HomeMy Public PortalAbout18) Item 8E Public Hearing Appeal of Parks and Recreation Commissions decision to remove 2 Siberian Elm Trees at 6034 Muscatel AveAGENDA
PARKS AND RECREATION DEPARTMENT ITEM 8.E.
MEMORANDUM
DATE: June 21 , 2016
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Cathy Burroughs, Director of Parks and Recreation
SUBJECT: APPEAL OF PARKS AND RECREATION COMMISSION DECISION TO
REMOVE TWO (2) SIBERIAN ELM TREES LOCATED IN THE PUBLIC
RIGHT OF WAY AT 6034 MUSCATEL AVENUE
RECOMMENDATION:
The City Council is requested to:
1. Conduct a Public Hearing ;
2. Consider the tree removal appeal filed by Mark Enkelaar regarding two (2) trees
located in the public right of way at 6034 Muscatel Avenue; and
3. Uphold the Parks and Recreation Commission's decision to remove the trees.
BACKGROUND:
1. On December 3, 2013, the City Council adopted Ordinance No. 13-983 repealing
the existing Roadside Trees Ordinance and replacing it with a Tree Preservation
and Protection Ordinance. The Tree Preservation and Protection section of the
Temple City Municipal Code (TCMC) reflects current best practices relative to
public trees and establishes policies, procedures, and expectations for City-owned
trees located in public rights of way.
2. On April 13, 2016, the property owner at 6034 Muscatel Avenue was notified of
the City's intent to remove two (2) Siberian Elm trees pursuant to §3-4D-9:A.5 of
the TCMC. A mark was placed on the trees as required by Section 3-4D-9:B.1 of
the TCMC.
3. On April 26, 2016, Mark Enkelaar submitted a Notice of Appeal to the Parks and
Recreation Department appealing the removal of the Siberian Elm trees located at
6034 Muscatel Avenue.
City Council
June 21, 2016
Page 2 of 4
4. On May 3, 2016, both the property owner at 6034 Muscatel Avenue, and Mr.
Enkelaar, were notified that removal of the trees located in the public right of way
had been appealed and that the Parks and Recreation Commission would
consider the appeal at their regular meeting on May 18, 2016.
5. On May 18, 2016, the Parks and Recreation Commission considered the appeal
and upheld staff's determination to remove the trees.
6. On May 31 , 2016, Mr. Enkellar submitted a Notice of Appeal to the City appealing
the Parks and Recreation Commission's decision to remove the trees to the City
Council (Attachment "A").
ANALYSIS:
Each year the City develops a tree removal list. The list includes trees that City staff, in
particular the City's Arborist Rob Cruse, has inspected and determined meet the criteria
for removal as outlined in Section 3-40-9 of the TCMC (Attachment "8"). At the request
of the property owner, and the City's Community Development Department (COD), Mr.
Cruse inspected the Siberian Elm trees located at 6034 Muscatel Avenue. The
property was being developed with a new home at that location . The installation of a
sidewalk is now a standard condition of approval for all new single family residences.
To conform with Government Code Section 65302 b 2 A , the City's draft General Plan
includes a policy requiring that the City provide adequate and well maintained sidewalks
along all City roadways to allow residents of all ages and abilities to walk in a safe and
accessible manner. This policy has been reviewed by the General Plan Advisory
Committee, the Planning Commission, and the City Council. Essentially, the City is
trying to create a safe network for all users of the public right of way so that pedestrians
and people in wheel chairs, motorized scooters and strollers can move in a safe
manner.
The Siberian Elm trees would interfere with the proposed sidewalk improvements.
Section 3-4D-9:A of the TCMC identifies criteria for removal. Subsection 5 states:
Obstructing curb, gutter or sidewalk repair, or in the way of a new curb, gutter or
sidewalk for which an exception to standard design is determined by the director to be
inconsistent with established policies and standards for public tree planting and
maintenance. Staff requested the City's engineer review the plans to determine if the
sidewalk could be "re-routed" around the existing trees, however due to the size and
location of the trees, staff determined it was not feasible to re-route the sidewalk. Not
all properties in the 6000 block of Muscatel currently have sidewalks. The two
properties immediately south of 6034 Muscatel are improved with sidewalks; the
properties to the north are not. However, with the current development standards in
place requiring sidewalks, th is should not be a factor. If/when those properties are re-
developed, sidewalks would be required.
