12-19-2006 - Appeal of Tree Removal Permit #06-08, Applicant/Appellant: Gary Preston, Location: 1007 S. Sunkist AvenueCity o Wes, COVi714
emorandum
AGENDA
ITEM NO. E-3
DATE: December 19, 2006
TO: Andrew G. Pasmant, City Manager
-and City Council
FROM: Douglas N. McIsaac, Planning Director
SUBJECT: APPEAL OF TREE REMOVAL PERMIT NO.06-08
APPLICANT/APPELLANT: Gary Preston
LOCATION: 1007 S. Sunkist Avenue
RECOMMENDATION:
Staff recommends that the City Council uphold the decision of the Planning Commission
and adopt the following resolution denying the removal of an existing oak tree in the rear
yard of a single-family home:
&PTC)HOE
A RESOLUTION CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, UPHOLDING THE
DECISION OF THE PLANNING COMMISSION AND
DENYING TREE REMOVAL PERMIT NO.06-08
DISCUSSION:
The applicant is requesting approval of a tree removal permit to allow the removal of an
existing mature oak tree in the rear yard of a single-family home. The relatively large lot
(15,975 square feet) is located on Sunkist Avenue, south of Garvey Avenue South. The
subject property is developed with a residence, garage, and workshop.
The applicant has stated that he is requesting removal of the oak tree to allow for the
installation of a fence along the side property line. The oak tree is situated very close to,
if not right on, the applicant's northerly side property line toward the rear of the lot. It is
approximately 60 feet from a workshop structure in the rear, approximately 120 feet from
the house, and approximately 20 feet from the rear property line.
The Zoning Code includes provisions to provide for the protection and unnecessary
removal of walnut trees ("Heritage" trees), oak trees and sycamore trees ("Significant"
trees). In this case, the removal of a mature oak tree would require the approval of a tree
removal permit. Pursuant to Zoning Code Section 26-293(a)(1), the decision to issue or
deny the permit is based on the following criteria (paraphrased below for brevity):
a. Whether the condition of the tree with respect to disease, damage, danger of
collapse, proximity to an existing structure, age and remaining life span
warrants the removal of the tree.
b. Taking into consideration the size, shape, and topography, and existing trees
on the lot, the denial of the permit would create an unreasonable hardship on
the property owner (e.g. prohibiting the construction of a structure).
C. The number, size, and location of existing trees in the area and the effect of
the requested action in terms of providing shade, historic value, and scenic
beauty of the area or neighborhood.
d. The topography of the lot and the effect of the requested action on soil
erosion, etc.
e. Whether or not the tree is required to be preserved by any precise plan or
other approved plan.
ZACase Files\TREE PERMIT\2006\06-08 1007 S. Sunkist Ave\CC\Council Staff Report.doc
Tree Removal Permit 0 - 8
December 19, 2006 - Pa eg_2
The authority to approve or deny a tree removal permit is first granted to the Planning
Director. Upon review of the proposed request, including the condition of the tree and
the reasons stated for requesting its removal, it was determined that the request did not
meet the criteria stated in the Zoning Code,to .grant the permit. The oak tree gives no
appearance of disease or poor health, its removal is not required to serve any substantial
purpose for the use and enjoyment of the property or surrounding properties, and the tree
does not interfere with any existing or proposed improvements to the property. For these
reasons, the tree removal permit was denied by the Planning Director.
PLANNING COMMISSION REVIEW AND DECISION:
The applicant subsequently appealed the decision of the Planning Director to the
Planning Commission. On November 14, 2006, the Planning Commission considered the
appeal. The applicant stated that he wished to remove the tree because it was located
very close to the side property line with his neighbor to the north and interfered with his
ability to construct a fence along the property line. The applicant also stated that the tree
was very messy and required lots of work to keep his yard clean.
At the conclusion of the hearing, the Commission agreed with the determination of staff
that the request did not meet the criteria to grant the removal permit. The Planning
Commission empathized with the applicant's concerns, but felt that there were other
options for constructing a fence and that there were no other compelling reasons to
support the removal of a mature oak tree. The Commission voted 5-0 to deny the tree
removal permit.
