Resolution - 2006-102RESOLUTION NO. 2006-102
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 South 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; and
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 areas 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.
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.
Resolution No. 2006-102
December19,2006
NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
SECTION NO 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 inclose 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.
SECTION NO 2. That the approval of the conditional use permit is subject to the following
conditions:
a. The tree to be removed is one 50-foot tall Oak tree located at the rear of the property.
b. Provide proof that the tree is located on the property at 1007 S. Sunkist Avenue or
written consent from the neighboring property owner allowing the removal of the tree.
c. Comply with all applicable sections of the West Covina Municipal Code.
d. If any work is to be performed in or from the public right-of-way, notify and obtain
clearance, if necessary, from the Public Works Department prior to removal of the
tree.
SECTION NO 3. The City Clerk shall certify as to the passage of this Resolution.
ATTEST:
•
PASSED AND APPROVED on this 19`h day of December 2006.
1 6AAJ--
Aayor Michael Touhey
Resolution No.2006-102
December19,2006
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, 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, by the following
vote of the City Council:
• AYES: Herfert, Hernandez, Lane, Touhey
NOES: None
ABSENT: Sanderson
ABSTAIN: None
City CIA Laurie Carrico
EXPIRATION DATE: December 19. 2007 if not used.
APPROVED AS TO FORM:
4-4z-
City Attorney mold Alvarez-Glasman