City Council
June 21 , 2016
Page 3 of 4
The Siberian Elm trees are between 45-60 feet in height and are determined to be in
"fair" condition by West Coast Arborists. Attached are photos of the trees and the
adjacent areas (Attachment "C"). Staff has recommended one new tree, an Australian
Willow, be planted in the public right of way after the sidewalk is installed .
At the Parks and Recreation Commission meeting on May 18, 2016, Mr. Enkelaar
argued that the TCMC states that it is the policy of the City to protect and preserve all
desirable trees that are located on the City's right of way. In his appeal, Mr. Enkelaar
further cites Section 3-40-9A which states, in part, "the City values trees as an
important part of the environment and shall strive to preserve them whenever possible
and feasible." While both of these statements hold true, there are identified in the
TCMC situations and criteria that allow for the removal of City trees, after careful
deliberation. As indicated above, one new tree will be planted in the public right of way
after the sidewalk has been installed. Staff reviewed the property to determine if two
(2) trees could be planted but concluded there was not adequate space for more than
one tree. The Commission, after hearing testimony from both parties, denied the
appeal upholding staff's decision to remove the trees. Attached are the draft minutes
from the May 18, 2016 meeting (Attachment "0 ").
It is important to note that by removing and replacing older mature trees with new trees,
when deemed appropriate, the City continues to repopulate and diversify our urban
forest. In a report recently provided to the City by the United States Department of
Agriculture, the ideal urban forest has relatively few old or senescent trees (1 0%), 20%
mature trees, 30% semi-mature trees, and 40% juvenile trees. Temple City's urban
forest (2011) was comprised of 13% juvenile trees, 35% semi-mature trees, and 50%
mature trees (see graph below).
c: 0 ~ ::s c. 0 c.
'iii ~ -0
"*'-
60 so
40
30
20
10
0~~~~~~~~==~
~" ~ ~«; ~-::s ~ -:,.:~~
'?~~
Ideal 11 Temple City
With the continued turnover of the City's housing stock, it is anticipated sidewalks will
be required in areas where large mature trees may interfere with those improvements.
Planting new trees in those areas will assist in repopulating our urban forest ensuring a
City Council
June 21 , 2016
Page 4 of 4
healthy vibrant environment for years to come.
CITY STRATEGIC GOALS:
Upholding the Parks and Recreation Commission's decision to remove the Siberian Elm
trees located at 6034 Muscatel Avenue will promote or further the City's Strategic Goals
of Public Health and Safety and Quality of Life.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2015-16 City Budget.
ATTACHMENTS:
A. Notice of Appeal -Mark Enkelaar
B. TCMC §3-4D-9A
C. Photographs of trees located at 6034 Muscatel Avenue
D. Draft Minutes of the Parks and Recreation Commission's Regular Meeting of
May 18, 2016
Ut\1 C nCvCIVCU ATTACHMENT A
MAY 3 1 2016
TEMPLE CITY
CITY CLERK
\ ~.-.i . ·• C1 ty of T emple Ctt'1 • Department of Parks and Recreation
10144 Bogue Street, fernple Ctty CA 91780 (626) 285 2171
NOTICL OF APP EAL-TRE [ RE~JHJ ,J AL
For office use Jnly
rtlc Nt~mber -------
PleasP TYPE or ?nii'!T all informati-.>n clearly
~~PP!:LL Ai'n r !11\/!E /Vl tLr-k.. th/~e.f!..ro-
1\PPf t Ai'l ADORES:$ P'D1-. .542 _....,~~.rle. Cll..,
1 !\1 ..rrr~~!JOnde•l.:e will be rr.dlied to tht'> address\ f
p lf nr -_,1.., -~6 -3060.-=----------------------
TRlE:(Sl LOCA fiON t 0 3L(
I C. MC_ Jecflo., 3Y59
If r .s
Bv" gntng thtS r..:o: ce 0 1 Appeal -Tree Removal rorm, I hereby certify that I arn a residert or ·
HUfJ' rt•; O\Jne cf the Ci ty of Temple Ctty. I further cert1fy tl tat I have read Secttor. 3459 of me
1 Cfv1• 1 · r ludmg t"H~ appeal ~ prut ~,. ~
D1f ~' r •1.•trn th1s f\.t mt by emati ''J ~J ngr am@ ternplectt~. moil t o· City of Temple City .C.ttn
,)r p--irtrne,.t of Parks and RecreJtiOn, u701 La ~ Tunas Dr . Temple C1 t y LA 9J. 780 or tn persr n at
:'H: L e Oak Park Annex, 10144 Bnt; I" Street, Temple Crty.