FISCAL IMPACT:
The proposed removal of the mature oak tree would not have any fiscal impact to the City.
ep ed by: Miguel Nunez Reviewe Approved by: Douglas N. McIsaac
Planning Intern Planning Director
.Attachments:
Attachment 1
— Denial Resolution
Attachment 2
— Plot Plan
Attachment 3
— Approval Resolution
Attachment 4
— Letter of Appeal dated November 18, 2006
Attachment 5
— Planning Commission Resolution No. 06-5184
Attachment 6
— Planning Commission Staff Report dated November 14, 2006
Attachment 7
— Appeal Letter of Planning Director decision dated October 5, 2006
Attachment 8 — Planning Director denial letter dated October 2, 2006
ZACase Files\TREE PERMIT\2006\06-08 1007 S. Sunkist Ave\CC\Council Staff Report.doc
0ATTAC-HMENT 10
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION
AND DENYING TREE REMOVAL PERMIT NO.06-08
TREE REMOVAL PERMIT NO.06-08
CATEGORICAL EXEMPTION
APPLICANT: Gary Preston
LOCATION: .1007 S. Sunkist Avenue
WHEREAS, there was filed a verified application forms as prescribed, a request for a tree
removal permit to allow the removal of an Oak tree in the rear yard of a single-family residence, on
that certain property generally described as:
Assessor's Parcel No. 8468-003-009, as listed in the records of the office
of the Los Angeles County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 14`h
day of November, 2006 conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission did adopt Resolution No. 06-5184 denying the
application; and
WHEREAS, on November 21, 2006, an. appeal of the Planning Commission action was
filed by Gary Preston; and
WHEREAS, the City Council did, on the 19th day of December, 2006, conduct a duly
advertised public hearing as prescribed by law, and considered evidence presented by the
Planning Commission, Planning Department, and other interested parties.
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. The applicant is requesting the approval of a tree removal permit to allow the removal of an
Oak tree in the rear yard of a single-family residence.
2. Appropriate findings for approval of a tree removal permit are as follows:
a. The condition of the tree creates a dangerous situation with respect to disease,
damage, danger of collapse of all or any portion of the tree, proximity to an
existing or proposed primary structure, and interference with utility services, age
or remaining life span and whether or not the tree acts as a host for a plant which
is parasitic to other species of trees which are in danger of being infested.
b. Based on the size, shape, topography and existing trees upon the lot, the denial of
the permit would create an unreasonable hardship on the property owner (i.e.,
prohibit the construction' of a primary structure or deny a property right possessed
by other property in the same vicinity and zone).
C. The number, species, size, and location of existing trees in the area and the effect
of the requested action in terms of providing shade, protection from wind, air -
pollution reduction, historic value and scenic beauty upon the health safety,
aesthetics, and general welfare of the area or neighborhood.
ZACase Files\TREE PERMIT\2006\06-08 1007 S. Sunkist Ave\CC\CC Reso- denial.doc
Resolution No. •
Tree Removal Permit 06-08
December 19, 2006 - Page 2
d. The topography of the lot or parcel and the effect of the requested action on
erosion, soil retention, water retention, and diversion or increased flow of surface
water.
3. Pursuant to requirements of the California Environmental Quality Act (CEQA) of 1970,
this project is a Categorical Exemption, Class 3 (Section 15303: Minor Alterations to
Land), as the project involves minor grading and tree removal.
NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
1. On the basis of the evidence presented, both oral and documentary, the City Council makes
the following findings:
a. The subject oak tree is a healthy tree with a full leaf canopy and no sign of disease
or parasitic infestation
b. The denial of the proposed tree removal permit does not create an unreasonable
hardship on the property owner which prevents the, construction of a primary -
structure or the enjoyment of rights possessed by other property owners in the same
vicinity and zone.
2. The City Clerk shall certify as to the passage of this Resolution.
e
0
ZACase Files\TREE PERMIM006\06-08 1007 S. Sunkist Ave\CC\CC Reso- denial.doc
Resolution No.
Tree Removal Permit 06-08
December 19, 2006 - Page 3
DENIED on this 19u' day December, 2006.
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 19'' day of December, 2006.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATE: December 19, 2006
APPROVED AS TO FORM:
City Clerk
City Attorney
ZACase Files\TREE PERMIT\22006\06-08 1007 S. Sunkist Ave\CC\CC Reso- denial.doc
ATTACHMENT 2
Gary Preston
1007 S. Sunkist Ave.
West Covina
(626) 337-7350 Property Line
Property I
)
Line
Garage
D
r
i
v
e
w
a
9
Fihied
House
Walk way
75'
Street.
