HomeMy WebLinkAbout2011/10/26 - Agenda Packet • THE CITY OF RANCHO CUCAMONGA
Cx HISTORIC PRESERVATION COMMISSION
AGENDA
RANCHO
CUCAMONGA OCTOBER 26, 2011 - 7:00 PM
•
Rancho Cucamonga Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, California
I. CALL TO ORDER
Pledge of Allegiance
Roll Call
Chairman Munoz, Vice Chairman Howdyshell
• Fletcher_ Wimberly_ Oaxaca _
II. APPROVAL OF MINUTES
October 12, 2011 Regular Meeting Minutes
III. DIRECTOR'S REPORTS
A. U OF R
UNDERGROUNDING PDATE ON THE STATUS OF SOUTHERN PLANS CAFOLIFORNIA TRENCHING EDISO/ N
UTILITY LINES ON 6730 HELLMAN AVENUE, NEAR THE
HELLMAN AVENUE STREET TREES.
IV. PUBLIC COMMENTS
This is the time and place for the general public to address the commission. Items to be
discussed here are those that do not already appear on this agenda.
. V. COMMISSION BUSINESS/COMMENTS
• VI. ADJOURNMENT
4�7r�... HISTORIC PRESERVATION COMMISSION •
Lb AGENDA
ei
RANCHO OCTOBER 26, 2011
COCAMONGA Page 2
I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga,
or my designee, hereby certify that a true, accurate copy of the foregoing agenda was
posted on October 20, 2011, at least 72 hours prior to the meeting per Government Code
Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga.
ire,,i4vi .r (1.0
Please turn off all cellular phones and pagers while the meeting is in session.
Copies of the Planning Commission agendas and minutes can be found at
http://www.CitvofRC.us
•
•
•
giIf you need special assistance or accommodations to participate in this meeting, •
please contact the Planning Department at (909) 477-2750. Notification of 48
hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility. Listening devices are available for the hearing impaired.
.
Vicinity Map
• Historic Preservation
Commission Meeting
October 26 , 2011
A
--'
r. . . -,3 rfn i
�i y d E a o c i I
:F:
€ j
co Ico
U ( I i,®
1
4 c o III
Ilk. 1
19th St � �•L_-- -.ism
s
't
Base Line n• rBase Line
r`r Church
Church„min
.. `w 1� rte%, i
Foothill • �� / Foothill
Arrow l, C i Arrow
3 Mi
8th '/
w
W
y ._.._.
.
o t.' m co c :6th
N
0 6th I i r d Y A
4th t . .
4th
0
• * Meeting Location:
City Hall
10500 Civic Center Drive
•
CITY OF RANCHO CUCAMONGA
•
HISTORIC PRESERVATION COMMISSION MINUTES
Regular Meeting
October 12, 2011
Chairman Munoz called the Regular Meeting of the City of Rancho Cucamonga Historic
Preservation Commission to order at 7:00 p.m. The meeting was held in the Council Chambers at
Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California.
Chairman Munoz then led in the pledge of allegiance.
ROLL CALL
- COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz,
Francisco Oaxaca, Ray Wimberly
ABSENT: None
STAFF PRESENT: Steven Flower, Assistant City Attorney; Dan James, Senior Civil Engineer;
Lois Schrader, Planning Commission Secretary; Mike Smith, Associate
Planner; James Troyer, Planning Director; Tabe Van der Zwaag, Associate
Planner
• ANNOUNCEMENTS
None
APPROVAL OF MINUTES
Motion: Moved by Wimberly, seconded by Fletcher, carried 5-0, to approve the minutes of
September 28, 2011.
PUBLIC COMMENTS
Dallas Cooper, 6754 Hellman Avenue, referred to the recent historic designation of trees on
Hellman Avenue by the City Council on September 7, 2011. He said there is a possible plan by
Edison to trench near the newly designated historic trees. He expressed concern that the trees
would be damaged and the work would also infringe on his property.
Luana Hernandez expressed concern that work could be done on Saturday when no staff is
available to intervene.
•
•
•
COMMISSION BUSINESS AND COMMENTS •
Chairman Munoz stated that the Commission cannot speak to this further because it is not on the
agenda. He asked that staff look at this and prepare a report for a future agenda.
