STAFF REPORT
Meeting Date: July 16, 2024
To: Honorable Mayor & City Council
From: Masa Alkire, AICP, Assistant Director of Community Development/City Planner
Philip Coronel, Associate Planner
Subject: Request by Councilmember Mirisch to Consider Reviewing the Planning Commission’s Decision to Approve a Tree Removal Permit at 1001 North Roxbury Drive
Attachments: 1. Unsigned Planning Commission Resolution
2. Project Plans
INTRODUCTION
Councilmember Mirisch has requested that the City Council consider reviewing the Planning Commission’s approval of a Tree Removal Permit to remove three heritage trees located within front setback areas at 1001 North Roxbury Drive. If the Council orders the review, staff recommends setting the hearing for Tuesday, August 20, 2024.
DISCUSSION
On June 26, 2024, the Planning Commission approved a Tree Removal Permit to allow for the removal of three heritage trees located with the front setbacks of the property located at 1001 North Roxbury Drive (the “project site”) within the City’s R-1.X OneFamily Residential Zone (Central Area). The property consists of a double frontage along North Roxbury Drive and Whittier Drive, as well as a street side yard along Lexington Road. The project site contains 44 trees. Thirty of those trees are located within the front setbacks and street side setbacks (i.e., tree protection areas), and have a circumference of greater than 48” which would classify these trees as protected trees. Of the 30 protected trees, three protected heritage trees are proposed for removal. The Commission’s approval of the Tree Removal Permit includes the following:
Removal of two Coastal Redwood (Sequoia Sempervirens) – 94” and 107” in circumference; and
Removal of one London Plane Sycamore (Platanius Acerfolia) – 75” in circumference.
As part of the Planning Commission’s review of the project, the Commission evaluated whether the project met the findings for a Tree Removal Permit pursuant to Beverly Hills Municipal Code (BHMC) §10-3-2902. The Commission determined that the project met the requirements pursuant to State and local laws and regulations based on evidence available in the record and voted 5-0 to approve the project.
The Planning Commission imposed additional conditions to further minimize the impact of the proposed tree removals by requesting larger, more mature replacement trees.
The purpose of the conditions is to also minimize the impact the tree removals may have on the streetscape along Roxbury Drive and Whittier Drive. The Commission’s additional conditions include the following:
Applicant shall install three replacement trees in the location shown on the planting plan submitted to the Planning Commission on June 26, 2024 and such replacement trees shall be a minimum of 25 feet in height at time of installation and a minimum tree maturity height of 70 feet, and which shall be from the plant palette provided by the Applicant in the presented landscape plans.
The replacement trees shall be planted prior to the issuance of building permits for the primary residence.
The applicant shall submit revised plans incorporating the revised landscape elevation (Sheet No. L-3.02) presented to the Planning Commission, on June 26, 2024, and the revised planting plan as required pursuant to Condition No. 1.
A final, unsigned copy of the resolution adopted by the Planning Commission on June 26, 2024, is attached for reference to provide a more detailed explanation of the Commission’s decision (Attachment 1).
Pursuant to Beverly Hills Municipal Code §1-4-201, et seq., the City Council may order a review of any decision made by any commission, board or official of the city. Such review may be ordered by motion of the Council within 30 calendar days after the Planning Commission’s decision on the project, which was made on June 26, 2024. If a review is ordered, the Commission’s action will be stayed pending Council review.
The decision before the City Council at this time is limited to whether to call the item up for review because the matter merits review by the Council. The Council is not being asked at this time to make any evaluation or assessment of the merits or circumstances of the project or the Planning Commission’s action.
FISCAL IMPACT
The recommendation in this report does not have significant budget or fiscal impacts for the City beyond staff time and noticing costs.
RECOMMENDATION
Staff recommends that the City Council determine whether to call up the Planning Commission’s decision for review. If a majority of the Council votes to call the matter up, staff recommends setting the public hearing for Tuesday, August 20, 2024.
Michael Forbes, AICP
Director of Community Development
Approved By
1 RESOLUTION NO. 2062
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF BEVERLY HILLS CONDITIONALLY APPROVING A
TREE REMOVAL PERMIT TO REMOVE THREE HERITAGE
TREES WITHIN THE FRONT YARD OF THE PROPERTY
LOCATED AT 1001 NORTH ROXBURY DRIVE (PL2300506).
The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:
Section 1. Jason Somers, on behalf of the property owner, Groverbury LLC (collectively, the “Applicant”), has submitted an application for a Tree Removal Permit to remove three (3) heritage trees located in the front setbacks (along North Roxbury Drive and Whittier Drive) of the property located at 1001 North Roxbury Drive (the “Project”). The removal of the three heritage trees does not meet the standards necessary for a ministerial Tree Removal Permit to be issued pursuant to Beverly Hills Municipal Code (BHMC) §10-3-2901.B, and therefore requires the Tree Removal Permit to be granted by the Planning Commission pursuant to BHMC §10-3-2902.
Section 2. The Project consists of the removal of three (3) heritage trees located within the front setbacks of the property located along North Roxbury Drive and Whittier Drive, as well as a street side yard along Lexington Road. The Project site consists of a total of 44 trees. 30 of those trees are located within the front setbacks and street side setbacks which classify these trees as protected heritage trees. Of the 30 protected heritage trees, only three (3) protected heritage trees are proposed for removal. There are 14 other trees located throughout the property outside of the front and street side setbacks, nine of which are also being proposed for removal but not subject to this request due to their location on the property (i.e., outside of the tree protection area). There 2 are a total of nine non-protected trees to be removed and five non-protected trees to remain. Pursuant to BHMC §10-3-2900, a heritage tree is defined as any tree not listed on the City’s official list of native trees and with a primary trunk circumference of forty-eight inches (48”) or more, measured at a height of four feet six inches (4’-6”) above natural grade. The trees proposed for removal are protected trees are two Coastal Redwood (Sequoia Sempervirens) trees with trunk circumferences of 94” and 107”, respectively, and one London Plane Sycamore (Platanus Acerfolia) with trunk circumference of 75”.
The Project site consists of a vacant lot located on the western side of the 1000 block of North Roxbury Drive in the Central Area of the city. The site is currently vacant and the construction of a new single-family residence is proposed, which is not the subject of this request.
The site is surrounded by single-family residential properties to the north, south, east, and west, which consist of primarily one and two-story single-family dwellings within the City’s R-1.X, One-Family Residential Zone. The three trees are proposed to be removed to accommodate the construction of the new single-family residence and associated site improvements.
Section 3. The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. The Project qualifies for a Class 4 Categorical Exemption (Minor Alterations to Land) in accordance with the requirements of Section 15304 of the State CEQA Guidelines. This exemption is applicable to minor public or private alterations in the condition of land, water, and/or vegetation, including the replacement of existing conventional landscaping with water efficient landscaping. Therefore, the Planning Commission finds the Project exempt from further review under CEQA. 3 Section 4. Notice of the Project and public hearing was mailed on June 6, 2024, to all property owners adjacent to the Project site whose property rights may be substantially affected by the approval of the requested permit. On June 26, 2024, the Planning Commission considered the application at a duly noticed public hearing. Evidence, both written and oral, was presented at the meeting.
Section 5. In reviewing the request for approval of a Tree Removal Permit to allow for the removal of three (3) protected heritage tree within the front setbacks of the Project site, pursuant to §§10-3-2901 and 10-3-2902 of the BHMC, the Planning Commission considered whether it could make the following findings in support of the Project:
1. The removal of the protected tree will not adversely affect the neighboring properties or the general welfare or safety of the surrounding area; and,
2. The removal of the protected tree will not adversely affect the garden quality of the city.
Section 6. Based on the foregoing, the Planning Commission hereby finds and determines as follows with respect to the Tree Removal Permit:
1. Since the three protected trees are located within the front setbacks of the project site, and will be replaced with three new trees and other site planting, the removal of the three protected trees will not have any significant environmental effects or otherwise harm the public health or general welfare of the surrounding area. Additionally, the protected trees are not located on any hillside or any topographically sensitive area and will therefore not significantly and adversely affect erosion and soil retention. Furthermore, Beverly Hills Fire Department recommends the removal of these protected trees to reduce the amount of trees that burn at a higher temperature and spreads faster to promote fire 4 safety. Therefore, the removal of the protected trees will not adversely affect neighboring properties, general welfare, or the safety of the surrounding area.
