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HomeMy WebLinkAbout20 - Appeal of Denial of Special Neighborhood Trees Removal Request at 1317 and 1323 Ashford Lanee �EvuPpRr CITY OF Y s NEWPORT BEACH <,FORNP City Council Staff Report August 24, 2021 Agenda Item No. 20 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Kevin Pekar, Parks & Trees Superintendent kpekar@newportbeachca.gov PHONE: 949-644-3069 TITLE: Appeal of Denial of Special Neighborhood Trees Removal Request at 1317 and 1323 Ashford Lane ABSTRACT: On June 1, 2021, the Parks, Beaches, and Recreation (PB&R) Commission considered the appeal of staff's denial of a request to remove and replace two Special Neighborhood City Lemon -Scented Gum Eucalyptus (Corymbia citriodora) trees, one in front of 1317 and at the other in front of 1323 Ashford Lane. Following Public Comments and consideration of this item, the PB&R Commission denied the appeal and upheld staff's decision. The applicants have appealed the PB&R Commission's decision to City Council for its consideration. RECOMMENDATION: a) Conduct a public hearing; b) Determine this action is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the activities are in the classes of projects which have been determined not to have a significant effect on the environment; and c) Consider the appeal of staff's and the Parks, Beaches & Recreation Commission denials of the removal and replacement of two Special City Lemon -Scented Gum Eucalyptus (Corymbia citriodora) trees located at 1317 and 1323 Ashford Lane: i. If it is desired to preserve the Special Neighborhood tree(s), adopt Resolution No. 2021-77, A Resolution of the City Council of Newport Beach, California, Denying the Applicants' Appeal of the Parks, Beaches and Recreation Commission's Decision to Prohibit the Removal of Two Special Neighborhood City Trees at 1317 and 1323 Ashford Lane, OR ii. If it is desired to allow the removal and replacement of the Special Neighborhood tree(s), direct City staff to return with a resolution reversing the decision of the Parks, Beaches & Recreation Commission. 20-1 Appeal of Denial of Special Neighborhood Trees Removal Request at 1317 and 1323 Ashford Lane August 24, 2021 Page 2 DISCUSSION: The applicants, Shanel Arnold and Justin Wheeler at 1323 Ashford Lane, requested the removal of two Special City Lemon -Scented Gum Eucalyptus (Corymbia citriodora) trees located in front of their property and in front of the adjacent property at 1317 Ashford Lane. The applicants requested the removals in order to accommodate new landscaping and construction, in an area currently occupied by the two Lemon -Scented Gum Eucalyptus trees. Although the trees are in the public right of way, the root system extends into their front yard. Additionally, they state that the roots are lifting the sidewalk and causing water to pond in the gutter. Neighbors have also vocalized their concerns over tree branches falling during windy days. A field inspection determined that the Lemon -Scented Gum Eucalyptus trees are in stable and good condition, but the mature trees are at a point of causing uplifting of the sidewalk and curb/gutter alignment issues. The City has performed some repair and sidewalk grinding work. The City's regularly scheduled annual pruning of the Special Neighborhood Lemon - Scented Gum Eucalyptus trees on these streets should mitigate issues related to limb failures. Council Policy G-1, Section I (Special City Trees) states during infrastructure repair activities that require root pruning, "all steps shall be taken to retain Special Trees" and "if root pruning methods are not practical and/or critical to the health of the tree, then alternate or special hardscape improvements should be considered by the City in order to retain the tree providing that these measures are practical, costs are reasonable, and that they comply with Americans with Disabilities Act (ADA) standards." Per the aforementioned criteria, staff denied the removal