James Troyer, Planning Director, noted that this is the first time staff was notified of a trenching plan
on Hellman Avenue. He assured Mr. Cooper that staff would make a site visit tomorrow and meet
with Engineering to determine what permits may be needed and to review the plan prior to any work
being performed. He also said staff would call Edison and the contractor tomorrow to intervene.
Dan James, Senior Civil Engineer concurred in that if they are digging in the street right of way, a
permit would be required.
Commissioner Wimberly asked if Edison has carte blanche on the right of way.
Mr. James said part of this is on the street right of way so they would have to get a permit for that
work.
Mr. Troyer conferred with Mr. James to determine if Engineering could red tag the work/get a stop
work order.
Mr. James said it is possible that Edison's contractor could do the work on a Saturday in spite of
them knowing the need for a permit.
Steven Flower,Assistant City Attorney said with respect to physically preventing the contractor from
doing that, there is not much that could be done legally until an actual violation is committed. •
Commissioner Fletcher said staff should call/e-mail Edison and the contractor about this.
Mr. Flower recommended the Commission not discuss this further, as it is not an agendized item.
Vice Chairman Howdyshell said she would like an update in a couple of weeks.
_ * * * *
ADJOURNMENT
Motion: Moved by Oaxaca, seconded by Wimberly, carried 5-0, to adjourn. The Historic
Preservation Commission adjourned at 7:15 p.m.
Respectfully submitted,
James R. Troyer, AICP
Secretary
Approved:
•
HPC Minutes -2- October 12, 2011
STAFF REPORT '
• PLANNING DEPARTMENT k
Date: October 26, 2011 RANCHO
CUCAMONGA
To: Chairman and Members of the Historic Preservation Commission
From: James R. Troyer, AICP, Planning Director
By: Mayuko Nakajima, Assistant Planner
Subject: UPDATE ON THE STATUS OF PLANS FOR TRENCHING/UNDERGROUNDING OF
SOUTHERN CALIFORNIA EDISON UTILITY LINES ON 6730 HELLMAN AVENUE, NEAR
THE HELLMAN AVENUE STREET TREES.
BACKGROUND: On September 7, 2011, the City Council voted to designate the Hellman Avenue Street
Trees as a historical landmark. Recently, at the October 12, 2011, Historic Preservation Commission
meeting, two members from the public voiced concern of possible trenching and undergrounding of
Southern California Edison (SCE) utility lines along the frontage of 6730 Hellman Avenue (Mr. Li's
property) within close proximity to the street trees that are historically landmarked. Staff performed a
field inspection on Thursday, October 13, 2011, to verify that no trenching had been performed without
first submitting for a permit from the Engineering Department and obtaining proper approval.
UPDATE: Plans have not been submitted for a permit yet. However, the Engineering Department has
obtained a set of SCE plans which shows the proposed location of the electrical service run and the
• connection point. This plan indicates a trench along the frontage of 6754 Hellman Avenue (Mr. Cooper's
property). The plans were routed to the Planning Department as well. Both the Engineering Department
and Planning Department had comments, which were forwarded to Mr. Li on September 15, 2011.
These comments were sent to Mr. Li so that when his contractor submits plans for the Engineering
permit all the issues may be properly addressed. The Planning Department is requesting that the plans
show specific requirements from the City Municipal Code Section 19.08.110— Protection of existing trees
(attached as Exhibit A) and that an arborist report be submitted to determine what the best mechanism is
to preserve existing trees.
The Engineering staff contacted Mr. Li on October 13, 2011, to confirm that no excavation work be
initiated in the City right-of-way without a permit. Mr. Li said he was aware of this and was waiting for the
arborist report before re-submitting the plans. The Engineering staff also contacted the SCE Planner.
Mr. Li was willing to go from his new service panel near the south side of his property and run a line to
the north side of his property to connect to the location of his previous service connection point. This run
would avoid the historical trees along Hellman Avenue. However, the SCE Planner explained that based
on the new load of the remodeled home, it is not feasible to serve Mr. Li from the north corner of his lot.
Other alternatives are being reviewed at this time.
If the landmarked trees were proposed to be removed or relocated for the project, a Certificate of
Appropriateness would be required, as mandated by the Historic Preservation Ordinance.
Staff awaits the arborist's report to see if there are any alternatives in preserving the trees while
connecting the service line for the property.
• RECOMMENDATION: Staff recommends that the Historic Preservation Commission file the report for
future reference. No action is needed at this time.
