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HomeMy WebLinkAboutCC Res 7099 2021-01-11RESOLUTION 7099 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE AN EUCALYPTUS TREE PERMIT FOR THE LAMPSON AVENUE BIKE LANE GAP CLOSURE PROJECT, CIP ST1811 WHEREAS, the City was awarded an Active Transportation Grant for the Lampson Avenue Bike Lane Gap Closure project (Project), to install a bike lane along the eastbound and westbound directions of Lampson Avenue to eliminate the gap between Seal Beach Boulevard and Basswood Street; and, WHEREAS, the proposed bike lane alignment will require the removal of three (3) eucalyptus trees (Trees) at the northeast intersection corner of Seal Beach Boulevard and Lampson Avenue; and, WHEREAS, pursuant to Seal Beach Municipal Code (SBMC) Sections 9.40.015 and 9.40.020, eucalyptus trees may not be removed from City property except upon issuance of a Eucalyptus Tree Permit approved by the City Council; and, WHEREAS, pursuant to SBMC Section 9.40.020(8), the City Council may approve or conditionally approve a Eucalyptus Tree Permit if the proposed work is consistent with the public health, safety and welfare, and in making such determination, the City Council shall consider specified factors, including but not limited to, tree condition with respect to disease, risk of falling and potential danger to life, property or a grove; number of trees that can adequately be supported on the subject property; extent of tree interference with existing utility services, streets and highways; effect of the proposed work on erosion, soil retention, surface water flow and neighboring properties; and feasibility of alternative development plans that do not jeopardize the trees; and, WHEREAS, on December 3, 2020, the City of Seal Beach caused to be published a legal notice in the Seal Beach Sun, a local newspaper of general circulation, indicating the date, time and location of the public hearing on the proposed Eucalyptus Tree Permit to remove the Trees, in compliance with the SBMC and state law; and, WHEREAS, on December 14, 2020 and January 11, 2021 the City Council held a duly noticed public hearing to consider the application for the proposed Eucalyptus Tree Permit and following the receipt of all testimony, closed the public hearing. All persons present who wished to address the Council regarding the matter were permitted to do so. Based on substantial evidence in the entire record of the hearing, the City Council finds the following facts to be true. A. The City Arborist has found the Trees to be in decline, and recommends removal in light of the risk of the trees falling and potential danger to life and property; and, B. Removal of the Trees is also necessitated by and part of the City's Lampson Avenue Bike Trail Gap Closure Project because the proposed bike trail alignment is the most feasible alternative due to the pending 1-405 Widening Project, which includes modifications to the existing intersection; and, C. The City Arborist recommends the installation of six (6) new eucalyptus trees. WHEREAS, the State of California has determined that this Project has no significant impacts on the environment as defined by the National Environmental Policy Act (NEPA), and that there are no unusual circumstances as described in 23 CFR 771.117(b); and, WHEREAS, the State has further determined that this Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 (c) (existing facilities) and section 15304(h) (minor alterations to land) of the State CEQA Guidelines; and, WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves an Eucalyptus Tree Permit for the removal of Trees for the Project, pursuant to Seal Beach Municipal Code Section 9.40.020, and the planting of six (6) new eucalyptus trees. SECTION 2. The City Council hereby authorizes and directs the Director of Public Works to issue the Eucalyptus Tree Permit. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of January, 2021 by the following vote: AYES: Council Members Kalmick, Varipapa, Moore, Sustarsic._ Massa-Lavitt NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Ka mick, Maydr v' 51M ■'d-. Gloria D. Har r, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7099 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of January, 2021. idiu� -'-� - loria D. Harp , City Clerk