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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 TRH 14-04 November Page 1 of DATE: TO: FROM: SUBJECT BACKGRO The subje Anita Oak foot house rear of the been prov Board is a to recent c is no longe application ANALYSIS The prope the center 4 r 12, 2014 3 Novem Honora Lisa L. By: Nic T: TRH 14 TREES ENVIRO DEVEL Recom OUND ct property s Homeown e, one story e property, a vided (refer aware of the changes to H er required t n with the Ci S erty owner is of the lot dir ber 12, 2014 able Chairma Flores, Plan ck Baldwin, A 4-04 - FOR S WITH A ONMENTAL LOPMENT O mmendation is a 28,120 ners Associa house that and four in t to Attachme request and HOA regulat o review and ty. s requesting rectly behind 4 an and Modi nning Service Assistant Pla THE REMO A CATEGO L QUALITY OF A NEW R : Condition square foot ation (HOA). was built in the center t ent No. 1). d has provid ions in Reso d approve a to remove t d the existing fication Com es Manager anner OVAL OF T ORICAL EX ACT (CEQ RESIDENCE nal Approva t interior lot, . The subje 1950. There he property The Homeo ded a letter olution No. 6 request to r three health g single-stor mmittee r THREE (3) H XEMPTION QA) TO AC E AT 300 HA al zoned R-O ect site is de e are nine o . An aerial owners Ass (refer to Att 6770, the HO remove a he y Coast Live ry house (re HEALTHY C FROM TH CCOMMOD ACIENDA DR O and locate eveloped wi oak trees on photo of th sociation Arc tachment No OA Architect ealthy oak tre e oak trees efer to the pla COAST LIVE HE CALIFO DATE A FU RIVE d within the ith a 2,657 s n the lot: five he subject s chitectural R o. 2); howev tural Review ee prior to fi that are loca an below). E OAK ORNIA UTURE Santa square e in the ite has Review ver due w Board ling an ated in TRH 14-04 November 12, 2014 Page 2 of 3 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