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Home My WebLink About03-56 - Resolutions RESOLUTION NO. 03-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE CITY PLANNER'S APPROVAL OF TREE REMOVAL PERMIT NO. DRC2003-00070, ALLOWING THE REMOVAL OF 37 TREES ON 37 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) IN THE ETIWANDA SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF EAST AVENUE AND BANYAN STREET, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0225-181-04, 06, 07, 08, and 43. A. Recitals. 1. KB Home filed an application for a Tree Removal Permit DRC2003-00070, requesting the removal of 37 trees along the southern project boundary for Tract 16116 located at the southwest comer of East Avenue and Banyan Street, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tree Removal Permit request is referred to as "the application." 2. On the 10th day of February 2003, the City Planner conditionally approved the application subject to replacement planting consisting of 15-gallon size Eucalyptus macu lata'Spotted Gum' be planted 8 feet on center along the south property boundary. 3. Jim and Liann Souza timely appealed the decision of the City Planner. 4. On the 26th day of March 2003, the Planning Commission of the City of Rancho Cucamonga conducted a meeting to consider the appeal. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced meeting on March 26, 2003, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the removal of 37 Eucalyptus globulus'Blue Gum'trees, straddling the southern project boundary of Tract 16116 generally located at the southwest comerof Banyan Street and East Avenue; and b. The application is the second Tree Removal Permit associated with Tract 16116. The first, Tree Removal Permit DRC2002-00471 was approved by the Planning Commission in conjunction with their July 10, 2002, approval of Tentative Tract Map SUBTT16116; and C. Pursuant to the Rancho Cucamonga Municipal Code Section 19.08.060,an arborist report was submitted in conjunction with the subject Tree Removal Permit (Jim Borer, January 13, 2003); and PLANNING COMMISSION RESOLUTION 03-56 DRC2003-00070— KB HOME TREE REMOVAL PERMIT APPEAL March 26, 2003 Page 2 d. Staff analyzed the application, inspected the subject property, and reviewed the recommendations of the certified arborist; and e. The trees are in danger of collapse, and are in proximity to existing structures. Pursuant to the Rancho Cucamonga Municipal Code Section 19.08.060, an arborist report was prepared (Jim Borer, January 13, 2003). The report states that all of the identified Eucalyptus trees "possess structural qualities of decline, including the presence of various deficiencies that relate a susceptibility to failure and or eventual collapse. These characteristics include weak and or awkward branching patterns, main stem dieback, basal decay, deformity based upon growing in the under- story of adjacent trees, and reaction wood indicating the presence of internal fractures between branches...The presence of the existing residential structure to the south of these trees and the proposed improvements otherwise present potential targets of opportunity should failure occur creating imminent hazard of damage and or injury." and f. The trees cannot be preserved by pruning and proper maintenance or relocation rather than removal. The arborist report concluded that: "Even with some remedial pruning the potential for shear and/or failure cannot realistically be removed from this grouping of mature specimen Eucalyptus." Eucalyptus globulus 'Blue Gum' trees are not suitable candidates for transplantation. The arborist report for the adjoining Tract 16116 (Jim Borer, March 18,2002)states: "based upon the nature of the Eucalyptus, there is no relocation option herein. The extremely large size of the Eucalyptus specimens combined with the species specific qualities of Eucalyptus make them illogical candidates for relocation;" and g. The permit notification letter was sent to all property owners adjacent the southern project boundary. This activity is consistent with the Rancho Cucamonga Municipal Code Section 19.08.070.B.5. Further, staff met with the appellant and spoke with one other neighbor; and h. The City Planner approved the subject Tree Removal Permit on February 10,2003, with the condition that windrow replacement consisting of 15-gallon size Eucalyptus maculata 'Spotted Gum'be planted 8 feet on center along the south property boundary, in accordance with the Etiwanda Specific Plan. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The trees are diseased and in danger of collapse of all or any portion.The trees are located near existing structures, including the appellant's property. b. The removal of the trees is necessary to construct the public Community Trail along the southerly boundary of Tract 16116 as required by the conditions of approval for said tract map. C. There are many Eucalyptus trees in the neighborhood; however, the replacement planting required would maintain the established character of the area. d. The removal of the trees is necessary to construct the Community Trail within the dedicated public right-of-way. e. The trees cannot be preserved by pruning and proper maintenance or relocation. PLANNING COMMISSION RESOLUTION 03-56 ORC2003-00070— KB HOME TREE REMOVAL PERMIT APPEAL March 26, 2003 Page 3 f. The Etiwanda Specific Plan, Figure 5-13, does not designate the subject trees for preservation. g. The removal of the trees is consistent with the stated goal of the Etiwanda Specific Plan, Section 5.41.100 to perpetuate a windbreak system in Etiwanda through protection of selected windrows in key areas and replacement and expansion of the system through planting of new Spotted Gum Eucalyptus windrows. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the appeal and upholds the City Planner's approval, including all conditions as contained in the approval letter dated February 10, 2003. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF MARCH 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: Zlawf'�-4 )91el 'e arty T. Nipl, Chairman ATTEST: rad Bull creta I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 26th day of March 2003, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS