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HomeMy WebLinkAboutPC Res 99-06 - 1999-04-21 . . RESOLUTION NUMBER 99 - 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING EUCALYPTUS TREE PERMIT 99-1 (BIXBY OLD RANCH TOWNE CENTER PROJECn THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On March 17, 1999, Bixby Ranch Company (the "Applicant") filed applications with the Department of Development Services for permits to remove eucalyptus trees as a component of the Bixby Old Ranch Towne Center project development. Section 2. ' 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 99-1 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 3 A duly noticed public hearing was held before the Planning Commission on April 7, 1999, and continued to April 21, 1999, to consider the application for Eucalyptus Tree Permit 99.1. 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 4. indicates the following. The record of the hearing of April 7 and April 21, 1999 a On March 17, 1999, Bixby Ranch Company (the "Applicant") filed applications with the Department of Development Services for permits to remove eucalyptus trees as a component of the Bixby Old Ranch Towne Center project development. b. 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, located at the northeast and southeast corners of Seal Beach Boulevard and Lampson Avenue, as approved by the City Council in November, 1998 More specifically, the following eucalyptus tree removals have been requested i:l Area A ShoDDing Center - Permit request to remove all eucalyptus trees within this area (Note' this permit does not include any eucalyptus trees within the 40' wide windrow to be dedicated by right or easement to the City) The report of the arborist indicates there are 100 eucalyptus trees subject to the permit requirements within this area, and all of these trees will be removed i:l Area B InstitutionaVhoteVrestaurant - Permit request to remove 84 eucalyptus trees within this area (Note: this permit does not include any eucalyptus trees within the greenbelt area to be dedicated by right or easement to the City) The report of the arborist indicates there are 96 eucalyptus trees subject to the permit requirements within this area, and 12 of these trees will be retained C \My DoeumentslRESOlEucelypluB Permd 99-1 PC ReB. doe1LWI04-22-99 . . Planlllllg CommtsslOn ResolutlOn No 99-6 Eucalyptus Tree PermIt 99-1 April 21. 1999 lJ Area C: Golf Course - Permit request to remove 121 eucalyptus trees within this area. The project applicant indicates there are 334 eucalyptus trees subject to the permit requirements within this area, and 113 of these trees will be retained c. 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 in 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 d. Chapter 7D of the Code of the City of Seal Beach sets forth the standards for the granting of eucalyptus tree permits. e. The City Council adopted ''MitIgation Monitoring 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 99-1 (5 mitigation measures), and are incorporated herein by reference. f. The report of the arborist, Greg Applegate, indicates the following regarding the subject eucalyptus trees, by area: lJ Area A - all or nearly all of the eucalyptus have been topped or severely headed, many appear to be composed of stump sprouts and almost no seedling are growing In this area. Swollen bases Indicate Internal decay on many of the eucalyptus As one would expect, trees that have had poor care or have been topped have generally lower ratings. Almost no trees were rated at 10. The average structural condItIOn was 5.67%. The average health rating was 5.98%. The average root condition was 5.66. Topped trees are rarely rated over 5 and topping effects both the structural COndItIOn, the health and root conditIOn. In thIS project many trees are in poor health, most have been topped, others have advanced decay from poor pruning In the past, and stIll others have defects that are not correctable. Trees have life-spans and this stock of trees IS, due to improper pruning and envlronmentalfactors, in effect "elderly". lJ Area B - In contrast to the findings of the EIR, all or nearly all of the eucalyptus have been topped or severely headed and almost no seedling are growing In thIS area. The eucalyptus growing along the SIde of the San DIego Freeway are topped very severely because they are under the power lines. OtherwIse thIS group of trees IS in slightly better condItion than Area A. As one would expect, trees that have been pelted by golf balls or have been topped have generally lower ratings. No trees were rated at 10. The average structural conditIOn was 4.77%. The average health rating was 5.05. The average root condItion was 4.66. Topped