Item A
HISTORIC PRESERVATION STAFF REPORT
HELLMAN AVENUE TREES UPDATE
October 26, 2011
Page 2 •
Respectfully submitted,
i (21-(1.1s1, R_ jyuo.ri
James d Troyer, AICP
Planning Director
JRT:MN/ge
Attachment: Exhibit A - City Municipal Code Section 19.08.110 — Protection of existing trees
Exhibit B - Photos taken on October 13, 2011
•
•
•
A-2
19.08.110 - Protection of existing trees.
• Care shall be exercised by all individuals, developers and contractors working near preserved trees
so that no damage occurs to such trees. All construction shall preserve and protect the health of trees
to remain, relocated trees, and new trees planted to replace those removed in accordance with the
following measures:
A. All trees to be saved shall be enclosed by an appropriate construction barrier, such as
chain link fence or other means acceptable to the city planner, prior to the issuance of any
grading or building permit and prior to commencement of work. Fences are to remain in place
during all phases of construction and may not be removed without the written consent of the city
planner until construction is complete; and
B. No substantial disruption or removal of the structural or absorptive roots of any tree shall be
performed; and
C. No fill material shall be placed within three feet from the outer trunk circumference of any
tree; and
D. No fill materials shall be placed within the drip line of any tree in excess of eighteen inches
in depth. This is a guideline and is subject to modification to meet the needs of individual tree
species as determined by an arborist or landscape architect, and
E. No substantial compaction of the soil within the drip line of any tree shall be undertaken;
and
F. No construction, including structures and walls, that disrupts the root system shall be
• permitted. As a guideline, no cutting of roots should occur within a distance equal to three and
one-half times the trunk diameter, as measured at ground level. Actual setback may vary to meet
the needs of individual tree species as determined by an arborist or landscape architect. Where
some root removal is necessary, the tree crown may require thinning to prevent wind damage;
and
G. Eucalyptus windrows to be preserved shall have adequate provisions for deep watering and
limit surface watering within fifteen feet of trunk; and
H. The city planner may impose such additional measures determined necessary to preserve
and protect the health of trees to remain, relocated trees, and new trees planted to replace those
removed.
•
•
EXHIBIT A
A-3
0 : - .
•:LPL � ;"'P.'
Or. 'i , .,. 'e.4. 4 P .. �.�,-•..14 it.,.f ' ) v 4ai,y anti , f g�
-' . A ‘ l' t tti. ii 1 . . . •...:' ... C - -*" .! - . , • • •
.. , , •• o l' ' ( ' . ..
'ORO? .. 1r- ‘, II. t A If . ,..
f ,,. , , .
..7..., ... ii• A., ,„,../., .11-10 ..., ,
,..41; . . . _ _. A, A- ,e,"—, 42 •" . • • • .
a'... . -•,-.", .■, ' ) ' 44- - ,..,. %..'f'11,///4.r , 1 . 7 ''' .
'It
0 6754 Hellman Ave
II *,ti`4iirl�' f , f .`r' -.1` `2 41 '
it
f r • !� Y I ,
•
•
•� �fti: ,
at
Vile"' — .
L.' .• 1. _ Vii'
—....
• - -�.
EXHIBIT B t,-
A
.1. i:,.•..•.. . •, - '-. . .' 't ' . . •
i •
..1....* *..,.. . ' • ....,0*
• . . ,.. r,..
. .
. .:*- .,....
• : -....- s :.':tt.'.. -
0
.• •.•
.. _ ... : -•!'' "..,,, . -
i ,,,..' • . - 'kii. ' -.. "." .
, ..
.,,-ex -.vt.. -• . - ... . , .
- , --7-.'. •-.- . ) • .
.-,7:10,211....*:,._.4.;■...% %
. '
. ,
‘••■,.1
\ .. if ki, ,..; . .. , . ic, • .i.',, .
,„• -,••• ,,.. i..„,-,.4 .., •, c.„•...........
•
•
,it:••• •,_. 2 -
. . . . . ... ..
.7..•
'.. .
•
_, ,
,sw ,_._,, - i_.r■ _1 .- -
...-.• ,., 1162. 41..-•.-•-• ..:,
. --
. .,•„, . .-.7
., 1.....--.
. . . . ..
•••• .-.... :,...--•
--- —--
.•-- - ------ —
.....,:-. ...___.,_........
