SR - - TREE REMOVAL PERMIT AT 513 E CHAPMAN AVENUE1. SUBJECT
Appeal of a denial of a tree removal permit at 513 E. Chapman.
2. SUMMARY
The Community Services Department issued a letter on May 25 to the property owner of 513 E.
Chapman Ave. denying the request to remove three Canary Island Pine trees based on the
condition of the large mature trees appearing healthy and well rooted. It was determined that the
presence of the three large pine trees, tying into the Chapman corridor and Plaza Park, makes the
property endowed with a public interest. An appeal of the denial was filed by Councilmember
Alvarez on May 25, requesting City Council hearing of the item.
3. RECOMMENDED ACTION
Request that the City Council consider the appeal.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOAL(S)
3. Enhance and promote quality of life in the community.
a. Refurbish, maintain, develop and /or expand public use places and spaces.
6. GENERAL PLAN IMPLEMENTATION
Cultural Resources Element Goal 1.0: Identify and preserve potential and listed historic
resources, including buildings, structures, objects, sites, districts, and archaeological
resources citywide.
Policy 1.6
Promote the preservation of cultural and historical resources controlled by governmental
agencies, including those related to City, School District, and other agencies.
7. DISCUSSION and BACKGROUND
Background
Orange Municipal Code (OMC) Chapter 12.32 — Tree Preservation was established to regulate
the removal and destruction of trees from undeveloped property and public interest property, the
removal of which is more likely to have an adverse effect upon the surrounding environment.
The chapter provides a statutory scheme for tree preservation in the city. A copy of OMC
Chapter 12.32 is attached for reference.
Discussion
Staff was contacted by the owner of the property at the northwest corner of Chapman Avenue
and Shaffer Street (513 E. Chapman Avenue, the former Jason's on the Circle building)
requesting a permit to remove three Canary Island Pine trees from the property, as a new tenant
(Woody's Diner) was soon going to be leasing the building. The reason given for the requested
removal was her property insurance company had requested it. After discussion with the
Community Services Department Senior Landscape Coordinator, the property owner, Gina
Oklejas, later modified her request to remove only the two trees closest to the front of the
building.
OMC 12.32.030 requires a permit to remove a tree from public interest property, which includes
property where trees of historic value become endowed with public interest. Staff determined that
these Canary Island Pine trees were such trees. After extensive review by the Community
Services, Community Development and City Manager's office, as well as a site inspection by the
City's arborist, the request for removal was denied based on the criteria included in OMC
12.32.070.
Upon reviewing the request with the Community Development Director, he determined that the
property is a "public interest property" per OMC 12.32.030 due to its location of being on
Chapman Avenue within the Old Towne Historic District. As for the trees, the scale and size of
the trees are in balance and accord with the other mature trees that line and border Chapman
Avenue, both east and west of the property and provide a significant value to the surrounding and
adjacent landscape. Mature trees characterize the properties, landscapes and streetscapes in all
ITEM 2 6/13/2017
directions of this building /property, as well as the entire downtown area of Orange. These trees
appear to have connection with the tall pine trees planted in Plaza Park and were most likely
planted at the same time. The removal of these very tall and impressive trees would have a
significant impact on the beauty and attractiveness of the area and neighborhood. The trees are
visible from Chapman Avenue, as well as Shaffer Street. The property is in close proximity to
the City's historic Old Towne district and tree preservation is a priority for the Old Towne
Preservation Association. These items combined support staff's conclusion this property, more
specifically the three pine trees, is of public interest.
In addition, the condition of the trees appear to be very good with respect to disease and general
health, and they appear to be firmly rooted. Mature pine trees exist throughout the city and
regular trimming, pruning and maintenance of the trees can mitigate the potential for falling or
blowing over in a wind storm. These trees and the surrounding landscape would benefit from
regular maintenance.
During the review process, staff spoke with Ms. Oklejas several times and provided her an
opportunity to submit a report from a certified arborist to support the need for removal, or a
contractor indicating what, if any, physical damage the trees may be causing to the building. To
date, the City has not received anything from the applicant to support the need for the tree
removal.
OMC 12.32.120 provides an opportunity for the applicant, or a member of City Council, to
appeal the decision. Councilmember Alvarez submitted an appeal, requesting the City Council
consider the item. The initial denial letter, as well as the appeal request is attached for reference.
18. ATTACHMENTS I
• Orange Municipal Code Chapter 12.32 — Tree Preservation
• Denial letter dated May 25, 2017 to Ms. Gina M. Oklejas
• Appeal request from Mike Alvarez dated May 25, 2017
ITEM 3 6/13/2017