trees are. rarely rated over 5 and topping effects both the structural condition, the health and root condition. As a group the trees In Area B have grown past muJdle age and are In the latter part of their lives. In this project many trees are In poor health or have been topped, and still others have defects that are not correctable. Trees have life-spans and thIS stock of trees IS, due to improper prumng and envIronmental factors, In effect "elderly". Trees that are in ObVIOUS, irreversible decline or are conspicuous hazard trees are recommended for removal. " Section 5 Based upon the facts contained in the record, including those slated in ~4 of this resolution and pursuant to Chapter 7D of the City's Code, the Planning Commission makes the following findings Eucalyptus Penmt 99-1 PC ReIO 2 . . Planmng CommISSIon Resolul1oll No 99-6 Eucalyptus Tree Perml199-1 April 2/. /999 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 99-1, a request to remove 305 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: IJ The condition of the eucalyptus tree(s) with respect to disease. dam!er of falling. and proximity to existing or proDOsed structures As indicated by the consulting arborist, regarding the trees within Area A" . all or nearly all of the eucalyptus have been topped or severely headed, many appear to be composed of stump sprouts and almost no seedlmg are growmg m thIS area. Swollen bases Indicate internal decay on many of the eucalyptus As one would expect, trees that have had poor care or have been topped have generally lower ratings. Almost no trees were rated at 10. The average structural condItion was 5.67% The average health rating was 5.98%. The average root condItIOn was 5.66. Topped trees are rarely rated over 5 and topping effects both the structural condItIOn, the health and root condItIOn. In thIS project many trees are m poor health, most have been topped, others have advanced decay from poor pruning m the past, and stIll others have defects that are not correctable. Trees have life-spans and thIS stock of trees is, due to Improper pruning and enVIronmental factors, m effect "elderly". The consulting aroorist indicates the following for the trees within Area B "In contrast to the findings of the ElR, all or nearly all of the eucalyptus have been topped or severely headed and almost no seedling are growing m this area. The eucalyptus growmg along the SIde of the San Diego Freeway are topped very severely because they are under the power lines. Otherwise this group of trees IS In slightly better condItIOn than Area A. As one would expect, trees that have been pelted by golf balls or have been topped have generally lower ratings. No trees were rated at 10. The average structural conditIOn was 4.77%. The average health ratmg was 5.05. The average root condItIOn was 4.66. Topped trees are rarely rated over 5 and toppmg effects both the structural condItIon, the health and root COnditIOn. As a group the trees in Area B have grown past mIddle age and are m the latter part of theIr lives. In thiS project many trees are in poor health or have been topped, and still others have defects that are not correctable. Trees have life-spans and this stock of trees is, due to improper pruning and environmentalfactors, m effect "elderly". Trees that are in obVIOUS, IrreverSible decline or are conspicuous hazard trees are recommendedfor removal. " IJ The interference dr trees with existing utility services and/or streets and highways: As indicated by the consulting arborist, "The eucalyptus growmg along the Side of the San Diego Freeway are topped very severely because they are under the power lmes." IJ The number of trees which the affected pronertv can adequately support under good forestry practices: Area A is approximately 25-acres in area and the required tree replacement program would require a total of 400 new eucalyptus trees to be provided to replace the 100 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 Area B is approximately 13.7 acres in area, including the 5-acre greenbelt area to be dedicated in fee or by easement to the City, and the required tree replacement program would require a total of 336 new eucalyptus trees to be provided to replace the 84 existing trees to be removed, either within or immediately adjacent to this proposed I development. The site is adequate in size and shape to accommodate this number of trees. Area C is approximately 150 acres in area and will comprise the reconfigured Bixby Old Ranch Golf Course, and the required Euoalyplul Permit 99-1 PC ReI. 3 . . P/allmng CommISSIon Reso/ultoll No 99-6 Eucalyptus Tree Perm.t 99-1 Aprl/21. 