....... . . ....■ .
— -- .-.. ..-- ---- -•-•■•.-- •■•••--- .
■ -.-- INEIMINIS=. ,_ ,.
'''- -411101111111111.1'-lr '-.-
4181. .
. ■T
■olla.t.'': ■■--
6730 Hellman Ave
III
. ., ,,
';,„ '::-.;#4, . -• - ,-.. lio e officio-• ,,, .
..• 4 i •'-
.
• .4:."'Yr. ;."'..*: , ... •• •i' • ' • :''el •' .
, 'A ''' • : ' . V •
'.. ' . --•'. '4` '
"'4-;4. '.. l.tt. •, . . . _
s.• • . t f..7).•31!`fple. '' .t-A- • - , -. .'''.. . .•
. -
iff , ' -,,. , ,..N• .
i...• ...'4 .". ,• ,''.: `,_ 4-?L,' .
-''' .' ';1, . i'... .'t.• 4.r 4.,
..• . ,.
• •. '' .41144 . i, • t -,
..e4 'v.', , :, ' e,'• , .
'k • • , * ■... ..,,,..-..4.1
- • -': ;,,-..%:,-- .. .. .
. . - '.....';■-■ ■14 . , .
• ' .
. . . .-„:..
. ...•
... .. ,
, . . .
z..4.,--------
it:.
IOW - 1—- 1
I, 1
,:. ' -I Y,'-;- ".":‘.•
t..
. I ' :, ' •' -.
_
•.. __ L .
T ,
-
ii .
—— —
.... - _
....
_.. ..... _ .
•
A--5
St.Cont. Lic.#764621 TREE SERVICE WESTE R
BOB'S&� Robert Clearwater Wit,
�a, F�yrw zY
Certified Arborist S^ ,
(909) 599-7128 • Cell (909) 524-8000 x F
bobstreeservice.org
Name: ./ CLIP L N
Address: 673 0 /4. 67 � v CERTIFIED
City: /2: •C.
ARBORIST
'Expert Horticulturalist
Phone Numbers: 6 L_E/20 3 " /6/8 Trees Thinned Reducing Wind Damage •Pruning •Shaping
•Tree Removal •Stump Grinding •Medicating
'General Cleanup 'Weed Abatement to Fire Code
FREE ESTIMATES
Description Amount
t�, B. He) .Z/c d' .ua 2ti q
tiiu nac;av1 ( 6 7 c ci H n an“. K: G c y x
5071 , i30fi = /A aevrt.4., ` - r ,
2, .97-r_ge y .fierucfe, er. /
a v �s� !
c��� > ; .0 ,, me-u c..w i ��ne
4& . -, 'nt p^Lo-aLe-SA,2n�,r/�,,ALel,
�iym2iu < ai,"
/�-�'4"� ,fTi� G4-.:,//1hG'e✓I zl�..-�! � Gzi/VY-#"
I.'1.4 .7foa e_e J . ( 10"1A z nr ,/LU ifr/)
4,;4/ Ceta,trat
frt iVVVgzr6 -4
Payment is due upon completion of work unless other terms are written below. TOTAL
Bre. --
Authorization to do work Signature:
Windows Live Hotmail Print Message Page 1 of 1
6730 Hellman Ave. - New UG Meter and Service Design
From: Timothy.Keetle @sce.com
Sent: Mon 10/24/11 4:58 PM
To: sundancerc @hotmail.com
Cc: David.Morasse @sce.com
Good Afternoon, Mr. Cooper,
Per our meeting today to discuss an alternative route of the electrical service for 6730 Hellman Ave., we
have determined that we will be able to feed the residence from the existing hand hole located on the
North East corner of Mr. Lee's property. I will have the new design completed and approved with a new
work order map to Mr. Lee by this Friday 10-28-11. This will then allow Mr. Lee to produce to the City of
Rancho Cucamonga with our new design, which is less impactive on the eucalyptus trees fronting
Hellman Ave. East of Mr. Lee's property.
Please let me know if you have any further questions or if you need anything else.
Thanks.
