RES-11062 Denying Tree Removal PermitRESOLUTION NO. 11062
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DENYING TREE APPEAL,
WHICH UPHOLDS THE DECISION OF THE CITY
MANAGER TO DENY A PERMIT TO ALLOW THE
REMOVAL OF A CANARY ISLAND PINE TREE
LOCATED AT 400 EAST CHAPMAN AVENUE.
APPELLANT: WILLIAM WARNE
WHEREAS, the application for a permit to allow removal of a Canary Island Pine Tree
at 400 East Chapman Avenue was filed by the appellant in accordance with the provisions of
City of Orange Municipal Code Chapter 12.32; and
WHEREAS, the Community Services Director and the City Manager denied the tree
removal permit request; and
WHEREAS, on November 16, 2017, the Appellant filed a Notice of Appeal, in
accordance with the provisions of Orange Municipal Code Chapter 12.32, seeking to overturn
the decision of the City Manager; and
WHEREAS, the City Council conducted a public hearing on January 9, 2018, at which
time interested persons had an opportunity to testify either in support of, or opposition to, the
appeal, seeking to overturn the denial of a request for a permit for tree removal at 400 East
Chapman Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
hereby denies the Tree Appeal of appellant, and upholds the decision of the City Manager, to
deny the request to remove a Canary Island Pine tree at 400 East Chapman Avenue, based on the
following findings:
SECTION 1— FINDINGS
1. 400 East Chapman Avenue is a property of public interest because:
a) Its location on Chapman Avenue within the Old Towne Historic District, is on a
prominent corridor street leading into the Plaza,
b) The scale and size of the Canary Island Pine Tree is in balance and accord with the
other mature trees that line the Chapman Avenue corridor, both east and west of the
property and provide a significant value to the surrounding and adjacent landscape
and distinctive prominent streetscape,
c) The property is in close proximity to the City's historic Old Towne Plaza and the
preservation of the streetscape is a priority for the Old Towne Preservation
Association.
2. This Canary Island Pine Tree has historical value because:
a) The tree appears to have connection to the tall pine trees planted in Plaza Park,
contributing to the landscape and streetscape of the corridor streets leading into the
Plaza,
b) The removal of this very tall and impressive tree would have a significant impact,
detracting from the beauty and attractiveness of the area and neighborhood,
c) The tree is visible from Chapman Avenue, as well as nearby side streets,
d) The tree adds to the historical character of the landscape and streetscape of the City.
3. This tree does not meet the criteria for issuing a permit for removal because:
a) The condition of the tree appears to be very good with respect to disease and general
health, and appears to be firmly rooted,
b) Mature pine trees such as this one, exist throughout the City and regular trimming,
pruning and routine maintenance of the trees can mitigate the potential for falling or
blowing over in a wind storm,
c) The tree was recently trimmed, and based upon a City inspection there appears to be
no sign of any damage to the property or structure resulting from the tree,
d) No reliable evidence was presented to support an argument that the tree presents an
immediate danger to the public, utility services, or the structure located at 400 East
Chapman Avenue.
ADOPTED this 13th day of February 2018.
ATTEST:
Mary E. Mu 'ty Clerk, , ' nge
tercr'QE. Smith, Mayor, City of Orange
Resolution No. 11062 2
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 13th day of February 2018, by the following
vote:
AYES:COUNCILMEMBERS:Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:Alvarez
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E y, City Clerk, City range
Resolution No. 11062