1999 tree replacement program would require a total of 484 new eucalyptus trees to be provided to replace the 121 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 305 eucalyptus trees are requested to be removed, and 1,220 new eucalyptus trees will be required to be planted in accordance with the adopted "mitigation measures". c The extent to which alternative develQpment plans which do not endanger trees cannot achieve the same intensity of uses as the pCQpOSed olans. and the extent to which the cost of alternative develQJ.lment plans is prohibitive: 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 ElR. The City ~ouncil ultimately determined to certify the ElR, approve the project, and adopt the appropriate Statement of Findings and Overriding 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. Further, the report of the project arborist indicates, "In the "MatrIX of Fmdmgs" and recommendations a large number of trees have been recommended for removal. While tree preservatIOn is a worthwhile and economIcally attractIve goal, there are many instances where the cost of preservation outweIghs future benefits to be gamed In this project many trees are m poor health, most have been topped, others have advanced decay from poor pruning m the past, and stIll others have defects that are not correctable. Trees have ltfe-spans and this stock of trees is, due to improper pruning and environmental factors, m effect "elderly ". Trees that are in obvious, IrreversIble declme or are hazard trees are recommended for removal. c. Reguired adherence to applicable mitigation measures 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" for the requested eucalyptus tree removals Section 6 Based upon the foregoing, the Planning Commission hereby approves Eucalyptus Tree Permit 99-1, subject to the following conditions 1. Eucalyptus Tree Permit 99-1 is approved for the following tree removals within Areas A, B and C c Area A' ShopDing Center - Permit request to remove all eucalyptus trees within this area (Note this permit does not include any eucalyptus trees within the 40' wide windrow to be dedicated by right or easement to the City) There shall be no more than 100 eucalyptus trees removed from this area A total of 400 new eucalyptus trees shall be provided to replace the 100 existing trees to be removed, either within or immediately adjacent to this proposed shopping center development. c Area B InstitutionallhoteVrestaurant - Permit request to remove 84 eucalyptus trees within this area (Note this permit does not include anyeeucalyptus trees within the greenbelt area to be dedicated by right or easement to the City) There are 96 eucalyptus trees subject to the permit requirements within this area, and not more than 84 of these trees are permitted to be removed. A total of 336 new eucalyptus trees shall be provided to replace the 84 existing trees to be removed, either within or immediately adjacent to this proposed development. c Area C Golf Course - Permit request to remove 121 eucalyptus trees within this area. The project applicant indicates there are 234 eucalyptus Eucalyptus Permrt 99-1 PC Res. 4 . . Planmng CommISSIon Resoluhon No 99-6 Eucalyptus Tree Perm.t 99-1 Aprll21, 1999 trees subject to the permit requirements within this area, and 113 ofthese trees will be retained Not more than 121 trees shall be removed in this area. A total of 484 new eucalyptus trees to be provided to replace the 121 existing trees to be removed, either within or immediately adjacent to this proposed development. 2 All eucalyptus tree removals and the replanting program shall be in accordance with the reports submitted by the consulting arborist, Greg Applegate, relating to Area A and Area B, respectively dated February 19, 1999 and March 10, 1999. 3 Not more than 100 trees shall be removed from Area A. Not more than 84 trees shall be removed from Area B. Not more than 121 trees shall be removed from Area C. 4. All eucalyptus tree removals shall be in compliance with Mitigation Measures G-Il, G-13, M-4, M-5 and M-6, as adopted by the City Council on November 23, 1998 5 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 6. A modification of this Eucalyptus Tree Permit shall be obtained when the property owner proposes to modii)' any of the conditions of approval for this Eucalyptus Tree Permit. 7 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. 8. 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 2101 day of ADril , 1999, by the following vote' AYES' Commissioners Cutuli, Larson, Lyon and Chairman Brown NOES' Commissioners None ABSTAIN. Commissioners Hood Bria Brown, MD Chairman ofthe Planning Commission Eucelyptu. Pemul99-1 PC Reo. 5 . Whittenberg Secretary of the Planning Commissio Euc:aJyplUB Pmmt 99-1 PC ReI. 6 . Plallnmg CommISSIon Resoluholl No 99-6 Euca/yp/us Tree PermIt 99-1 April 21, 1999