request of the two Lemon -Scented Gum Eucalyptus trees and advised Ms. Arnold & Mr. Wheeler of the appeals process. The process for appealing a Special Tree removal denial by staff to PB&R Commission (per recently adopted changes to Council Policy G-1) consists of petitioning property owners within a 500 -foot radius of the subject trees. The applicant is required to attain 60% in favor of the tree removals out of the property owners within the defined area prior to the issue being brought before the PB&R Commission. In this instance, the applicants were required to and attained 37 approved petition signatures in favor of the removal and replacement of the trees out of a total of 62 possible petition signatures. Once the petitions were verified, the item was placed on the June 1, 2021, PB&R Commission Meeting Agenda for consideration. As part of the appeal, the applicants volunteered to pay for the tree removals and installation of two 48 -inch box Strawberry Tree (Arbutus unedo) as replacements. On June 1, 2021, the PB&R Commission considered the appeal of staff's denial of the applicants' request to remove and replace the two Special Neighborhood City Trees. During Public Comment, the applicants and their representative, Kaitlin Willhoit, spoke in favor of the tree removals, expressing fears of tree or limb failures from the mature Eucalyptus trees. They also briefly explained that planned home development improvements will probably impact the Special Trees in the parkway due to hardscape replacement (curb, gutter, sidewalk, and driveway apron) and public utility adjustments needed in the public right of way. The applicants' adjacent neighbor at 1801 Glenwood Lane also emailed her support for the tree removals. The PB&R Commission also heard from the adjacent neighbors at 1317 Ashford Lane, who spoke against the Special Tree removals. 20-2 Appeal of Denial of Special Neighborhood Trees Removal Request at 1317 and 1323 Ashford Lane August 24, 2021 Page 3 Approximately 10 other residents from the neighborhood either spoke and/or emailed their opposition to tree removals. Following Public Comment, the PB&R Commission denied the appeal and upheld staff's decision denying the request to remove and replace the Special Neighborhood City trees. The applicants have now appealed the PB&R Commission's decision to the City Council. Council may either deny the appeal and uphold the PB&R Commission decision to preserve the trees in place, or grant the appeal, thus allowing the Special Neighborhood City Trees to be removed and replaced. FISCAL IMPACT: If the appeal is denied and the PB&R Commission's decision to leave the Special City Trees in place is upheld, the impact to the City will be approximately $5,000 in the near term for infrastructure repair/replacement mitigation work to correct the damaged sidewalk, curb and gutter. To date, some repair and sidewalk grinding work has already been conducted at this location in an effort to mitigate damage and reduce any trip or fall liability. Staff also anticipates, given the size of the trees, that future sidewalk grinding/ramping/repair may be necessary every two to four years. The City Utilities Department is also looking at possibly relocating the current water service out of the tree root impact area, which will have additional cost. If the appeal is granted and the PB&R Commission's decision is overturned, the impact could be approximately $15,050, which calculates the lost value of the two existing mature trees, $27,050 (per City tree inventory), minus the cost for infrastructure work and value of tree removals and new tree replacements, which would be approximately $12,000. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Additionally, notice of this City Council meeting on this appeal was provided to surrounding property owners, map attached, via postcard as well as posted onto the two Special Neighborhood City Trees. 