32'
Oak Tree To
be removed
Circumference
is 8' 10"
4fi'
Fence that
needs
replacing
147' Property
Line
'S ATTACHMENT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION
AND APPROVING TREE REMOVAL PERMIT NO.06-08
TREE REMOVAL PERMIT NO.06-08
CATEGORICAL EXEMPTION
APPLICANT: Gary Preston
LOCATION: 1007 S. Sunkist Avenue
WHEREAS, there was filed a verified application forms as prescribed, a request for a tree
removal permit to allow the removal of an Oak tree in the rear yard of a single-family residence, on
that certain property generally described as:
Assessor's Parcel No. 8468-003-009, as listed in the records of the office
of the Los Angeles County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 14`h
day of November, 2006 conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission did adopt Resolution No. 06-5184 denying the
application; and
WHEREAS, on November 21, 2006, an appeal of the Planning Commission action was
filed by Gary Preston; and
WHEREAS, the City Council did, on the 19`h day of December, 2006, conduct a duly
advertised public hearing as prescribed by law, and considered evidence presented by the
Planning Commission, Planning Department, and other interested parties.
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
T. The applicant is requesting the approval of a tree removal permit to allow the removal of an
Oak tree in the rear yard of a single-family residence.
2. Appropriate findings for approval of a tree removal permit are as follows:
a. The condition of the tree creates a dangerous situation with respect to disease,
damage, danger of collapse of all or any portion of the tree, proximity to an
existing or proposed primary structure, and interference with utility services, age
or remaining life span and whether or not the tree acts as a host for a plant which
is parasitic to other species of trees which are in danger of being infested.
b. Based on the size, shape, topography and existing trees upon the lot, the denial of
the permit would create an unreasonable hardship on the property owner (i.e.,
prohibit the construction of a primary structure or deny, a property right possessed
by other property in the same vicinity and zone).
C. The number, species, size, and location of existing trees in the area and the effect
of the requested action in terms of providing shade, protection from wind, air -
pollution ,reduction, historic value and scenic beauty upon the health safety,
aesthetics, and general welfare of the area or neighborhood.
ZACase Files\TREE PERMIT\2006\06-08 1007 S. Sunkist Ave\CC\CC Reso- Approval.doc
Resolution No. • •
Tree Removal Permit 06-08
December 19, 2006 - Page 2
d. The topography of the lot or parcel and the effect of the requested action on
erosion, soil retention, water retention, and diversion or increased flow of surface
water.
3. Pursuant to requirements of the California Environmental Quality Act (CEQA) of 1970,
this project is a Categorical Exemption, Class 3 (Section 15303: Minor Alterations to
Land), as the project involves minor grading and tree removal.
NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
1. On the basis of the evidence presented, both oral and documentary, the City Council makes
the following findings:
a. The subject oak tree is in close proximity to a proposed fence on the subject
property.
b. The denial of the proposed tree removal permit creates an unreasonable hardship on
the property owner which prevents the construction of a fence. Additionally, the
care and maintenance of the tree is an unreasonable hardship on the property owner.
C. Removal of the subject tree will not diminish the historic value, scenic beauty, or
general welfare of the area or neighborhood.
d. The removal of the tree will not negatively affect the topography of the lot or
parcel and the effect of the requested action on erosion, soil retention, water
retention, and diversion or increased flow of surface water will also result in no
negative impacts.
2. The City Clerk shall certify as to the passage of this Resolution.
APPROVED on this 19`" day December, 2006.
0
ZACase Files\TREE PERMIT\2006\06-08 1007 S. Sunkist Ave\CC\CC Reso- Approval.doc
I
Resolution No.
Tree Removal Permit 06-08
December 19, 2006 - Page 3
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Laurie Carrico, City Clerk of the City, of West Covina, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 19`h day of December, 2006.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATE: December 19, 2006
EXPIRATION DATE: December 19, 2007 If not used.
APPROVED AS TO FORM:
City Clerk
City Attorney
ZACase Files\TREE PERMIT\2006\06-08 1007 S. Sunkist Ave\CC\CC Reso- Approval.doc
d tv ED
DECEIVED
NOV 21 MI NE
CITY CLERK'S OFFICE
0
ATTACHMENT 4
Nov. 18, 2006
CITY OF WEST COVINA Reason for Removal
This oak tree is not a native of this area, it was planted by the owner that threw out
some acorn nut about 40 to 45 years ago. And the one that grew just happen to be on the
property line. I guess no one thought that the tree was going to be so big or damage the
fence like it has. I don'.t wa"to put another new fence in just to have it damaged by the
tree since it is right on the property line and in the way of the new fence. The tree makes
a mess with all it leaves and nuts. The leav&&have sharp edges on them that are
dangerous to kids that play out there with there bare feet and when you are cleaning them
up.
