City of Culver City
Staff Report
Mike Balkman
Council Chambers
9770 Culver Blvd.
Culver City, CA 90232
(310) 253-5851
File #: 21-73, Version: 2 Item #: PH-2.
CC - PUBLIC HEARING: Appeal of the Public Works Director’s Decision for Approval of Request for Removal of City-Owned Parkway Tree Located at 10729-31 Northgate Street.
Meeting Date: August 10, 2020
Contact Person/Dept: Eric Mirzaian/Public Works
Phone Number: 310-253-6444
Fiscal Impact: Yes [] No [] General Fund: Yes [X] No [] Public Hearing: [X] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail) Meetings and Agendas - City Council (08/05/2020); (Mail) All property owners within a 100-foot radius of 10729-31 Northgate Street (08/03/2020) Department Approval: Charles D. Herbertson, P.E., Director of Public Works/City Engineer (07/22/2020)
_____________________________________________________________________
RECOMMENDATION
Staff recommends the City Council conduct a public hearing to consider the appeal of the Public Works Director’s decision for approval of a request for removal of City-owned parkway tree located at 10729-31 Northgate Street.
PROCEDURE
1. Mayor calls on staff for a brief staff report and City Council poses questions to Staff as desired.
2. Mayor seeks a motion to open the public hearing, providing the appellant the first opportunity to speak, followed by the general public.
3. Mayor seeks a motion to close the public hearing after all testimony has been presented.
4. City Council discusses the matter and arrives at its decision.
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File #: 21-73, Version: 2 Item #: PH-2.
BACKGROUND
Culver City Municipal Code (CCMC) Sections 9.08.200, et seq., pertain to the removal of trees in parkways. In accordance with Section 9.08.210.B, applicants have the option to request the discretionary removal of a City-owned parkway tree by submitting a written application to the Public Works Director and paying the applicable filing fee. Subsequent to the filing of the request for tree removal, a thorough assessment is conducted by the City’s Urban Forester.
In accordance with the procedures set forth in CCMC Section 9.08.210.C, the Public Works Director then reviews the application and supporting documentation, as well as the Urban Forester’s assessment, to determine whether to approve the requested removal of the particular tree. In determining whether any tree in or on the parkway shall be removed or replaced, the Public Works Director shall determine whether the removal or replacement is in the best interest of the City and the public health, safety and welfare. Such determination shall be based on the criteria set forth in either Subsection C.1 or Subsection C.2 as follows:
1. If any one of the following criteria is met:
a. The tree is dead, dying, or weakened by disease, age, storm, fire or other injuries so as to pose an existing or potential danger to persons, properties, improvements, or other trees; or
b. The removal is necessary for construction of a street improvement project or other public improvement/repair work; or
c. The removal is necessary for a private improvement or development project, see Section 9.08.215.
2. If two or more other criteria are met:
a. The tree is a known species or is otherwise found to be an undesirable species for its location based on tree size relative to available area for tree growth. b. The tree roots are creating extensive and repeated damage to public and/or private infrastructure, including sidewalks, sewer lines, or other utility lines. A history of sewer line blockages from tree roots does not alone provide sufficient reason for tree removal, but rather suggests the need for sewer repair to stop leaks and the accompanying root intrusion that occurs.
c. The tree is creating a public or private nuisance.
CCMC Section 9.08.210.E requires that a formal appeal of the Public Works Director’s decision can be filed within 10 City Hall business days after the date set forth in the notice of decision.
DISCUSSION
On October 1, 2019, the property owner at 10729-31 Northgate Street filed an application for removal of two parkway trees (Ficus
microcarpa
Nitida
) on the Galvin Street side of the property (Attachment 1). The request was made on the justification that the subject trees are known problem species and have outgrown their planting area, the tree roots are causing extensive damage to the public street/sidewalk, and due to the tree roots growing near a high-pressure natural gas line located on Galvin Street as well as other underground utilities.
The Urban Forester’s assessment recommended the removal of both trees based on the justification provided by the applicant in addition to the fact one of the trees has been damaged by vehicular City of Culver City Printed on 8/5/2020Page 2 of 3
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File #: 21-73, Version: 2 Item #: PH-2.
provided by the applicant in addition to the fact one of the trees has been damaged by vehicular traffic in the past which could potentially compromise the stability and health of the tree. The size of both trees is also causing the canopies to encroach into each other which creates a hazardous situation. In addition, the damaged caused to the surrounding sidewalk, curb/gutter and pavement is so extensive that any repairs to be made would require extensive root cutting that will further compromise the stability of the trees. The trees would need to be removed for any future infrastructure repair/improvement to occur.
Based on the applicant’s justification and the Urban Forester’s assessment, the Public Works Director approved the applicant’s request to remove both trees based on the criterion of CCMC Sections
9.08.210.C.1, C.2.a and C.2.b being satisfied (See Attachment 1).
On February 25, 2020, the Director’s decision was mailed to the applicant and all interested persons (Attachment 2). On March 2, 2020 the City received a letter from a property owner of 10740 Northgate Street timely requesting an appeal of the decision to remove the trees (Attachment 3). The appeal is primarily based on the aesthetic value the trees provide to the neighborhood.
Pursuant to CCMC Section 9.08.210.F, the City Council shall affirm the decision of the Public Works Director, unless the appellant demonstrates by substantial evidence, that the decision is based on an error in fact or disputed findings. The decision of the City Council on this appeal shall be final.
FISCAL ANALYSIS
There is no fiscal impact in conducting this public hearing. If the Public Works Director’s decision is upheld, the cost to remove the tree are already budgeted in the Public Works Department-Tree Maintenance Adopted Budget for Fiscal Year 2020-2021. If the Public Works Director’s decision is overturned, then there are no costs associated with the removal of the trees.
ATTACHMENTS
1. 2020-08-10_ATT_Tree Removal Application_Northgate
2. 2020-08-10_ATT_Public Works Director’s Decision Letter_Northgate
3. 2020-08-10_ATT_Appeal Letter_Northgate.
MOTION
That the City Council:
1. Affirm the decision of the Public Works Director to approve the applicant’s request for removal of two trees located at 10729-31 Northgate Street; or
2. Overturn the decision of the Public Works Director, finding that the decision to approve the request to remove the trees located at 10729-31 Northgate Street was based on an error in fact or disputed finding; thereby, denying applicant’s request to remove the trees.
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