"JOT£:: rhe appellant has the burden or proof. In order for me appellant to prevail, he/she
.,,,1<:.! ;h .>w b'y Llear and convi n Cing·'~ dence, that Ci t'/ staff's decisiOn to remove or not remove
a str -·~t •rt!e ts ,,o, dUthomeJ b~y apolt able fedetal, stat e or local law, or IS inconsistent w1th
~he 1 cmO'Jul crrtenc per ~ectwn J· '1 t,f the (TCM C) Temple C1ty Muntctpal Coue.
ATTACHMENT 8
3-40-9: REMOVAL OF PUBLIC TREES:
A Criteria For Removal: The city values trees as an important part of the environment and shall strive to
preserve them whenever possible and feasible. Subject to provisions of this article, the director or
his/her designee shall be responsible for inspection , maintenance, removal and replacement of public
trees, and may cause public trees to be removed, or permit the removal of a public tree pursuant to a
pe rmit , if they are deemed to be:
1. Dead;
2. Dying , decayed or hazardous, or so weakened by age, disease, storm, fire, excavation, removal of
adjacent trees, or any injury so as to cause imminent danger to persons or property;
3. Structurally unsound due to an abnormal and uncorrectable structure or appearance due to severe
pruning or storm damage;
4. Diseased beyond reclamation , or the condition of which is a source of present danger to healthy
trees in the vicinity, providing that an inspection and notice attesting to such fact has been
completed by a state licensed pest control advisor or arborist;
5. Obstructing cu rb, gutter or sidewalk repair, or in the way of a new curb, gutter or sidewalk for wh ich
an exception to standard design is determined by the director to be inconsistent with established
policies and standards for public tree planting and maintenance;
6. In dangerous proximity to existing structures or interfering with existing utilities;
7. Causing excessive damage to curbs, gutters, sidewalks, or driveways;
8. Obstructing proposed improvements so as to restrict economic enjoyment of the adjacent property,
including the construction or safe use of a driveway or parking space for which a permit has been
issued, unless such tree has been designated as an exceptional specimen tree;
9. Crowded by other trees and good horticultu ral practices dictate removal of some of them ;
10. Otherwise healthy, but the removal of which is considered desirable because it is a proven
nuisance species and/or in order to achieve a properly staged tree replacement schedule which
enables several generations of trees to exist simultaneously;
11. Causing an allergic reaction to a property owner whose property is adjacent to the public tree. The
property owner must provide a certification from a physician licensed to practice in California that the
tree is ca using the property owner to suffer allergic reactions. Exceptional specimen trees may not
be removed pursuant to this subsecti on A 11;
12. Incompatible with the growing space or unsuitable for use in its present location;
13. To facilitate hardscape repairs that cannot be completed without severe root pruning or other
action that would jeopardize the health and stabi lity of the tree. (Ord. 15-1 007)
ttp ://www.sterl ingcodifiers.com/codebook/printnow. php 6/7/201 6
B. Removal Process: All public tree removals, whether by the city or by a private citizen pursuant to a
permit issued under section 3-40-10 of this article, shall adhere to the following procedures:
1. Upon approval of the removal of a public tree the city shall place a visible, nonremovable marking
upon the subject tree indicating the tree is scheduled for removal a minimum of thirty (30) days prior
to its removal.
2. A letter of notification will be sent to the owner of any private property adjacent to where the tree is
scheduled to be removed at least thirty (30) days prior to the removal.
3. The city manager, acting through the director or his/her designee, may waive notification
requirements for a tree removal in either of the following circumstances:
a. When the city manager, acting through the director or his/her designee, determines that a tree's
condition immediately threatens public health, safety or welfare;
b. When local, state or federal authorities have declared a state of emergency and a tree's condition
threatens public health, safety or welfare.
4. All tree removal shall include the removal of the stump and the removal of all stump grinding chips
and the backfilling of the hole created by stump removal with a good quality topsoil suitable for the
replanting of a replacement tree.