Tim Keetle
Southern California Edison
Foothill SC Local Planning
7951 Redwood Ave.
Fontana, CA 92336
Office: 909-357-6221
Cell: 909-631-3817
Fax: 909-357-6185
•
http://sn135w.snt135.mail.live.com/mail/PrintMessages.aspx?cpids=10ce3c 15-fe9c-11 e0-... 10/25/2011
Windows Live Hotmail Print Message Page 1 of 1
6730 - Hellman Ave. - SCE Revised Work Order Map
From: Timothy.Keetle @sce.com
Sent: Wed 10/26/11 4:23 PM
To: sundancerc @hotmail.com
Cc: newinli @aol.com; David.Morasse @sce.com
1 attachment
6730 - Hellman Ave. - RC - Prelim Map.pdf(374.0 KB)
Good Afternoon, Mr. Cooper,
Per our conversation, below I have attached the"revised"work order map showing the new proposed
route for the electrical service conduit for 6730 Hellman Ave. As you will be able to see from the design,
we are proposing the new service to the home to be fed from the North East corner of the property from
an existing Hand Hole. This hand hole is located on private property between 6730 Hellman Ave. and
9275 19th St.. SCE will not be responsible for any of the excavation required for this project on the East
or West side of the street.. Mr. Yan Jun or his contractor will be responsible for all excavation, backfill,
and compaction for this project.
Please let me know if you have any further questions or if you need anything else.
Thanks.
Tim Keetle
Southern California Edison
Foothill SC Local Planning
7951 Redwood Ave.
Fontana, CA 92336
Office: 909-357-6221
Cell: 909-631-3817
Fax: 909-357-6185
•
•
http://sn135w.snt135.mail.live.com/mail/PrintMessages.aspx?cpids=79dc83ac-0029-11 el... 10/26/2011
If' 4 m '1 eilg°{ r°ao-� -
PIllq ° el li al €p a1 in {-o _o 1 ,lifif i , 1f
4.: m 840 `7I air 1:1?: 4S; yet F Ili
i i 1 t E' R
ii aq a a al-- 1" tl s° Fla n ;"
'n ill Pi �� 1 p i!t 1 ,'•J1 111 0,
F . .�
il 11 t t 8 s
1 t•
k°a si
s F pppcppp I .
8£ 1t= i3 1tt ..
8 ly"Kt . RI lit? fl <weaame. -+aewunau �
li e
i We°ii :a e k it t€ S
' - 11 1t
5 ft �'Jl — � a,
! -- ' \
Bm
S.r HELLMAN AVE
€ ° 9 L t ... i
i _ a? a9
! em 21 CI
i \
§ Ad11 0
1 t `a1
al 1'1� a 88
i'� p!H
11 =r 112 Ism '
�
� l
®so Ig
e®o l .0.m*8 II I 1
a it i I ei t,„. .z At i:4'
y5 ssy...,s,
6 F R t 'ill g g s
•gli 1a5 ti ] 2 _
1 in t Flit ct.t,'• 3 �$
ro..�l ill 111 lie:MI;' ,1 1 i-Fi f
lei ellg ant
F
P.t i'IF ! a. c
1 t gi 1i 1t: PI 141' g
§4! 'e Ix 11 Di WI 1121 R
F sill i aq
4� �
i °�� t m `8F {t+i9 ,i{ t p FI I (Pt 1 i..3 31 limn-if1 H r111 i'8; F i'F•t1`7{1 iN iz IF; y.ii f ; 1 q110 i F}ff ic t t1,1p jt 11' 11{ 11 1 'itfi 1111 }i llegg'1,ay :tf °t I 1 P ,' F t' P,t i F f i x' f.•t12 �'11„tt e13 i: s,t 1' 11 i ill' l It 1 1, •t 1F 1 13 1F {.,t{sir tr 1 !t@ 3{1,.€ ! i tt g1 S { ; . pit 1 gg 1{ ;!•{Stl x : ,i,i !'1i F!1 P{ :!{i• ..q s' f%' : et.1t t� 1 s 1:IF xi -F t. t t tt,` ti I''�1f*r1:'11 t' tiu a t t Ft� F Y {, {.,1•,�, ,Fa .1@i tit ; t 11.1 ;F It•1 iF I 1 1 { 1:t te i ,F1 ` 1 :,tl°,��s1ilitl t 1 l:,1 iF 1. 1 i hif ,
ex� �z a,, J ., , 31 i •1 . 1, F Pt. [ i f tat t .4a ill 1 in IF we
1, ' - hi a t 1 F, FF 1 { :1 di 1 '1 1 411 F•! ti mliii ; I i� i t. 1 i 111 ft. l I i I it[1ix {'r F a If1 1 'I F'1 14 1 F1i `f i Iii {lit 1, ill i It I.t. ., iE '` f t iiii tII !i1 �F i liIt 1 .I1 i1t it1�;i l t Elf ,i- ;
w . ) ®1 1111 dim t 1t .0 1 hi t. 14 ` Ni i,_ 41 t1 i' t 't ` `'
' 'J ' {o{ 's a F tt F., I j.t 1 . I,i F {1f 'i` •'i j F i i i t�1 " 1` ' 1 i ; s i t 11 11 It 'i; t •j it ! 1 :F'it'll' 1
tzt
gym; _� � tai aai
moo
yJ eE i_. i yp
co ni Z = fl _'l;`7 _ CC
thir
O=
U1:
Z
d
Z
Mod
0
'
gs^ ri
x 2''4 a E'. m e
z-V1 I,e eTE Fl
tore
i_
\ e:
I