20-3 Appeal of Denial of Special Neighborhood Trees Removal Request at 1317 and 1323 Ashford Lane August 24, 2021 Page 4 ATTACHMENTS: Attachment A — June 1, 2021 Parks, Beaches, and Recreation Commission Meeting Staff Report and Attachments Attachment B — Map of Surrounding property owners notified Attachment C — Resolution No. 2021-77 20-4 �EWP0_ CITY OF z NEWPORT BEACH <,FOAN'P PB&R Commission Staff Report Agenda Item VII -C June 1, 2021 TO: Parks, Beaches & Recreation Commission FROM: Public Works Department / Municipal Operations Division Micah Martin, Deputy Public Works Director, Municipal Operations 949 644-3055, mmartin@newportbeachca.gov TITLE: Appeal of Denial for Special Tree Removal Request — 1317 Ashford Lane RECOMMENDATION: Staff recommends that PB&R Commission consider the appeal of staff's denial of the removal request of two Special City Lemon -Scented Gum trees located at 1323 Ashford at the intersection with Glenwood Lane. The applicant has met the procedural requirements for Special Neighborhood Tree removal request appeals established in City Council Policy G-1. Al the applicant's cost, two 48 -inch box Strawberry trees will be installed as the replacement trees. DISCUSSION: The applicants, Shanel Arnold & Justin Wheeler at 1323 Ashford Lane requested the removal of two Special City Lemon -Scented Gum Eucalyptus (Corymbia citriodora) trees located at the applicant's property and the adjacent property at 1317 Ashford Lane. The applicants requested the removals in order to accommodate new landscaping and construction, where the two Lemon - Scented Gum Eucalyptus (Corymbia citriodora) currently occupy. Additionally, they state that the roots are lifting the sidewalk, and neighbors have vocalized their concerns over tree branches falling during windy days. A field inspection has determined that the Lemon -Scented Gum Eucalyptus (Corymbia citriodora) are in good condition and do not meet the criteria for removal referenced in the G-1 Policy. Staff denied the removal request of the two Lemon -Scented Gum Eucalyptus (Corymbia citriodora) and advised Ms. Arnold & Mr. Wheeler of the appeals process. They are willing to pay for the removals and two 48 -inch box Strawberry Tree (Arbutus unedo) replacement trees. NOTICING - Ms. Shanel Arnold & Mr. Justin Wheeler, Council Member Duffy Duffield, and Mariners Community Association have received a copy of this report. Additionally, surrounding property owners, map attached, were notified via postcard of the Commission Meeting related to this appeal of staff's denial of the removal requests. The trees were posted with the attached poster regarding the removal request. Finally, per changes to the G-1 Policy, the applicants petitioned property owners within a 500 -foot radius of the subject trees and attained the required amount of verified, approved petitions to bring this item before Commission. Attachments: A. Reforestation Application B. Tree Removal Report/Review C. Map highlighting surrounding property owners notified of the Commission Meeting D. Replacement Tree Info Sheet — Strawberry Tree (Arbutus unedo) 20-5 CITY OF NEWPORT BEACH U \ Public Works Department Municipal Operations Division IFOR Tree Removal or Reforestation Application Per City Council Policy G-1 (Retention, Removal, and Maintenance of City Trees), I am requesting a tree removal(s) to be reviewed by staff and submitted to either the Parks, Beaches, and Recreation Commission for consideration at a future meeting or the appropriate City approving authority. I am aware that Commission meetings are regularly held on the first Tuesday of each month (expect for holidays) at 6:00 p.m. in the Council Chambers. 