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HomeMy WebLinkAboutPC Res 99-20 - 1999-05-17 RESOLUTION NUMBER 99 - 20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING EUCAL yprus TREE PERMIT 99-2 (BIXBY OLD RANCH TOWNE CENTER PROJECT) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On May 21, 1999, Bixby Ranch Company (the "Applicant") filed a request with the Department of Development Services for authority to remove eucalyptus trees as a component ofthe Bixby Old Ranch Towne Center project development Section 2 On June 23. 1999, this application was scheduled for public hearing before the Planning Commission The subject application was tabled by the Planning Commission at the request of the applicant/property owner The applicant/property owner have requested this matter to now be considered by the Planning Commission Section 3 Pursuant to 14 Calif Code of Regs ~ 15305 and ~ II B of the City's Local CEQA Guidelines, the Planning Commission determines as follows The application for Eucalyptus Tree Permit 99-2 for the Bixby Old Ranch Towne Center project is within the scope of the project analyzed in the Bixby Old Ranch Towne Center EIR, certified by the City Council on November 23, 1998, through the adoption of City Council Resolution No 4660 Said resolution and the Findings and Statement of Overriding Considerations are incorporated herein by reference Section 4 A duly noticed public hearing was held before the Planning Commission on May 3, 2000, to consider the application for Eucalyptus Tree Permit 99- 2. At the public hearing the applicant spoke in favor of the request, with persons appearing both in favor of and in opposition to the request Section 5 The record of the hearing of May 3, 2000 indicates the following a On May 21, 1999, Bixby Ranch Company (the "Applicant") filed a request with the Department of Development Services for authority to remove eucalyptus trees as a component of the Bixby Old Ranch Towne Center project development b On June 23, 1999, this application was scheduled for public hearing before the Planning Commission The subject application was tabled by the Planning Commission at the request of the applicant/property owner The applicant/property owner has requested this matter to now be considered by the Planning Commission c Specifically, the applicant is proposing to remove eucalyptus trees on the subject property as a component of the Bixby Old Ranch Towne Center project implementation, the area subject to this permit request being the 40'-wide eucalyptus wmdrow located easterly of Seal Beach Boulevard and north of Lampson Avenue, as approved by the City Council in November, 1998 d. More specifically, the subject area comprises the frontage area along Seal Beach Boulevard from Lampson Avenue north to approximately the previous driveway location of World Bank, approximately 2,000 feet. The subject area encompasses the existing 40'-wide eucalyptus windrow along the Bixby Old Ranch Golf C \My Documcntlo\RESO\Euc Pernllt 99-2 Arproval PC Re..o doc\LW\OS-17-00 Planmng Comml.l.llon Resolullon No 99-20 Eucalyptus Tree Permit 99-2 Bixby Old Ranch Towne Cenler - Eucalyptus Wmdrow May 17, 2000 Course and the proposed Bixby Old Ranch Towne Center (Development Areas "A" and "e") e On April 21, 1999, the Planning Commission approved Revised Site Plan Review 98-1, which reduced a previously approved commercial shopping center from a maximum of 299,000 square feet to a maximum of 286,967 square feet at Development Area "A" of the Bixby Old Ranch Towne Center Project. This approval also set forth the driveway entrance/exit points into the shopping center f More specifically, the applicant is proposing to remove 67 of 223 eucalyptus trees greater than 12-inches in diameter, measured 45 feet above grade, in conjunction with the proposed Bixby Old Ranch Towne Center Project (Development Areas "A" and "C"). The areas where the trees will be removed are within the eucalyptus grove area along the east side of Seal Beach Boulevard, north of Lampson Avenue The eucalyptus trees recommended for removal comprise 3004% of the eucalyptus trees subject to the permit requirements, and are recommended for removal for the following reasons o Street/driveway entrance removals o Sight lIne removals o Bus Stop removals o Building Pad removals o Other removals 35 trees 15 trees 8 trees 7 trees 2 trees g The City Council approved on