5. All removed trees shall be replaced with a tree of the same species as removed, except where the
location of the removed tree is not a valid tree site or the removed species does not conform to the
recommended species for the location in the master tree list approved by the city.
6. Trees that are touching or nearly touching utility lines shall be replaced with a recommended
species.
7. All tree replanting shall be with a minimum fifteen (15) gallon container tree. For city removals, the
city will on ly plant a larger tree if a person agrees to pay the difference in cost of a larger
replacement tree size and any additional costs associated with the planting of a larger tree. (Ord. 13-
983)
ttp :/ /www. sterl ingcodifiers. com/codebook/printnow. ph p 6/7/20 16
ATTACHMENT C
6034 Muscatel Avenue
6034 Muscatel Avenue looking north
6034 Muscatel Avenue looking south
PARKS & RECREATION COMMISSION MINUTES
May 18, 2016
ATTACHMENT D
Page 3
C. APPEAL OF STAFF DECISION TO REMOVE TWO SIBERIAN ELM
TREES LOCATED AT 6034 MUSCATEL AVENUE
Parks and Recreation Director Burroughs presented the staff report.
City Arborist Cruse stated the removed trees would be replaced with one
Australian Willow which grow to approximately 40 feet in height.
The Commission discussed options re lated to sidewalks at the property
and was notified by Director Burroughs that newly constructed homes
require the addition of sidewalks whenever possible.
Linh Huynh, property owner expressed concerns that a mature tree with
established roots will cause problems to their plumbing and also crack the
sidewalk.
Director Burroughs stated the Commission does not have authority to
change the approved plans, and can only consider to remove or not
remove the trees.
Mark Enkelaar, resident stated although criteria for new development was
explained , he knows of situations where trees remained with adjustment of
the sidewalk going around the tree.
Director Burroughs stated City staff and the City Engineer reviewed the
plans for the new construction at 6034 Muscatel Avenue and determined
with a 1 0 foot public right-of-way, the sidewalk would impede onto private
property if the trees remained .
Mark Enkelaar, resident asked for consideration by the Commission to
delay their decision on the appeal in order for him to meet with and
discuss options with the City Engineer.
Director Burroughs stated he received a copy of the staff report and
agenda, which al lowed him time to investigate further prior to the meeting.
Since the Commission only meets once a month, delaying a decision
could cause a hardship on the property owner.
Vice-Chairman Georgina recommended the Commission uphold the City's
current policies and practices, and, if necessary, Mr. Enkelaar could
appeal the Commission's decision to the City Council.
Vice-Chairman Georgina moved to deny the appeal and uphold staffs
decision to remove the two trees located at 6034 Muscatel and to plant
one new tree in the public right-of-way following installation of the
sidewalk, seconded by Chairman Rosso and unanimously carried by a
voice cal l vote.
PARKS & RECREATION COMMISSION MINUTES
May 18, 2016
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner-Baroldi, Georgina, Rosso
Commissioner-None
Commissioner-Haddad
Commissioner-None
8. COMMUNICATIONS -None
9. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE
Chairman Rosso opened public comments.
Chairman Rosso closed public comments.
10. MATTERS FROM CITY OFFICIALS
A. PARKS AND RECREATION DIRECTOR'S REPORT
Page 4
Parks and Recreation Director Burroughs provided a brief overview of
recent and upcoming events/programs and recent City Council actions
including acceptance of the bid for the LOP Walking Path Project with
construction to begin in June.
11. COMMISSION ITEMS SEPARATE FROM THE REGULAR AGENDA
A. COMMISSIONER BAROLDI stated he attended the Youth Sports Festival
on April 23 . Commissioner Baroldi stated upon visiting Live Oak Park
frequently during the evening he was glad to see all the use by the
community, especially with high use of the basketball courts.
B. COMMISSIONER HADDAD
C. VICE-CHAIRMAN GEORGINO stated she attended the Youth Sports
Festival as well .
D. CHAIRMAN ROSSO
12. ADJOURNMENT
The Parks and Recreation Commission Meeting was adjourned at 8:10 p.m. to
the Parks and Recreation Commission Regular Meeting of Wednesday, June 15
2016 at 7:30p.m. in the Council Chambers at 5938 Kauffman Avenue.
Chairman