Gary Preston
1007 S. Sunkist Ave.
West Covina, CA. 91790'
(626) 337-7350
ATTACHMENT 5
PLANNING COMMISSION
RESOLUTION NO. 0 6— 5 1 8 4
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST
COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING
DIRECTOR AND DENYING TREE REMOVAL PERMIT NO.06-08
TREE REMOVAL PERMIT NO.06-08
CATEGORICAL EXEMPTION
APPLICANT: Gary Preston
LOCATION: 1007. S. Sunkist Avenue
WHEREAS, there was filed with this Commission a verified application on forms
prescribed by the Commission, a request for a tree removal permit to remove an oak tree, on that
certain property generally described as:
Assessor's Parcel No. 8468-003-009, as listed in the records of the office of the Los
Angeles County Assessor; and
WHEREAS, the Planning Commission, did on the 14'' day of November, 2006, conduct a
public hearing as prescribed by law to consider said application; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
The applicant is requesting approval to remove an oak tree in the rear yard. The tree
is located near the northerly property line. . The oak tree has a diameter of
approximately four feet and a height of approximately 50 feet. The property is
located within Area District I.
2. Appropriate findings for approval of a tree removal permit are as follows:
a. The condition of the tree creates a dangerous situation with respect to
disease, damage, danger of collapse of all or any portion of the tree,
proximity to an existing or proposed primary structure, and interference
with utility services, age or remaining life span and whether or not the tree
acts as a host for a plant which is parasitic to other species of trees which
are in danger of being infested.
b. Basd on the size, shape, -topography and existing trees upon the lot, the
denial of the permit would create an unreasonable hardship on the property
owner (i.e., prohibit the construction of a primary structure or deny a
property right possessed by other property in the same vicinity and zone).
C. The number, species, size, and location of existing trees in the area and the
effect of the requested action in terms of providing shade, protection from
wind, air -pollution reduction, historic value and scenic beauty upon the
health safety, aesthetics, and general welfare of the area or neighborhood.
d. The topography of the lot or parcel and the effect of the requested action
on erosion, soil retention, water retention, and diversion or increased flow
of surface water.
Z:\Resos\2006 resos\06-5184 Tree Removal Permit 06-08.doc
Planning Commission Resolution No. 06-5184
Tree Removal Permit 06-08 e
November 14, 2006 - Page 2
3. Pursuant to requirements of the California Environmental Quality Act (CEQA) of
1970, this project is a Categorical Exemption, Class 3 (Section 15303: Minor
Alterations to Land), as the project involves minor grading and tree removal.
NOW, THEREFORE, the Planning Commission of the City of West Covina does resolve as
follows:
1. On the basis of the evidence presented, both oral and documentary, the Planning
Commission makes the following findings regarding the administrative use permit:
a. The subject oak tree is a healthy tree with a full leaf canopy and no sign of
disease or parasitic infestation.
b. The I denial of the proposed tree removal permit does not create an
unreasonable hardship on the property owner which prevents the
construction of a primary structure or the enjoyment of rights possessed by
other; property owners in the same vicinity and zone.
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the . Planning
Commission of the City of West Covina, at a regular meeting held on the 14th day of November,
2006, by the following vote:
AYES: Thrasher, Satelo, Fisher, Redholtz, Rozatti
NOES: None
ABSENT: None
ABSTAIN: None
DATE: November 14, 2006
Colleen B. R tti, Ch ' erson
Planning Commission
1. McI§aac, Secretary
Commission
Z:\Resos\2006 resos\06-5184 Tree Removal Permit 06-08.doc
ATTACHMENT
6 AGENDA
ITEM NO.: D-1
DATE: November 14, 2006
PLANNING DEPARTMENT STAFF REPORT
APPEAL OF TREE REMOVAL PERMIT NO.06-08
CATEGORICAL EXEMPTION
APPLICANT: Gary Preston
LOCATION: 1007 S. Sunkist Avenue
I. DESCRIPTION OF APPLICATION
The applicant is requesting the approval of a tree removal permit to allow the removal of an
oak tree in the rear yard of a single-family residence. The Municipal Code requires a tree
removal permit to allow the removal of "Significant Trees." The property is located within
the "Single -Family Residential' (R-1) Zone, Area District I.
II. ' STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution upholding the decision
of the Planning Director and denying Tree Removal Permit No. 06-08,
III. ENVIRONMENTAL DETERMINATION
Pursuant to requirements of the California Environmental Quality Act (CEQA) of 1970,
this project is a Categorical Exemption, Class 3 (Section 15303: Minor Alterations to
Land), as the project involves minor grading and tree removal.