November 23, 1998, the appropriate resolutions and adopted the appropriate ordinances which certified the EIR for the project and approved requests by the Bixby Ranch Company for General Plan amendments, zone changes, subdivision map approvals and development agreement approvals to conform the General Plan land use designations and zoning of the subject area to conform to the proposed uses of land set forth m thiS application The EIR evaluated the impacts of the tree removals and the City Council adopted mitigation measures relating to the anticipated eucalyptus tree removal requests h Chapter 7D of the Code of the Citv of Seal Beach sets forth the standards for the granting of eucalyptus tree permits i The City Council adopted "MItigatIOn Momtorlng Program" for the Bixby Old Ranch Towne Center project establishes a number of specific action measures which have been proposed to reduce the identified environmental impacts of the requested eucalyptus tree removals to a level of insignificance in relation to this development application The applicable mitigation measures are conditions of approval for Eucalyptus Tree Permit 99-2 (5 mitigation measures), and are incorporated herein by reference. j The report of the arborist, Greg Applegate, indicates the following regarding the subject eucalyptus trees o "In contrast to the findings In the EII~ all or nearly all of the eucalyptus have been topped or severely headed and almost no seedlings are growing in thIS area. As a group these trees are In poor and declining conditIOn for several reasons common to all. they are mfested WIth psylluJs; they have been topped; they are crowded; and there IS no irrigatIOn system" (Page 3)" o "There IS a hIgh degree of hazard due to falling limbs on or In the W'V' of pasSing motorists River gums have a htstory and reputatIOn for dropping limbs, even on calm weather days. Please see eucalyptus failure charts in the appendIX. In addttlOn the past pnmlng practice, and the fact that many trees are leaning over, or have branches hanging over Seal Beach Boulevard, makes the.\'e trees e~pec/Qlly hazardous. For these reasons the con~7tllant would recommend removmg thts entire windrow and replanting Euc Penmt 99.2 Approval PC Relo 2 Planmng ComnllsslOn ResolutIOn No 99-20 Eucalyptus Tree Permit 99-2 BIxby Old Ranch Towne Center - Eucalyptus Wmdrow May 17, 2000 new trees. However, because the city considers this a historic asset and is wlllmg to take the risk of mal1ltammg then near the street, I have been mstructed to preserve 70 percent of the trees over 12 mches and work to decrease the hazard" (page 4) o "The structural conditIOn, health, and root condition ratmg was evaluated in 0 to 10 format. A dead tree would be rated at 0 and a near perfect tree would be rated at 10. As one would expect, trees that have no Irrigation and poor care have generally lower ratmgs No trees were rated at 10. The average struclllral condition was 4.30%. The average health ratmg IS 4.70%. The average root condttlOn IS 4.25. Topped trees are rarely rated over 5 and toppmg effects both the structural condition, the health and root condmon. As a group the trees m the windrow have grown past muidle age and are in the latter part of their ltves. They have sparse foliage, reduced growth, dead branches and occasionally decay" (page 4) o "In the original Horticultural RecommendatIOns partlOn of the "MatriX of Findmgs" a large lmmber of trees were recommended for removal for horticultural and safety reasons, about 46 percent. One hundred seventy three were recommended for preservatIOn, about 54 percent. The final recommendatIOn column reflects thiS consultants conformmg to the City'S commitment to preserve 70 percent Trees have life-spans, long life-spans if well spaced and cared for, or short-life spans if crowded and topped This stock of trees IS, due to tmproper pnmmg and environmental factors, IS m effect "elderly". However, due to the City's commitment such trees shall be retamed" (page 6)" o "The present arrangement of the wmdrow had an Irrigated golf course m close proximity to one stde of the windrow. In the n~'W site use It will be hard to proVide the current ammmt of soil volume, and a large source of water will be removed Roots Will be cut along the Inside edge of the windrow to complete the curb edge of the parkmg lot or over-excavatIOn of the bU/ldmg pads. Typical reqUIrements of over