two Lots to the West
1300 Oak Meadow Rd., Property
Across the Street, 1 Lot to the West
1401 Carmelita Pl., Property Across
the Street
1400 Carmelita Pl., Property Across
the Street, 1 Lot to the East
296 Hacienda Dr., Adjacent Property
to the East
290 Hacienda Dr., Property Two Lots
to the East
1304 San Carlos Rd., Property at the
End of the Block to the West
Attachment No. 5
Preliminary Environmental Assessment
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Oak Tree Removal Application No. TRH 14-04
2. Project Location – Identify street
address and cross streets or attach
a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
300 Hacienda Drive, between Oak Meadow Road and Carmelita
Place
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Mr. Robert Lihani
(2) Address 300 Hacienda Drive
Arcadia, CA 91006
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental assessment
because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class: Class 4 – Section 15304
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise exempt
on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: October 30, 2014 Staff:Nick Baldwin, Assistant Planner
Attachment No. 2
Attachment No. 2
Certificate of Demolition
Attachment No. 3
Attachment No. 3
Protected Oak Tree Report prepared by Mr.
Crane, dated May, 2015
Attachment No. 4
Attachment No. 4
Supplemental letter from Mr. Crane, dated
August 17, 2015
Attachment No. 5
Attachment No. 5
Santa Anita Oaks Homeowners Association
ARB Findings and Action Form and Minutes
Attachment No. 6
Attachment No. 6
Architectural Plans
Attachment No.7
Attachment No. 7
Photos of Property and Surrounding Sites
Subject Property, 300 Hacienda Drive,
Oaks at the Center of the Lot
Oak No. 1 to
Remain Diseased Oak
No. 10 to be
Removed
Oak No. 1 to
Remain
Subject Property, Oaks at the Center
of the Lot
Subject Property, Oaks at the Center
of the Lot
Diseased Oak
No. 8 to be
Removed
Subject Property, Oaks at the Center
of the Lot
Oak No. 9 to be
Transplanted to
Front Yard
Diseased Oak
No. 8 to be
Removed
Diseased Oak
No. 10 to be
Removed
Oak No. 9 to be
Transplanted to
Front Yard
Subject Property, Oaks at the Rear of
the Lot
Subject Property, View from the
Street
312 Hacienda Drive, Adjacent Lot to
the West
320 Hacienda Drive, Property Located
Two Lots to the West
1300 Oak Meadow Rd., Property
Across the Street, 1 Lot to the West
1401 Carmelita Pl., Property Across
the Street
1400 Carmelita Pl., Property Across
the Street, 1 Lot to the East
296 Hacienda Dr., Adjacent Property
to the East
290 Hacienda Dr., Property Two Lots
to the East
1304 San Carlos Rd., Property at the
End of the Block to the West
Attachment No. 8
Attachment No. 8
Preliminary Exemption Assessment
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Oak Tree Removal Application No. TRH 14-04 and Oak Tree
Encroachment Application No. TRE 15-46
2. Project Location – Identify street
address and cross streets or attach
a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
300 Hacienda Drive, between Oak Meadow Road and Carmelita
Place
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Mr. Robert Tong
(2) Address 255 E. Santa Clara St., #200
Arcadia, CA 91006
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental assessment
because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class: Class 3 – Section 15303
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise exempt
on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: September 30, 2015 Staff: Nick Baldwin, Assistant Planner