2 eucalyptus trees Quantity and species, if known, of tree(s). In front of 1323 Ashford Ln, Newport Beach Location of tree(s) Please be as specific as possible Requestor X Property Owner Community Association Other Signature: Print Name: Shanel Arnold & Justin Wheeler Address/ Phone (Daytime) / Email 1323 Ashford Ln. Newport Beach, CA 92660 kaitlin@willhoitconstruction.com, Shanelarnold@gmail.com Date: 03/10/2020 REFORESTATION REQUESTS: Please proceed to Section B. Section A. For Tree Removal Requests Only Removal Criteria (Check one or more) Please provide copies of photos, bills, documents or any other related material that will verify the checked items. =Proven and repeated history of damaging public or *private, sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities or foundations. (*Greater than $500) Repeated history of significant interference with street or sidewalk drainage. Dying Has no prospect of recovery. Diseased Cannot be cured by current arboricultural methods. In advanced state of decline with no prospect of recovery. =Hazardous Defective, potential to fail, could cause damage to persons/property upon failure. Assessment by City Arborist will identify structural defects, parts likely to fail, targets - if fails, procedures and actions to abate. =Beautification In conjunction with a City Council -approved City, commercial, neighborhood, or Project community association beautification program. Revised August 27, 2020 20-6 Section B. For Reforestation Reauests Onl Reforestation is the concept of systematically replacing Problem or All Other Trees which are creating hardscape and/or view problems and cannot be properly trimmed, pruned or modified to alleviate the problem(s) they create, or those which have reached their full life, and are declining in health, or are simply the wrong species of tree(s) for the planted location. As initiated by: X Property Owner Community Association Other Check all items applicable: X Tree(s) causing curb, gutter, sidewalk or underground utilities damage. Wrong tree species for location View encroachment Area has clearly defined contiguous boundaries that include the tree(s) proposed. Residential communities, neighborhoods, or business organizations who apply for reforestation must submit a petition signed by a minimum of 60% of the property owners within the area defined. =Areas represented by a legally established community association, may submit a resolution of the Board of Directors formally requesting a reforestation. =Individual property owners must submit a petition signed by a minimum of 60% of a maximum of 30 private property owners (up to 15 contiguous private properties on both sides of the street up to 500' in either direction from the location of the proposed reforestation site) as well as the endorsement of the appropriate homeowners' association, if applicable. *A request for reforestation requires a written agreement submitted to the Parks, Beaches, and Recreation Commission by the petitioning sponsor (Individual private property owner(s) or group) to pay 100% of the costs of the removal and replacement of the public tree(s) in advance of any removal activity. The actual removal and replanting will be coordinated by the Public Works Department/Municipal Operations Division using the City tree maintenance contractor. *There shall be a minimum of a one-for-one replacement of all tree(s) removed in reforestation projects. Replacement tree(s) shall be a minimum size of 36" boxed tree and cost ranges from $706 to $910, unless the parkway space will not accommodate a 36" boxed tree or a tree cannot be planted due to planting restrictions contained in City Council Policy G-6. This form does not replace the requirements of any of the City tree policies. Its use is intended to expedite the tree removal or reforestation requests and to ensure compliance with all City requirements. Please refer to individual City Council Policy G-1 for additional information. REQUESTOR COMMENTS: We would like to have the 2 eucaplyptus trees removed in front of the house because they are causing damage to the sidewalk and i inrlprgrni incl utilitips Thp sirtawalk is lifting and is a manger to nprtpstrians. npighhnrs haves vnca1i7prl thpir rnnrprns near trap hranrhps falling during windy days. Removals, except emergency, will be subject to the notification