excavatIOn and compactIOn will eltminate much of the sotl volume and connection to the Irrigated turf area. If the 40 foot Wide area tS left as is, Without IrrigatIOn and mfested With p~ylltds, It wtll not be ~lifficlent to preserve these trees. Smce the average diameter of these trees IS about 18 mches, an area 18 feet to the east of the eastern most trees should also be protected and fenced off." (page 18) Section 6 Based upon the facts contained in the record, including those stated in ~5 of this resolution and pursuant to Chapter 7D of the City's Code, the Planning Commission makes the following findings. a The requested eucalyptus tree removal permits are within the scope of the analysis contained within the Bixby Old Ranch Towne Center Environmental Impact Report, certified by the City Council on November 23, 1998, and no further environmental analysis is required b. Eucalyptus Tree Permit 99-2, a request to remove 67 eucalyptus trees within the Bixby Old Ranch Towne Center project area is consistent with the standards for granting permits of Chapter 7D of the Code of the City of Seal Beach for the following reasons o The condition of the eucalvDtus tree( s) with respect to disease. danger of falling. and proximity to existing or proDosed structures As indicated by the consulting arborist, ''In contrast to thefindl1lgs m the ElR, all or nearly all of the eucalyptus have been topped or severely headed and almost no seedlmgs are growing m this area. As a group these trees are in poor and declmmg condition for several reasons common to aU: they are infested with p~yllids; they have been topped; they are crowded; and there tS no irrigation ~ystem". Euc Penml99-2 Approval PC ReloO 3 Plannmg CommISSIOn ResolutIOn No 99-20 Eucalyptus Tree Permit 99-2 B/)my Old Ranch Towne Center - Eucalyptus Wmdrow May 17, 2000 The consulting arborist also indicates the following for the trees' "The structural condttlOn, health, and root condItIOn rating was evaluated m 0 to 10 format. A dead tree would be rated at 0 and a near perfect tree would be rated at 10. As one would expect, trees that have no IrrlgatlOn and poor care have generally lower ratmgs. No trees were rated at 10. The average stmctural condition was 4 30%. The average health ratmg tS 4.70%. The average root conditIOn IS 4.25. Topped trees are rarely rated over 5 and topping effects both the stmclllral condition, the health and root condmon. As a group the trees in the windrow have grown post middle age and are In the latter port of thetr lives They have sparse foltage, reduced growth, dead branches and occasionally decay. " o The interference of trees with existing utility services and/or streets and hie:hways: As indicated by the consulting arborist, "There IS a high degree of hazard due to falling limbs on or m the way of passmg motortsts. River gums have a history and reputation for droppmg limbs, even on calm weather days. Please see eucalyptus fa/lure charts In the appendix. In additIOn the past pmnmg practice, and the fact that many trees are leaning over, or have branches hangmg over Seal Beach Boulevard, makes these trees especially hazardous. For these reasons the consultant would recommend removmg thts enttre wmdrow and replantmg new trees. However, because the city conMders thiS a histOriC asset and IS willing to take the risk of maintamlng then near the street, I have been Instmcted to preserve 70 percent of the trees over 12 Inches and work to decrease the hazard. " o The number of trees which the affected Droperty can adequately support under e:ood forestIy practices: Area A is approximately 25-acres in area and the required tree replacement program would require a total of 188 new eucalyptus trees to be provided to replace the 47 existing trees to be removed, either within or immediately adjacent to this proposed shopping center development. The site is adequate In size and shape to accommodate this number of trees The Golf Course is approximately 158 acres in area, includmg the greenbelt area to be dedicated in fee or by easement to the City, and the required tree replacement program would require a total of 80 new eucalyptus trees to be provided to replace the 20 existing trees to be removed, either within or immediately adjacent to this proposed development. The site is adequate in size and shape to accommodate this number of trees. Overall, a total of 67 eucalyptus trees are requested