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HomeMy WebLinkAbout2021-77 - 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 LaneRESOLUTION 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 citriodora) 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 staff's decision; Resolution No. 2021-77 Page 2 of 3 WHEREAS, Applicants timely filed their appeal to the City Council within 30 calendar days from the date of the Commission decision; and 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. Resolution No. 2021-77 Page 3 of 3 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 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. ATTEST: * c Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C' C Aar n C. Harp City Attorney Bra ery Mayor STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2021-77 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 24th day of August, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Will O'Neill NAYS: Council Member Noah Blom, Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 251h day of August, 2021. 0 &-, i, - ?m W�, Leilani I. Brown City Clerk Newport Beach, California