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HomeMy WebLinkAboutItem 1 - TRH 16-01 for 170 W. Norman AvenueTRH 16-01 June 28, 2016 Page 1 of 4 DATE: June 28, 2016 TO: Honorable Chairman and Modification Committee FROM: Lisa Flores, Planning Services Manager By: Nick Baldwin, Associate Planner SUBJECT: HEALTHY SYCAMORE TREE PERMIT NO. TRH 16-01 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO LEGALIZE THE UNPERMITTED REMOVAL OF AN 18-INCH SYCAMORE TREE THAT WAS LOCATED IN THE REAR YARD AREA AT 170 W. NORMAN AVENUE. Recommendation: Conditional Approval BACKGROUND The subject property is a 19,100 square foot interior lot, zoned R-0, with a developed 8,674 square foot, two-story residence built in 2015. At the time the residence was constructed, there were three Western Sycamore trees situated on the property and two Coast Live Oaks trees located within the City's parkway that had canopies that extended over onto the subject property. An aerial photo of the subject site and a photo of the property are provided for reference (Attachment Nos. 1 through 3). On December 28, 2015, the City was informed that a healthy Sycamore tree was removed without a permit at the subject property and a Notice of Violation issued by Code Services. According to the property owner, Ms. Huang, the Sycamore tree was Tree Removed Existing Sycamores TRH 16-01 June 28, 2016 Page 2 of 4 removed because several limbs had fallen after the home was constructed and she was fearful that additional falling limbs could be of danger to someone on the property. Further, she also stated she was unaware that the Sycamore was a protected tree. At the time the home was constructed in March 2015, Sycamores were not on the "protected tree" list; it was later added on April 2015. ANALYSIS The Applicant is requesting approval to legalize the removal of the unpermitted 18-inch Western Sycamore tree that was located in the rear yard, adjacent to the detached garage and pool house (as shown in the photo to the right). According to the Certified Arborist, Mr. Crane, it is believed that when the subject site was graded, the contractors likely over excavated, beyond the footprint of the newly proposed structure, and damaged the roots of the trees, thereby causing it to be severely unstable (refer to Attachment No. 4). According to the City's Protected Tree ordinance, if a protected healthy tree is removed without permits, the owner shall be provide one of the following or combination of thereof: • Pay a fine; • Replace the protected tree, which was removed; and/or • Plant a new protected tree or other trees which may be more appropriate to the site The replacement tree shall be based on the value or the actual replacement cost, whichever is higher, plus the cost of planting the replacement trees. The tree value shall be provided based on the International Society of Arboriculture tree evaluation formula. FINDINGS The City’s Sycamore Tree Ordinance allows a healthy Sycamore 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 TRH 16-01 June 28, 2016 Page 3 of 4 Given the Sycamore tree was removed without the authorization of a permit, staff recommends that a replacement tree of the same species and of equal or greater value be planted on the subject property. Staff proposes that the new Sycamore tree be placed within the front yard area since there appears to be ample space and it would help to soften the large structure and further enhance the curb appeal. The estimated value of the removed Sycamore tree is $6,100. The Certified Arborist is recommending a 72-inch box Sycamore tree be planted, which is of comparable value to the 18-inch Sycamore tree that was removed. ENVIRONMENTAL ANALYSIS The proposed project qualifies as California Environmental Quality Act (CEQA) under Section 15304 of the CEQA Guidelines for minor alterations to land. PUBLIC COMMENTS Public hearing notices were mailed on June 17, 2016, to the property owners within 100 feet of the subject site and staff did not receive any comments during the notification period. RECOMMENDATION It is recommended that the Modification Committee approve Healthy Sycamore Tree Application No. TRH 16-01 subject to the following conditions: 1. Within 90 days of this approval, a 72-inch box Sycamore tree shall be planted in the front yard at a location that is subject to the approval of the Planning Services Manager or designee. 2. A Certified Arborist shall supervise the planting of the 72-inch box Sycamore tree on the property and shall submit a follow-up report to Planning Services to verify the fulfillment of this condition. This report shall also be submitted within 90 days of this approval. 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 TRH 16-01 June 28, 2016 Page 4 of 4 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 16-01 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: Photo of Property Attachment No. 3: Photo of the Tree Location, Taken at the Time of Notice of Violation Attachment No. 4: Arborist Report, dated March 15, 2016 Attachment No. 5: Preliminary Exemption Assessment   Attachment No. 1 Attachment No. 1 Aerial Photo with Zoning Information Overlays Selected parcel highlighted Parcel location within City of Arcadian/a 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 (15,000) Number of Units: VLDR Zoning: Property Characteristics 2015 8,674 1 Grace Huang Site Address: 170 W NORMAN AVE 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 generated22-Jun-2016 Page 1 of 1 19,100   Attachment No. 2 Attachment No. 2 Photo of the Property     Attachment No. 3 Attachment No. 3 Photo of the Tree Location, Taken at the Time of Notice of Violation   Attachment No. 4 Attachment No. 4 Arborist Report, dated March 15, 2016   Attachment No. 5 Attachment No. 5 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 16-01 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): 170 W. Norman Avenue between El Monte Avenue and Andrews Road 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Ms. Grace Huang (2) Address 170 W. Norman Ave. 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: June 16, 2016 Staff:Nick Baldwin, Associate Planner