to be removed, and 268 new eucalyptus trees will be required to be planted in accordance with the adopted "mitigation measures". o The extent to which alternative development plans which do not endanger trees cannot achieve the same intensity of uses as the prooosed plans. and the extent to which the cost of alternative develollment plans is Drohibitive: The City Council considered several alternatives to the approved project which were discussed and evaluated within the "Alternatives" section of the Bixby Old Ranch Towne Center EIR. The City Council ultimately determined to certify the EIR, approve the project, and adopt the appropriate Statement of FIndings and Overridmg Considerations. The requested eucalyptus tree removal permits are within the scope of the certified EIR and reflects the project as approved and as conditioned by the City Council in its adoption of the "Mitigation Monitoring Program. Subsequently, the Planning Commission approved Revised Site Plan 98-1, which approved the overall Site development plan for Development Area "A", the shopping center, including building pad and driveway locations. Further, the report of the project arborist indicates, "In the orlgmal Horticultural RecommendatIOns portIOn of the "Matnx of Findings" a large number of trees were recommended for removal for horticultural and safety reasons, about 46 perce"', One hundred seventy three were recommended/or preservation, about 54 percent. The final recommendatIOn column reflects thiS consultants Euc Penmt 99.2 Approval PC Relo 4 Planning Commission Resoluhon No 99-20 Eucalyptus Tree Permit 99-2 BIxby Old Ranch Towne Center - Eucalyptus Windrow May 17,2000 conformmg to the city's commitment to preserve 70 percent. Trees have life- spans, long if life-5pans if well 5paced and cared for, or short-life spans if crowded and topped ThiS stock of trees /5; due to Improper pnmmg and enVIronmental factors, IS In effect "elderly". However, due to the City's commitment such trees shall he retained" c Required adherence to applicable mitigation measures and recommendations of the consulting arborist will ensure that all appropriate actions to reduce environmental impacts to a level of insignificance are completed and an adequate number of replacement trees will be provided in accordance with the adopted "MitigatIOn Monitoring Program" and the recommendations of the consulting arborist for the requested eucalyptus tree removals Section 6 Based upon the foregoing, the Planning Commission hereby approves Eucalyptus Tree Permit 99-2, subject to the following conditions. I Eucalyptus Tree Permit 99-2 IS approved to remove 67 of 223 eucalyptus trees greater than 12-inches in diameter, measured 4 5 feet above grade, in conjunction with the proposed Bixby Old Ranch Towne Center Project (Development Areas "A" and "C") The areas where the trees will be removed are within the eucalyptus windrow area along the east side of Seal Beach Boulevard, north of Lampson Avenue The eucalyptus trees recommended for removal comprise 30 04% of the eucalyptus trees subject to the permit requirements, and are recommended for removal for the following reasons. o Street/driveway entrance removals. o Sight line removals o Bus Turnout removals' o Roadway Realignment o Other removals 35 trees 15 trees 8 trees 7 trees 2 trees 2 All eucalyptus tree removals and the replanting program shall be in accordance with the "Horticultural Recommendations" recommended in accordance With the report submitted by the consulting arborist, Greg Applegate, dated May 19, 1999, as set forth below, and as revised by staff . No vehicles, equipment, materials, fuels, soils, excess concrete or other debris, liquid or solid, shall be dumped or stored iH sr HeM Within J 8 feet Q[ the trees to be preserved SigHS SilSlilti lie "silted ts ~ilis eWeet These areas shall he clearly Identified In accordance with Mltt'latlOn Measure G-6. . Trees marked "Remove" must be removed carefully and skillfully by properly trained and equipped arborists so as to not damage trees to be preserved . The vigor and internal hydration of each tree to remain was tested using a Shigometer and the readings SilSlilti shall be retested monthly and compared to new readings to monitor stress and to schedule irrigation during the construction process and one year following completion . Irrigation of the trees to remain SilSlilti lie lIegt:1H shall