\ -- __g8 .e __ O Mr
' ••.a¢w an Cilllar
! ! \ 1--d C
SA NYIN77�H \ c°
sy a F
� o
t. P.8& /• I- —; y O
Z
a^�e� _ 1 �— �--r w
I$@tz m \ nL �nx
e: v r �(` — a— 8Y
a is ay:11 x c g Y I ^
I e;, y ..k i . s
ei e'E } E
e .1
N
haq
s .a4 a
Ea Bag
ei
y
B r
'
al
-I
may,°._ _ .
�g _' O
a
0
ik9 „�m,.� i8 9g - o e Is E
T @ iB { k ifig 5 I j i
ligi
4 15.45
4e o 4 I
;::if §q,
J
LA) c,amornia cavil cone 753.5
Trees whose trunks stand wholly upon the land of one owner belong
exclusively to him, although their roots and/or branches grow into the land of
another.
3.0 California Civil Code 834
Trees whose trunks stand partly on the land of two or more coterminous
owners, belong to them in common.
4.0 Landowners Responsibility
Landowners have a duty to inspect their trees to determine if a tree is healthy or
hazardous, and remove branches or an entire tree if it poses a hazard. If they fail
to remove branches or the tree itself, and it falls and injures someone or
damages property, they will be liable, and might even be personally liable,
beyond the protections of their insurance policy, if they should have known t6
remove the dangerous part of the tree.
5.0 Common Assumption
A common assumption is that homeowners have an absolute right to cut
offending branches or roots that encroach onto their property.
New California Tree Law
by: Randall S. Stamen
Many people are not aware that in 1994, California tree law changed
drastically. A California Court ruled that a neighbor no longer has the absolute
right to cut encroaching roots and branches back to stubs ending at his or her
property line. The health of a tree must be taken into account.
The Court made its finding in a case entitled BOOSKA v. PATEL. A man
named Booska owned a 30 to 40 year old Monterey pine. The roots of the tree
grew into property owned by a man named Patel. There is a question as to
whether the Monterey pine's roots were damaging Patel's walkways. Patel hired
a contractor to dig a 3 foot deep trench between his yard and Booska's property
to sever the roots of the Monterey pine.
After the trenching Booska filed a lawsuit against Patel for injuries to the tree
and for the creation of a nuisance. (Apparently, the only reason that the
contractor who severed the Monterey pine's roots was not sued was that he
went bankrupt.) Booska alleged that because the Monterey pine's roots were
severed the tree was unsafe and unhealthy. Booska's allegations were supported
by the testimony of an arborist. Patel defended his actions by arguing that a
landowner has the right to prune encroaching roots and branches back to his or
her property line anyway he or she desires. Patel cited several California cases
to support his position. The cases he cited are cases which California attorneys
have depended on for years. The Court analyzed Patel's argument and the cases
he cited and concluded, "whatever rights Patel has in the management of his
own land,those rights are tempered by his duty to act reasonably."
Booska v. Patel is significant in that it generated new California case law which
requires neighbors to act reasonably when pruning encroaching roots and
branches. A neighbor no longer has the absolute right to cut encroaching roots
and branches back to stubs ending at his or her property line. The health of the
tree must be taken into account.
Responsible neighbors and green industry professionals who wish to stay out of
costly litigation should keep Booska v. Patel in mind when pruning encroaching
rnnte and hranohee
1
-c
a * y 3
s 0 ®-.