2. Removal of the three protected trees will not have an effect on the garden quality of the city because several neighboring properties on Roxbury Drive and Whittier Drive maintain mature trees and foliage such that the removal and replacement of the protected trees with larger sized box trees as replacements will mitigate the impact on the surrounding neighborhood upon replacement. The landscape plan provided by the applicant (Attachment F) shows that protected trees will be replaced by two 48” box Quercus Virginiana “Cathedral” trees (20’-30’ in height and 20’-30’ in width at maturity), and one 60” box Magnolia Grandiflora tree (20’-30’ in height and 20’-30’ in width at maturity). The new trees will be located within the front and side setbacks, in locations that do not conflict with the proposed future improvements. Additionally, the Project site will be improved with new planting throughout the front setback consisting of a variety of other low plantings, including several shrubs and succulents. Therefore, the removal of the protected trees will not adversely affect the garden quality of the city.
Section 7. Based on the foregoing, the Planning Commission hereby approves the requested Tree Removal Permit, subject to the following conditions:
Project Specific Conditions
1. The Applicant shall install three replacement trees in the location shown on the planting plan submitted to the Planning Commission on June 26, 2024 and such replacement trees shall be a minimum of 25 feet (25’) in height at time of installation, with a minimum tree maturity height of 70 feet (70’), and which shall be from the plant palette provided by the Applicant in the presented landscape plans. 5 2. The replacement trees shall be planted prior to the issuance of building permits for the primary residence. Permits for grading, landscaping, and similar activities may be issued as necessary in order for the landscaping to be installed as conditioned, prior to issuance of permits for the primary residence.
3. The applicant shall submit revised plans incorporating the revised landscape elevation (Sheet No. L-3.02) presented to the Planning Commission, on June 26, 2024, and the revised planting plan as required pursuant to Condition No. 1.
4. This approval is for those plans reviewed by the Planning Commission on June 26, 2024, a copy of which shall be maintained in the files of the Community Development Department. The Project shall be consistent with such plans, except as otherwise specified in these conditions of approval.
5. Minor amendments to the approved Project shall be subject to approval by the Director of Community Development. A significant change to the approved Project, as determined by the Director, shall be subject to Planning Commission Review.
Standard Conditions
6. APPEAL. The decision of the Planning Commission regarding the Development Plan Review may be appealed to the City Council within fourteen (14) days of the Planning Commission action by filing a written appeal with the City Clerk. Appeal forms are available in the City Clerk’s office and an appeal fee is required.
7. RECORDATION. This resolution shall not become effective until the owner of the Project site records a covenant, satisfactory in form and content to the City Attorney, accepting the conditions of approval set forth in this resolution. The covenant shall include a copy of this resolution as an exhibit. The Applicant shall deliver the 6 executed covenant to the Department of Community Development within 180 days of the Planning Commission decision. At the time that the Applicant delivers the covenant to the City, the Applicant shall also provide the City with all fees necessary to record the document with the County Recorder. If the Applicant fails to deliver the executed covenant within the required 180 days, this resolution approving the Project shall be null and void and of no further effect. Notwithstanding the foregoing, the Director of Community Development may, upon a written request by the Applicant, submitted prior to the expiration of the 180-day period, grant a written extension of the 180-day time limit for a period of no more than 180 days if, at the time of the request, the Director determines that there have been no substantial changes to any federal, state, or local law that will affect the Project. Regardless of the timelines set forth in this condition, in no event shall a building permit be issued prior to the recordation of the covenant.
8. EXPIRATION. The exercise of rights granted in this resolution shall be commenced within three (3) years of adoption of such resolution unless otherwise extended in accordance with the provisions of Section 10-3-207 of the Beverly Hills Municipal Code.
9. VIOLATION OF CONDITIONS: A violation of any of these conditions of approval may result in a termination of the entitlements granted herein.
10. APPROVAL RUNS WITH LAND: These conditions shall run with the land and shall remain in full force for the duration of the life of the Project. 7 Section 8. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.
Adopted: June 26, 2024
Gary B. Ross
Chair of the Planning Commission of the
City of Beverly Hills
Attest:
Masa Alkire, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:
David M. Snow Masa Alkire, AICP
Assistant City Attorney Assistant Director/City Planner Community Development Department
10/19/2023 03/08/2024 4/19/2024
10/19/2023 03/08/2024 4/19/2024 PLAN CHECK
10/19/2023 03/08/2024 4/19/2024
10/19/2023 03/08/2024 4/19/2024