processes, timeframes and authority as specified in the City Council G-1 Policy. Revised August 27, 2020 20-7 �V' w P°kT Public Works Department/Municipal operations Division TREE INSPECTION REPORT Name: Shanel Arnold & Justin Wheeler Location(s) of tree(s): 1317 Ashford Lane (Front 1) & 1323 Ashford Lane (Front 1) Request: The applicants, Shanel Arnold & Justin Wheeler at 1323 Ashford Lane requested the removal of two Special City Lemon -Scented Gum Eucalyptus (Corymbia citriodora) trees located at 1323 and 1317 Ashford Lane in order to accommodate new landscaping and construction. Botanical/Common Names: Lemon -Scented Gum Eucalyptus (Corymbia citriodora) Estimated Tree Value: $27,050.00 Replacement Street Tree: Strawber Tree Arbutus unedo Damage: N/A Parkway: Concrete Brick Turf (X) Other Comments: A field inspection determined the two Special City Lemon -Scented Gum Eucalyptus trees ore in good condition and do not meet the criteria for removal referenced in the G-1 Policy. The applicants, Shanel Arnold & Justin Wheeler at 1323 Ashford Lane requested the removal of two Special City Lemon -Scented Gum Eucalyptus (Corymbia citriodora) trees located at 1323 and 1317 Ashford Lane in order to accommodate new landscaping and construction. Additionally, they state that the roots are lifting the sidewalk, and neighbors have vocalized their concerns over tree branches falling during windy days. They are willing to pay for the removals and two 48 -inch box Strawberry Tree (Arbutus unedo) rep/ c ant trees Inspected by: Date: May 18, 2021 11h,rV1. Nelson, City Arborist Recommendation: Staff denied the removal request of the two Special City Lemon - Scented Gum Eucalyptus trees and has advised Ms. Arnold & Mr. Wheeler of the e7 ss. Reviewed by: Date: May 18, 2021 Kevin Pekar, andscape M--cmager 20-8 4WP0*P Puble Worh DepartmenVMcipal.DperaMns OWN May 18, 2021 �•1 � 1 F(1 R�t1 TO: Landscape Manager FROM: City Arborist SUBJECT: Tree Removal Review PROPERTY OWNER(S) / REQUESTER INFORMATION: Name: Shanel Arnold & Justin Wheeler Tree Location: 1317 Ashford Lane (Front 1) & 1323 Ashford Lane (Front 1) The applicants, Shanel Arnold & Justin Wheeler at 1323 Ashford Lane requested the removal of two Special City Lemon -Scented Gum Eucalyptus (Corymbia citriodora) trees located at 1323 and 1317 Ashford Lane in order to accommodate new landscaping and construction. Additiona(ly, they state that the roots are lifting the sidewalk, and neighbors have vocalized their concerns over tree branches falling during windy days. They are willing to pay for the removals and two 48 -inch box Strawberry Tree {Arbutus unedo) replacement trees. A field inspection determined the two Special City Lemon -Scented Gum Eucalyptus trees are in good condition and do not meet the criteria for removal referenced in the G-1 Policy. Staff denied the removal request of the two Special City Lemon -Scented Gum Eucalyptus trees and has advised Ms. Arnold & Mr. Wheeler of the appeal process. REPLACEMENT TREE(S): YES NO REPLACEMENT TREE(S): Two 48 -inch box Strawberry Tree (Arbutus unedo) PUBLIC WORKS DEPUTY DIRECTOR - COMMENTS / RECOMMENDATIONS: Signature: Date: 5-1Il � 1 20-9 2/5/2021 Detail Notes Images Documents Observations Great Scott Tree Service, Inc. - Tree Map Inventory Detail Tree ID 983931 Old Tag # Save District 16 Area 16 Address 1317 ASHFORD LN Side/Site Front -1 Alt Address Tree Species Corymbia citriodora / Eucalyptus - Citriodora Common Name Lemon -Scented Gum Size 25-30 Height 60+ DBH Condition FAIR Grow Space Space Size Overhead Utility Sidewalk Damage Note: Irrigation Flag Yes No Monitor Flag Yes No Service Type Grid Pruning Season JAN/APR EstimatedValue $9,830.00 Next Date w L J Ashford 0 t11 � 0983931to h o m 0 0 0 3 3 0 0 Goble RMap data ©2021 Latitude: 33.633249442 Longitude: -117.894977211 .(edit). 