IV.' SUMMARY OF DATA
Zoning: "Single -Family Residential' (R-1), Area District I
General Plan: "Suburban Residential' (2.1 — 4.0 dwelling units per acre)
Surrounding Zoning and Land Use:
North: "Single -Family Residential' (R-1); Single -Family Residential
West: "Single -Family Residential' (R-1); Single -Family Residential
South: "Single -Family Residential' (R-1); Single -Family Residential
East: "Single -Family Residential' (R-1); Single -Family Residential
Courtesy notices have been mailed to 5 owners/occupants of properties located within 100
feet of the subject site.
V. PROJECT DESCRIPTION AND ANALYSIS
The applicant is requesting approval of a tree removal permit to allow the removal of an
oak tree in the rear yard in order to construct a fence. The lot is 15,975 square feet in size
and located on Sunkist Avenue near Garvey Avenue South. The subject property is
ZACase Files\TREE PERMIT\2006\06-08 1007 S. Sunkist Ave\Staff Report PC.doc
Tree Removal Permit No. 06-08
1007 South Sunkist Avenue
November 14, 2006 - Page 2 of 2
developed with a residence, garage, and workshop. The applicant has communicated to
staff that he is requesting removal of the oak tree to allow for the installation of a fence
along the northerly property line. The tree is approximately 60 feet from the workshop in
the rear, and approximately 120 feet from the house. The oak tree is located near the
northerly side property line in the rear yard, and is approximately 20 feet from the rear
property line.
Oak trees that are located anywhere on a lot and have a caliper of six inches or more are
defined as "Significant Trees" in the West Covina Municipal Code. The subject tree is
approximately 50 feet tall with a diameter of approximately four feet. In order to remove
"Significant Trees" from private property, the code requires that the applicant obtain a
tree removal permit from the Planning Department. An application for removal of the
tree was submitted by the applicant, however, it was denied by the Planning Department.
The Municipal Code establishes criteria that are required to be met before a tree removal
permit is granted. Reasons for granting a tree removal permit include unreasonable hardship
on a property owner (i.e., prohibit the construction of a primary structure) or in
circumstances when a diseased or damaged tree poses a threat to life or property. Staff does
not feel that the request for a tree removal permit reasonably meets the criteria set forth by
the Municipal Code. Therefore, the proposed tree removal permit was denied.
VI. STAFF RECOMMENDATION
Staff recommends. that the Planning Commission adopt a resolution upholding the decision
of the Planning Director and denying Tree Removal Permit No. 06-08.
P1�EPARED BY:
MiguelkN6ez
Planning Intern
REVIEWED AND APPROVED:
Attachment 1 — Resolution
Attachment 2 — Appeal Letter
Attachment 3 — Denial Letter
Attachment 4 — Tree Preservation Ordinance
ZACase Files\TREE PERMrMO06\06-081007 S. Sunkist Ave\StaffReport PC.doc
ATTACHMENT 7
Oct. 5, 2006
City of West Covina
Planning Dept.
I would like to appeal to the Planning Commission on the Tree Removal Permit 06-08.
Since I will be gone for the October Panning Meeting I would like to make arrangements for the
November 14 meeting.
Thank You
Gary Preston
1007 S. Sunkist Ave.
West Covina
626-337-350
RECEIVED
OCT 1 3.2006
PLANNING DE
4•
ATTACHMENT 8
Planning Department
October 2, 2006
Gary Preston
1007 S. Sunkist Avenue
West Covina, Ca 91790
Re: Tree Removal Permit 06-08
1007 Sunkist Avenue
Staff has reviewed the request to remove one Oak tree (Quercus) at the rear of 1007 S. Sunkist
Avenue. The tree is approximately 50 feet in height with a diameter of 3 t/2 feet. On October 2,
2006 Tree Removal Permit 06-08 was denied.
The Zoning Code establishes criteria that are required to be met before a tree removal permit is
granted. Reasons for granting a tree removal permit include, but are not limited to, unreasonable
hardship on a property owner (i.e., prohibit the construction of a primary structure) or if a diseased
or damaged tree poses a threat to life or property. Staff review of Tree Removal Permit 06-08 has
determined that the criteria set forth by the Zoning Code have not been met, and therefore the tree
removal permit has not been granted.
If you would like to.appeal the decision of the Planning Director, you may submit a letter of appeal
to the Planning Department within 10 days of the date on this letter. Your appeal will subsequently
be scheduled at a Planning Commission meeting to be determined.
If you have any questions, please contact Miguel Nunez of the Planning Department at (626) 939
8422.
Sincerely,
Douglas . McIsaac
Plannin irector
ZACase Files\TREE PERM IT\2006\06-0 8 1007 S. Sunkist Ave\Denial.doc
1444 W. Garvey Avenue South • PO Box 1440 • West Covina, CA 91793 • Phone (626) 939-8422 • Fax (626) 939-8667
4