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.
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