heflln as soon as the other trees are removed and SilSlilll shall be monitored by a qualified horticulturist and arborist monthly during construction and for two years after replanting. As the weather changes and/or Shigometer readings indicate stress, the watering schedule must be changed . Irrigation of the trees must be by surface-laid drip or mini-spray system Line shall be run between rows of trees Mulch should be applied and maintained over flex lines for camouflage . Fertilizer is not recommended unless a deficiency becomes visually apparent Euc Pcnmt 99~2 Approval PC Reso 5 Plannmg CommiSSIOn ResolutIOn No. 99-20 Eucalyptus Tree Permit 99-2 Bixby Old Ranch Towne Center- Eucalyptus Wmdrow May 17,2000 . A removal and replacement program should be begun to replace the existing trees over a five year period with another species of eucalyptus not susceptible to psyllids However, this is not possible while preserving 70 percent . The pattern of replacement should begin at the southern most area where the new trees will get the most sun and wind protection The replacement should be in minimum 100 foot long sections removing and replacing 20 percent per year . A pruning program should be established to keep the trees from becoming too densely foliated before they have adjusted to their new wind loads A program of restructuring topped trees must be implemented to develop better branch attachment . A set of pruning specifications shall be produced to control the above work . All pruning shall be continually supervised by a "ISA Certified Arborist" . Contact and stay in contact with Jocelyn Millar, Professor of Entomology and Chemical Ecology, University of California, Department of Entomology, Riverside, CA 92521,909-787-5821, to be a candidate for early release of natural predators of the psyllids . Contact and stay in contact with Rincon- Vltovia Insectaries (800-248- 2847) to be notified If they develop or introduce predators 3 Not more than 67 trees shall be removed from the subject area, in accordance with the report submitted by the consulting arborist, Greg Applegate, dated May 19, 1999 4 All eucalyptus tree removals shall be in compliance with Mitigation Measures G-Il, G-B, M-4, M-5 and M-6, as adopted by the City Council on November 23, 1998. 5 The subject parking lot area shall be designed in such a manner as to preserve a minimum landscaped area of 18-feet from tree numbers 72, 73, 75, 77 and 80 to the compacted parking lot areas This can be accomplished by providing landscape islands within the parking lot design to accommodate the recommended open space buffers around the potentially impacted trees These areas to be protected during final site preparation activities in accordance with the report submitted by the consulting arborist, Greg Applegate, dated May 19,1999 6 A Eucalyptus Windrow Preservation Plan shall be prepared by a hcensed arborist or a landscape architect and submitted to the Department of Development Services and the Street Tree Division of the Public Works Department for review and approval prior to or concurrent with tentative parceVtract maps or grading permits Said plan shall include a long-term maintenance and financing component which shall be included in the Development Agreement to be executed between the project proponent and the City of Seal Beach 7 This Eucalyptus Tree Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed 8 A modification of this Eucalyptus Tree Permit shall be obtained when the property owner proposes to modify any of the conditions of approval for this Eucalyptus Tree Permit Eue Permrt 99.2 Approval pc ReloO 6 Plannmg CommiSSIOn ResolutIOn No 99-20 Eucalyptus Tree PermIt 99-2 Bixby Old Ranch Towne Center - Eucalyptus Wmdrow May 17, 2000 9 The Planning Commission reserves the right to revoke or modify this Eucalyptus Tree Permit if any violation of the approved conditions occurs, any violation of the Code of the Citv of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Code of the Citv of Seal Beach 10. This Eucalyptus Tree Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the / 7 ~ day of /J?I9-Y , 2000, by the following vote . AYES' Commissioners JOe.. (/1IeJ.J0 CLJTVL~I &.NO.L7oA/ )/00t) NONIE NOES' CommIssioners ABSENT Commissioners ... David Hood, Ph D Chairman of the Planning Comm' sion ~(A~ e Whittenberg Secretary of the Planning Commission Eu. Pcnmt 99-2 A(lJIfOval PC RClo. 7