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11.01 Tree Removal Permit Appeal1. SUBJECT Appeal of denial of a tree removal permit at 400 E. Chapman. 2. SUMMARY The Community Services Department issued a letter on October 12 to the property owner of 400 E. Chapman Ave. denying the request to remove a single Canary Island Pine tree based on the condition of the large mature tree appearing healthy and firmly rooted. It was determined that the presence of the large pine tree, tying into the Chapman corridor and Plaza Park, makes the property endowed with a public interest. The City Manager reviewed an appeal application submitted on October 23, and upheld the denial in a letter to the applicant dated November 7. An appeal of the City Manager denial was filed on November 16 by Mr. William Warne, requesting City Council hear 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 Mr. William Warne, the property owner at 400 E. Chapman Ave., requesting a permit to remove a single large Canary Island Pine tree from the property. The request was based on the property owner's safety concern during Santa Ana winds, a desire to re- landscape the property, and the sense that the tree is large and out of scale with the building and property. 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 the presence of the large pine tree, tying into the Chapman corridor and Plaza Park, makes the property endowed with a public interest. After review by the Community Services and Community Development Departments, as well as separate site inspections by both the City's Senior Landscape Coordinator and City 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 tree, the scale and size of the tree is 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 directions of this building /property, as well as the entire downtown area of Orange. The tree appears to have connection with the tall pine trees planted in Plaza Park and was most likely planted at the same ITEM 2 1/09/2018 time. The removal of this very tall and impressive tree would have a significant impact on the beauty and attractiveness of the area and neighborhood. The tree is visible from Chapman Avenue, as well as nearby side streets. 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 that this property, more specifically the noted pine tree, is of public interest. The condition of the tree appears to be very good with respect to disease and general health, and appears 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. The tree was recently trimmed, and there is no sign of any damage to the adjoining building resulting from the tree. OMC 12.32.120 provides an opportunity for the applicant to appeal staff's decision. The applicant submitted an appeal to the City Manager on October 23. The City Manager upheld the denial noted in his letter dated November 7. An appeal was then filed on November 16, requesting the City Council consider the item. The two denial letters, as well as the appeal application are attached for reference. City Council considered a similar appeal of the denial of a tree removal permit for three Canary Island Pine Trees located directly across Chapman Ave. at 513 E. Chapman Ave. on June 13, 2017. Several members of the public spoke in favor of keeping the trees, in support of the property /trees being endowed with public interest. On that occasion, City Council upheld the denial. 8. ATTACHMENTS • Orange Municipal Code Chapter 12.32 — Tree Preservation • October 12, 2017 Community Services denial letter • November 7, 2017 City Manager denial letter • Appeal Application ITEM 3 1/09/2018 CITY COUNCIL MINUTES JANUARY 9, 2018 8. REPORTS FROM CITY MANAGER City Manager Otto provided an update on the Yorba Park project. It is nearing completion and staff is looking at a grand re- opening of April 7, 2018. 9. LEGAL AFFAIRS 9.1 An Ordinance amending Chapter 17.34 of the Orange Municipal Code to modify the City's Off - Street Parking and Loading Requirements for Multi- Family Residential Uses. Ordinance No. 06 -17 (Second Reading). (A2500.0) An Ordinance of the City Council of the City of Orange amending Chapter 17.34 of the Orange Municipal Code to modify the City's Off - Street Parking and Loading Requirements for Multi- Family Residential Development. MOTION — Smith SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 06 -17 be read by title only and same was approved and adopted by the preceding vote. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. PLANNING AND ENVIRONMENT 11.1 Appeal of a denial of a tree removal permit at 400 E. Chapman Ave. (A4000.0) Community Services Director Bonnie Hagen provided the staff report and noted that Council recently considered a similar appeal and upheld the denial of a tree removal permit for canary island pines at 513 E. Chapman Avenue. Public Speakers: Paula Meyer, attorney for William Warne — spoke on behalf of her client and submitted a letter requesting Council to approve the tree removal permit. William Warne, appellant —spoke in support of Council approving a tree removal permit. PAGE 9