�C 2 GJ T T 0 0 W > j m 0 co co
ca. ov —
0 a
7 0 m m
-I co rn 3 co a co z z a -I Z Z 0 Z 0 0 0 o D * y �- b',
a' m S c c m -O N C o o .m. S o 0 7 0 7 7 7 — .+ 0 -o
C. (SD Q, c0i O N n. N N 0 C 0 V!• - =, a C a 3'a 7' N N �°, d- Q
a 0.< m -a m (n m 7 (7n 0 3' 0 3 3 N .< O f-, 0 .O 0 m )(
S-o *2 C ""m "� S X
0 I O 0 0 N 0 0 0 .,.n 7 a C N m r 70 0 (3D 0 7 , - `•-4'•
r r, - 7 CD 3 0 0 0 .< N 0 0 0 S 0 7 CD 0-m m W °' 0 0.
`° Q 3 m Doi ?. O 7 N S ° 3 0 00- k�
• N 3 <� o 5 7 3 0 m 7- 0 m 3 o m ° D 0- °"_
0 7 c (o Q 0 C? = 2 3 (D 0 (D =`f CD
O "c S N m m m o O' 7 0 0 'o O. 0 0 x
C 0 – O
v, m S o o- a -« Q - o a0• m o m m D) v
3 -0 = 0. E. W oco o' 0a •0 r a3 0' w m 4) 5 ei-
X 0 0 = (p Fe O 7 y O O (D (D ,+ C O. -
o ? w- (DD 7f0 0 � O0 °_ a• (0') N �' 7 " N S <. CO
�' m � � N ,' c � cci3D) mna CO o ° sm roc -I 3
0 7' .m.. , 7 0 O. C N 0 N o S < �- o A O (� M }
CO D) O m (0 - G q- 0 O. 2 r 7 o (D x�G 4) 3 0 a to CD W C n a C a -OO Oo i 0 7 * m 0 S 7- °. * N v a < -O C ;-,
G1 (D o 7,_ 0 m 0 D -Cv a ? 0 =,y m fD S ( 7 7 ..4 a m O
Lis N CDr 0 0 S (D a 0 -• v 7 S �" W N 7 N m j 7 m
_ m
J W
O 0 3 : < "` D S 4) O N O •O m 2 0 Co l C) 0 m•7 m m * ' 7 33. a p(). 7 7 a 7 m '6 '6 0 0 0
a CO 0 7•'O m 0 , 0 m O C (n O'O 0 7 7
X 70 aam °- a �' 'O 0 O 3 N -, o -, O ana
H co � 0 a -, m a — a 3 �' " m .....-°. a ,0
m c °1 Si m � 5 ° ° 3 - Q) m o At CD isi)
(n m 'O m `< m N 0 m (p C g m 7 N• 0 �. .n•. n•a 0 G 0 < 0 C S `< m =. , 'O .<•O 0 S m co
7 S•2 0 (D (D C < t G) 7 C (D S
4
SI (D m O n O O m 4ni X x CD a (0p N r•-•, O N 0•z, ° n N CD 3 0 ° Q 0a) 0. a 7 ao 0 o s
10 ° 0 C 3 N ?'< C) 7 4) 0 N N 0 0- -. O(o 1
o m 0 O-, 3 .-. m (4 - a 0 C c 7 7 C) 7 7
O V N a m •
S m (D Cr <' -% 3 - 7 CO `< 3 to , m i
a aR a) om73 c CI: �° � �� �. mm � t
Nc m � -O O� 7 a w 7 0 = m ..< 0 -0 a 0 .»-
5 o . m N 7 N N ... m o , 7 S =' C m o m
r-r, y W 0 C 4)
CD C N 'O (D 3 0 m a• .7. (p m .: N r m m m
0` mm 7. 0os (D m . ° N ocn-' O 32
I
-, m co 0 n� �.'0 7 n 7 r O - C (CD 7'
- - S i
.".. 30 0 a < 7 N 0 m N 7
ior B 0 m m I
(D 7 - n 0. 4) N a 4r 7 m -0 0 c fa _ 0 4)
•°- a- 3 0 5 P- N a 0 m 3 2 ,0 3' 2 0
N O N a m D -O 7 0 'O a- i co
m , v n (D o 3 m n5
(D ' m g 0 3 : N 7 7 v 7
c .o• x a �' o
61