20-10 https://www.greatscotttreeservice.com/gsts/WebPortal/Client-inventoryDetail-Zoom.cfm?ZlnventoryDetaillD=3055147&ZWebUserlD=4531 /1 Service History New Scope WO Ref # Description Who Service Date Invoice Date Service Price Invoiced 41655 2020 - GRID 16 (Westcliff) - All Trees (REMAINING) - Final GSTS 9/02/20 9/03/20 Grid Pruning 55.20 Invoiced 39257 2019 - SR Trim at SANDALWOOD LN - ASHFORD LN (Eucalyptus) GSTS 12/09/19 12/12/19 Service Request 65.06 Invoiced 33166 2018 Grid 16 - Westcliff (All Trees) - May Progress GSTS 5/17/18 5/31/18 Grid Pruning 51.33 Invoiced 25153 2016 - Grid 16 (Westcliff) - Broadlefs GSTS 5/23/16 5/26/16 Grid Pruning 49.43 Invoiced 18302 2014 - West Cliff Revised GSTS 5/16/14 5/31/14 Grid Pruning 48.00 Work History WCA 4/22/11 Other 0.00 Work History WCA 1/27/10 Other 0.00 Work History WCA 5/29/08 Other 0.00 Work History WCA 10/28/05 Other 0.00 Work History WCA 1/23/03 Other 0.00 20-10 https://www.greatscotttreeservice.com/gsts/WebPortal/Client-inventoryDetail-Zoom.cfm?ZlnventoryDetaillD=3055147&ZWebUserlD=4531 /1 2/5/2021 Detail Notes Images Documents Observations Great Scott Tree Service, Inc. - Tree Map Inventory Detail Tree ID 983932 Old Tag # Save District 16 Area 16 Address 1323 ASHFORD LN Side/Site Front -1 Alt Address Tree Species Co rymbia citriodora / Eucalyptus - Citriodora Common Name Lemon -Scented Gum Size 31+ Height 60+ DBH Condition FAIR Grow Space Space Size Overhead Utility Sidewalk Damage Note: Irrigation Flag Yes No Monitor Flag Yes No Service Type Grid Pruning Season JAN/APR EstimatedValue 1$17,220.00 Next Date Ash{ord In 0 0 � 0 983932 a 0 0 S 3 C3. 0 Go gle, Latitude: 33.633277611 Longitude:-117.895158297.(edit). RMap data ©2021 20-11 https://www.greatscotttreeservice.com/gsts/WebPortal/Client-inventoryDetail-Zoom.cfm?Zl nventoryDetail I D=3055148&ZWebUserl D=4531 Service History New Scope WO Ref # Description Who Service Date Invoice Date Service Price Invoiced 41655 2020 - GRID 16 (Westcliff) - All Trees (REMAINING) - Final GSTS 9/02/20 9/03/20 Grid Pruning 55.20 Invoiced 39257 2019 - SR Trim at SANDALWOOD LN - ASHFORD LN (Eucalyptus) GSTS 12/09/19 12/12/19 Service Request 65.06 Invoiced 33166 2018 Grid 16 - Westcliff (All Trees) - May Progress GSTS 5/17/18 5/31/18 Grid Pruning 51.33 Invoiced 25153 2016 - Grid 16 (Westcliff) - Broadlefs GSTS 5/23/16 5/26/16 Grid Pruning 49.43 Invoiced 18302 2014 - West Cliff Revised GSTS 5/16/14 5/31/14 Grid Pruning 48.00 Work History WCA 4/22/11 Other 0.00 Work History WCA 1/27/10 Other 0.00 Work History WCA 7/14/08 Other 0.00 Work History WCA 10/31/05 Other 0.00 Work History WCA 1/23/03 Other 0.00 Work History WCA 1/21/00 Other 0.00 20-11 https://www.greatscotttreeservice.com/gsts/WebPortal/Client-inventoryDetail-Zoom.cfm?Zl nventoryDetail I D=3055148&ZWebUserl D=4531 p L IT TAM K Ae r AL 9^ 1918 1101 1]15 1721 1121 1733 8 1745 ��?f CANDLESTICK LN 0 1700 1710 1720 1726 1732 1738 v to z Sl�R�iotiT C'/,P n o �o v z 2 »00 8,9 1g,Z �O oe H Z s 2 � 1 6ti m m a � bry1 0 /y9� g9 pe i 2 9� 9 yoo 1 ® 0 100 200 'Ass 1AA4 °� y J Feet 1a't9 �a3s c • Tree Location NBGS O 0141 1323 Ashford Lane 1323 Ashford Lane NEWPO RT REACH City of Newport Beach GIS Division Notified Properties March 05, 2021 1323 Ashford Lane.mxd 20-7j City of Newport Beach: Trees Section - Tree Info Sheet Strawberry Tree (Arbutus unedo) Strawberry Tree is an attractive small evergreen shade tree, with its shiny dark green color and attractive bark and multi -trunk branching habit. The flowers and fruit are also attractive highlights during the year. Once established, it is a very durable tree. The fruit drop tends to be messy near drives or walkways. It may require regularly scheduled light top -trimming (but not necessarily shearing) of vigorous top shoots to maintain its height below 25'. It is resistant to oak root fungus. J =. Description t� a Height: 20 to 25 feet Spread: 20 to 25 feet �' a Crown uniformity: - Rounded or vase shaped Crown shape: Erect or spreading with low canopy Growth rate:' 12 -24 -inch per year i4w"p, 20-14 Item VII -C Public Comment From: Pekar, Kevin Sent: Thursday, May 20, 202112:39 PM To: Nelson, John J. Cc: Bennett, Brenda; Martin, Micah; Stinson, Marian Subject: RE: 1317/1323 Ashford - Objection to the Special City Tree Removal Thanks. From: Nelson, John J. Sent: Thursday, May 20, 20216:11 AM To: Pekar, Kevin <KPekar@newportbeachca.gov> Cc: Bennett, Brenda <BBennett@newportbeachca.gov> Subject: 1317/1323 Ashford - Objection to the Special City Tree Removal Kevin, Here is an objection to the removal of the Special City tree at 1317 and 1323 Ashford Lane. From: Sandrine Jacobson <sandrinelacobson@icloud.com> Sent: Wednesday, May 19, 20214:27 PM To: Nelson, John J. <JJNelson@newportbeachca.gov> Subject: Hi John, [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi John, It was lovely speaking with you earlier. I am the property owner of 1317 Ashford lane, Newport Beach. It has been brought to my attention by the purchasers of 1323 Ashford lane that they would like the eucalyptus trees removed from the nature strip. One of these large trees is on my property and the other is on 1801 . I have been made aware that the reason that these trees are hoping to be removed is to extend the neighbours new driveway. I am apposed to the removal of these trees unless there is evidence that they are at risk for harm. As I've been told by you these trees are perfectly healthy and do not need to be removed. When I purchased my home approximately 18months ago, one of the attraction to it was the beautiful established trees. The removal of them would be a change for the streetscape and a shame as they home many birds. I believe the trees belong to a program that regularly trims them and appropriately care for them. I do not believe that they should be removed unless they are a hazard which would then implicate all the other eucalyptus trees in the street and surrounding streets. I strongly believe that all trees should be Conserved unless diseased or problematic. Thank you kindly Sandrine jacobson 20-15 From: Sent: To: Cc: Subject: Attachments: Thanks. From: Nelson, John J. Pekar, Kevin Thursday, May 20, 202112:42 PM Nelson, John J. Martin, Micah; Stinson, Mariah; Bennett, Brenda RE: 1317/1323 Ashford Lane - Tree Removal Objections - Photos Tree Removal Objections - Photos 1.jpg; Tree Removal Objections - Photos 2.jpg; Tree Removal Objections - Photos 3.jpg; Tree Removal Objections - Photos 4.jpg; Tree Removal Objections - Photos 5.jpg Sent: Thursday, May 20, 20216:21 AM To: Pekar, Kevin <KPekar@newportbeachca.gov> Subject: 1317/1323 Ashford Lane - Tree Removal Objections - Photos Kevin, Mrs. Jacobson sent these pictures of the subject trees, and the aesthetic they add to her home. From: Sandrine Jacobson <sandrineiacobson@icloud.com> Sent: Wednesday, May 19, 20216:13 PM To: Nelson, John J. <JJNelson@newportbeachca.gov> Subject: Photos [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello again, just to illustrate the view of these beautiful trees were to be taken down how they would change the look of the street and our garden view. Sent from my iPhone 20-16 ,_ P J r �vj i i r k. ir `A i y i �• J. F 5 J S i 20-19 ICA— le or NO TAY rp 'Moro: Attachment B 9^ 1919 170 1715 1721 1727 1733 1139 VIAS 1j51 CANDLESTICK LN 1]00 1]10 1720 1726 1]32 1738 N 1800 ru' Z 916, TC/IP 0 3s Q am 0v o Z 5 9 '� 2 �>DO 185 1R,z Q SO 1708 Z 0� S� ,� D S. n 1533 30 a ,1yry� 1710 1 ci� 40 Ery 10 610 6�6 C y L L �0�y O• 6 Q� 00 • 9 v O v � v 4 1317 y ¢� 900 2p6 'JS Jo my ^O � F ' A 1 6ti m m a � bry1 0 /y9� g9 lype 6 yoo 1 ® 0 100 200 'A39 1AA4 °� y J Feet c • Tree Location (9 NEG414.1) O 1323 Ashford Lane 1323 Ashford Lane NEWPORT REACH City of Newport Beach Notified Properties GIS Division March 05, 2021 1323 Ashford Lane.mxd LV -LL ATTACHMENT C RESOLUTION NO. 2021- 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING THE APPLICANTS' APPEAL OF THE PARKS, BEACHES AND RECREATION COMMISSION'S DECISION TO PROHIBIT THE REMOVAL OF TWO SPECIAL NEIGHBORHOOD CITY TREES AT 1317 AND 1323 ASHFORD LANE WHEREAS, Shanel Arnold and Justin Wheeler ("Applicants") requested the removal of two Lemon -Scented Gum Eucalyptus trees (Corymbia cifriodora) located at 1317 and 1323 Ashford Lane ("Gum Trees"), based on their assertion that the trees are damaging and lifting the sidewalk, which they claim presents a danger to pedestrians, as well as potential injuries and damages caused by falling tree branches; WHEREAS, Applicants have offered to pay for two 48 -inch box Strawberry trees as replacement trees; WHEREAS, City Council Policy G-1, which sets forth the City's policy for the retention, removal, and maintenance of City trees, classifies these Gum Trees as "Special City Trees" as they contribute and give character to the neighborhood, WHEREAS, Council Policy G-1 generally provides that Special City Trees are to be retained unless overriding problems exist that will require their removal, such as death, disease, interference with infrastructure, or the creation of a hazardous situation; WHEREAS, on May 18, 2021, City staff denied Applicants' request for removal of the Gum Trees because: the Gum Trees are healthy and stable; any damage to infrastructure can be addressed with mitigation measures at a reasonable cost; and regularly scheduled maintenance is sufficient to mitigates all issues related to limb failures; WHEREAS, in addition, City staff has determined that the Gum Trees do not unreasonably impede Applicants' landscaping and construction plans; WHEREAS, at its June 1, 2021 meeting, the Parks, Beaches and Recreation Commission ("Commission") held a public hearing to consider Applicants' appeal of City staff's decision; WHEREAS, after considering the evidence, including support and opposition to the removal request from Applicants' neighbors, the Commission denied the appeal and upheld City staffs decision,- WHEREAS, ecision; WHEREAS, Applicants timely filed their appeal to the City Council within 30 calendar days from the date of the Commission decision, and 20-23 Resolution No. 2021 - Page 2 of 3 WHEREAS, the City Council held a public hearing on August 24, 2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Council Policy G-1. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.. Section 1: The City Council has considered Applicants' appeal and makes the following findings: a. The Gum Trees are classified as "Special City Trees" under Council Policy G-1 as they contribute and give character to the neighborhood. Council Policy G-1 generally provides that Special City Trees are to be retained unless overriding problems exist that will require their removal, such as death, disease, interference with infrastructure, or the creation of a hazardous situation. b. City staff conducted a field inspection of the Gum Trees and found that they are in good condition and do not meet the criteria for removal under Council Policy G-1. The results of City staffs inspection and determination are presented in the Tree Inspection Report dated May 18, 2021, which is incorporated herein by this reference. C. The City has previously addressed damage and uplifts in the surrounding infrastructure with patching and ramping. Any similar damage to the sidewalk can be addressed with similar mitigation measures at a reasonable cost that will allow for the retention of the Gum Trees. Also, any issues related to limb failures will be fully mitigated by the City's regular maintenance of the Gum Trees. d. The Gum Trees do not unreasonably impede Applicants' landscaping and construction plans. e. The Gum Trees are worth $27,000. Section 2: The City Council hereby denies the appeal and upholds the decision of City staff and the Commission denying Applicants' request for removal and replacement of the Gum Trees. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not 20-24 Resolution No. 2021 - Page 3 of 3 affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council hereby finds this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 24th day of August 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C_ : ;- Aar n C. Harp City Attorney 20-25