HomeMy WebLinkAbout04-50 - Resolutions RESOLUTION NO. 04-50
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL
PERMIT DRC2004-00201, LOCATED AT 7638 PEPPER STREET IN THE
LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE); AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 0208-711-13.
A. Recitals.
1. Mr. Fred Sanchez filed an application on March 1, 2004, forthe approval of Tree Removal
Permit DRC2004-00201, 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. The City Planning Department investigated the site and evaluated the application as
specified in Section 19.08.060 of the Tree Preservation Ordinance.
3. On the 11th day of March 2004, the City Planning Department denied the application by
letter.
4. This decision was timely appealed by the applicant.
5. On the 28th day of April 2004, the Planning Commission of the City of Rancho
Cucamonga conducted a meeting on the application and concluded said meeting on that date.
6. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission
of the City of Rancho Cucamonga as follows:
2. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
3. Based upon the substantial evidence presented to this Commission during the
above referenced meeting on April 28, 2004, including written and oral staff reports,this Commission
hereby specifically finds as follows:
a. The application applies to property located at 7638 Pepper Street, which
contains a Mexican Fan palm tree, approximately 40 feet in height, in the front yard that qualifies as
a heritage tree under the City's Tree Preservation Ordinance(Rancho Cucamonga Municipal Code,
Chapter 19.08). The tree is located approximately 7 feet from the existing single-family residence on
the site; and
b. The tree has not been properly maintained as evidenced by the dead fronds
wrapping the trunk almost to the base of tree.
C. Heritage trees are protected by the City's Tree Preservation Ordinance,which
states that the goal is to preserve healthy trees as a valuable natural resource, which helps to define
the community's character. Trees provide scenic beauty, prevent soil erosion, provide shade,
maintain temperate climate, provide wind buffer, and act as a filter to remove pollution from the air;
and
PLANNING COMMISSION RESOLUTION NO. 04-50
DRC2004-00201
May 12, 2004
Page 2
d. The City's Tree Preservation Ordinance establishes three criteria for
evaluating requests to remove trees: 1) Poor health, danger of collapse, proximity to an existing
structure, or interference with utility services; 2) Necessity to remove in order to construct
improvements, and 3) The number of trees in the neighborhood and the effect the removal would
have on character of area and property values; and
e. The applicant desires to re-landscape and reconstruct the irrigation system
on-site for the purpose of selling the property. The proposed irrigation lines would be located in the
area of the tree; and
f. The applicant desires to construct a brick wall along the interior side property
line, and the tree is located on or near this property line.
4. Based upon the substantial evidence presented to this Commission during the above-
referenced meeting 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 tree is in close proximity to the existing residence; and
b. The proposed removal of the tree is necessary to construct a brick wall and
install irrigation lines; and
C. There are only two Palm trees in this neighborhood; hence, they are not the
predominant tree species that establish the character of the street scene. The planned property
improvements that require removal of the tree would increase the value of the property.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby approves the application subject to each and every condition set forth
below.
Planning Division
1) Approval is granted for the removal of one Mexican Fan palm tree
located in the front yard.
2) One replacement tree, minimum 24-inch box size, shall be planted
within 60 days of removal. The location and species to be determined
by property owner.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: k w
arty T. cNiel, Vice Chairman
PLANNING COMMISSION RESOLUTION NO. 04-50
DRC2004-00201
May 12, 2004
Page 3
ATTEST:
Brad B , ecreta
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 12th day of May 2004, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS