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HomeMy WebLinkAbout3.0_Barrett Encroachment_PA2020-288CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 22, 2020 Agenda Item No. 3 SUBJECT: Barrett Encroachment (PA2020-288) Encroachment Permit No. N2020-0512 SITE LOCATION: 445 Tustin Avenue APPLICANT: Niall and Staci Barrett OWNER: Niall and Staci Barrett PLANNER: Abby Cooke, Associate Civil Engineer 949-644-3323, acooke@newportbeachca.gov PROJECT SUMMARY A request to waive City Council Policy L-6 to retain existing non-compliant private improvements consisting of two walls with a maximum height of 39 inches that encroach up to 8 feet within the Tustin Avenue public right-of-way. RECOMMENDATION 1)Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15303 under Class 3 (New Construction or Conversion of Small Structures), because it has no significant effect on the environment; 2)Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain non-compliant private improvements consisting of two walls that encroach into the Tustin Avenue public right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and 3)Adopt Resolution No. PC2020-039 waiving City Council Policy L-6 and approving Encroachment Permit No. N2020-0512 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Barrett Encroachment (PA2020-288) Planning Commission, October 22, 2020 Page 2 VICINITY MAP SUBJECT PROPERTY 3 INTENTIONALLY BLANK PAGE4 Barrett Encroachment (PA2020-288) Planning Commission, October 22, 2020 Page 3 INTRODUCTION The property owners of 445 Tustin Avenue (“Owners”) are requesting a waiver of City Council Policy L-6 (“Policy”) to retain two existing walls with a maximum height of 39 inches that encroach up to 8 feet into the public right-of-way on Tustin Avenue (Attachment No. PC 2). There are no approved plans or permits for the wall. Based on aerial imagery, a wall within the Tustin Avenue right-of-way was constructed before 2001 and reconstructed in 2010. The Owners, who moved into their home in 2006, are seeking to comply with City Policy and obtain an encroachment agreement for the existing wall. Because the improvements are not consistent with the Policy, Planning Commission review of a waiver of the Policy is required. The Owners are also requesting to retain two existing olive trees located behind the existing walls. The existing trees will be maintained by the Owners per City Council Policy G-1, Retention, Removal, and Maintenance of City Trees (Attachment No. PC 3). The existing trees are not on the Tree Designation List of City Council Policy G-6, Maintenance and Planting of Parkway Trees, and will not enter the City’s tree inventory (Attachment No. PC 4). The maintenance of the trees requires the execution of a standard encroachment agreement, an administrative task subject to the approval of the Public Works Director or designated staff and does not require Planning Commission approval. Please see attached site plan, site photos, and Owner letter dated September 16, 2020 (Attachment Nos. PC 5, 6 and 5). DISCUSSION City Council Policy L-6, Encroachments in Public Rights-of-Way, explains and describes how the public rights-of-way are to be reserved for public use or open space; and that the rights of the public, present and future, are not to be diminished by the retention of private improvements within the public rights-of-way. The Policy specifies allowable and prohibited encroachments and describes the required permits and/or encroachment agreements. Private encroachments that are prohibited without a waiver of Policy L-6, which outlines private encroachment prohibitions including “…structural encroachments including, but not limited to, fences, walls, patios, raised planters, etc., which encroach in excess of one (1)-foot into the public right-of-way or exceeds three (3)-feet in height…” The Owners are requesting a waiver of this policy to allow the retention of two walls that encroach up to 8 feet into the Tustin Avenue public right-of-way with a maximum height of 39 inches as measured from the adjacent sidewalk elevation. 5 Barrett Encroachment (PA2020-288) Planning Commission, October 22, 2020 Page 4 The following facts were considered in reviewing this matter: 1) The Tustin Avenue parkway within the public right-of-way is approximately 12 feet wide; 2) Improvements appear complementary to the area; adjacent neighbors have similar private fence and wall encroachments within the Tustin Avenue right-of-way. Some of the adjacent encroachments are permitted through an encroachment permit and agreement, whereas others have been constructed without approval; 3) The existing private improvements do not diminish the rights of the public along the Tustin Avenue right-of-way. The City does not require sidewalks on Tustin Avenue, nor does the City have plans for installing sidewalks on this street; however, the City retains the right to construct a sidewalk or other public improvements in the area if it is warranted in the future; 4) Improvements appear complementary to the area; neighbors have similar private encroachments within the Tustin Avenue right-of-way. The requested wall will closely align with the permitted fence that has an existing encroachment agreement at 429 Tustin Avenue. Some of the adjacent encroachments are permitted through an encroachment permit and agreement, whereas others have been constructed without approval; 5) The Owners will be maintaining the two existing Olive Trees; 6) There is no driveway located along Tustin Avenue where the proposed improvements could obstruct sight distance for drivers; 7) There is a City storm drain along the Tustin Avenue right-of-way, however, the existing private improvements do not obstruct the existing utility; and 8) Approval would require the Owners to enter into an Encroachment Agreement to allow the existing improvements as requested, and any liability associated with the existing private improvements would be transferred to the Owners. Additionally, if the need for public improvements should arise in the future, Owners shall agree to remove all encroachments at no cost to the City. The Public Works Director has reviewed this request and supports the policy waiver for the requested improvements. In staff’s review of the site conditions, the existing improvements do not hinder the use of the public right-of-way. The private improvements are not a detriment to the health, safety and welfare of the public. The retention of the private improvements does not diminish the rights of the public, present and future, at this location provided an encroachment agreement between the City and the Owners is executed. 6 Barrett Encroachment (PA2020-288) Planning Commission, October 22, 2020 Page 5 Conditions of Approval Should the Planning Commission elect to approve the waiver and retention of the existing private improvements and appurtenances, staff recommends the requirement of an encroachment agreement consistent with Policy L-6. The encroachment agreement specifies the rights of the City and any liability associated with the existing private improvements would be transferred to the Owners. The encroachment agreement will be recorded onto the property’s title, provides important notice for the current and future property owners, and protects the City. Environmental Review This project is categorically exempt from the California Environmental Quality Act Guidelines pursuant to Sections 15303 (New Construction or Conversion of Small Structures), because it has no significant effect on the environment. Class 3 exempts the construction of accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The proposed improvements (stairs, pilasters, and fences) are consistent with this exemption. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: Abby Cooke Associate Civil Engineer Jim Campbell Deputy Community Development Director 7 Barrett Encroachment (PA2020-288) Planning Commission, October 22, 2020 Page 6 ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 City Council Policy L-6 (Encroachments in Public Right-of-Way) PC 3 City Council Policy G-6 (Maintenance and Planting of Parkway Trees) PC 4 City Council Policy G-1 (Retention, Maintenance, and Removal of City Trees) PC 5 Site Plan PC 6 Site Photos PC 7 Owner Letter dated September 16, 2020 01/12/18 8 Attachment No. PC 1 Draft Resolution with Findings and Conditions 9 INTENTIONALLY BLANK PAGE10 RESOLUTION NO. PC2020-039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO. N2020-0512 FOR A REQUEST TO RETAIN IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT 445 TUSTIN AVENUE (PA2020-288) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Niall and Staci Barrett, (“Owners”), with respect to property located at 445 Tustin Avenue, Newport Beach, California and legally described as Lot 25 in Block 1 of Tract No. 919 (“Property), requesting approval of an encroachment permit. 2. The Owners request to retain non-compliant improvements within the Tustin Avenue public right-of-way including two walls with a maximum height of thirty-nine (39) inches that encroach up to eight (8) feet into the public right-of-way (“Project”). 3. The requested encroachment is not specifically provided within City Council Policy L-6, thus, the requested encroachment is prohibited under Section A (Private encroachments that are prohibited without a waiver and approval) of said policy. Due to this prohibition, the requested encroachment may only be approved upon the waiver of City Council Policy L- 6 and approval of the encroachment permit by the Planning Commission. 4. A telephonic public meeting was held on October 22, 2020 in the City Council Chambers located at 100 Civic Center Drive, Newport Beach due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and City Council Policy L-6 (Encroachments in Public Rights of Way). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 5. The Property is not located within the coastal zone. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 11 Planning Commission Resolution No. PC2020-039 Page 2 of 4 2. The Class 3 exemption includes construction of a single-family residence and related accessory structures in a residential zone. The proposed improvements, which consist of steps and a fence with pilasters within the public right-of-way, are accessory to the existing single-family home. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with City Council Policy L-6 (Encroachments in the Public Rights-of-Way), the following findings and facts in support of such findings are set forth: Finding: A. The existing private improvements will not be a detriment to the health, safety and welfare of the public. Facts in Support of Finding: 1. There are no current plans to install sidewalks within the Tustin Avenue public right-of- way. The existing improvements include two (2) walls with a maximum height of thirty- nine (39) inches and an existing 33-inch wide concrete walkway. These encroachments do not hinder the present or future use of the public right-of-way, including sidewalks, and there are no existing City utilities located within the encroachment area. 2. The Owners will be maintaining the two (2) existing Olive Trees. 3. There is no driveway located along Tustin Avenue where the proposed improvements could obstruct sight distance for drivers. 4. There is a City storm drain along the Tustin Avenue right-of-way, however, the existing private improvements do not obstruct the utility. 5. Approval would require the Owners to enter into an Encroachment Agreement to allow the existing improvements as requested, and any liability associated with the existing private improvements would be transferred to the Owners. Additionally, if the need for public improvements should arise in the future, Owners shall agree to remove all encroachments at no cost to the City. 12 Planning Commission Resolution No. PC2020-039 Page 3 of 4 Finding: B. The individual circumstances applicable to this application and the proposed encroachment are consistent with the public interest. Facts in Support of Finding: 1. The existing improvements have been in place for many years (approximately 15-20 years) and do not appear to be hazardous. 2. The proposed improvements appear complementary to the area as adjacent properties have similar existing encroachments. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby waives City Council Policy L-6 and approves Encroachment Permit No. N2020-0512, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) days following the date this Resolution is adopted unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF OCTOBER, 2020 AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Erik Weigand, Chairman BY:_________________________ Lauren Kleiman, Secretary 13 Planning Commission Resolution No. PC2020-039 Page 4 of 4 EXHIBIT “A” CONDITIONS OF APPROVAL PUBLIC WORKS DEPARTMENT 1. The Project shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. 2. The Project are subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Owners shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Encroachment Permit and any associated Encroachment Agreements. 4. The Owners shall enter into an Encroachment Agreement within one (1) calendar year upon receipt of approval, otherwise this approval shall automatically expire. 5. To the fullest extent permitted by law, Owners shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Barrett Encroachment (PA2020-288) including, but not limited to, Encroachment Permit No. N2020-0512. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Owners, City, and/or the parties initiating or bringing such proceeding. The Owners shall indemnify the City for all of City's costs, attorneys’ fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Owners shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 14 Attachment No. PC 2 City Council Policy L-6 15 INTENTIONALLY BLANK PAGE16 L-6 ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY It is the general policy of the City that the public rights-of-way shall be reserved for public use or open space; and that the rights of the public, present and future, shall not be diminished by the installation of private improvements within the public rights-of-way. For any project located within the Coastal Zone also look to Newport Beach Municipal Code Title 21, or any successor title. Categories of encroachments and improvements are listed below, together with the permit requirement for each category. Permit and/or encroachment agreement required. A. Except as expressly set forth herein, permits and/ or encroachment agreements are required for encroachments into the public rights-of-way. B. Application for any permit, as required by this policy, shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof. Drawings for encroachment permits requiring Planning Commission review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. C. If the application is for a permit required under private encroachments that are prohibited without a waiver, it shall be submitted to the Planning Commission for consideration. 1. The Planning Commission is designated to grant or deny a waiver and approve, conditionally approve, or deny applications for encroachment permits, subject to the findings in subsection (a), of this Section. a. The Planning Commission may grant a waiver and may approve or conditionally approve an application for an encroachment permit if the Planning Commission finds the encroachment will not be a detriment to the health, safety, and welfare of the public. b. If an application for a private encroachment that is prohibited without a waiver is part of a larger approval requiring City Council approval, then the Planning Commission shall make a recommendation to the City Council regarding whether this policy should be waived and the permit granted. 1 17 C. The Planning Commission shall have discretion to refer any request for a waiver or encroachment permit before the Planning Commission to the City Council for consideration. d. Any decision made by the Planning Commission may be appealed or called for review in accordance with Chapter 20.64. 2. Notice of the Planning Commissions review of a request to waive a provision of this policy shall be: a. Mailed to property owners within 300 feet of the project site at least ten (10) calendar days in advance of a meeting. The notice shall contain the address of the project site, the applicant's name, a brief description of the improvements, date, time, and place of the meeting, and a statement informing the public that they have the ability to provide comments to the Planning Commission; and b. Posted on or close to the subject property in a prominent location at least ten (10) calendar days before the scheduled hearing by the Planning Commission in the following manner: i. One or more sign(s) shall be posted as determined by the Public Works Director. ii. The size and location of the sign(s) shall be as determined by the Public Works Director. iii. The applicant for the encroachment permit/waiver shall be responsible for maintaining the sign(s) in a satisfactory condition. iv. The applicant for the encroachment permit/waiver shall remove all sign(s) at the end of the appeal period. 2 18 L-6 Private encroachments that are prohibited without a waiver and approval. A. All structural encroachments including, but not limited to, fences, walls, patios, raised planters, landscaping, etc., which encroach in excess of one (1) -foot into the public right-of-way, or exceed thee (3) -feet in height, measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists. B. Driveway approaches not conforming to Council Policy L-2. C. Modifications to original design concepts approved by the City. D Private signs except as provided for in the Building Code. E. Lighting. F. Parkway walkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/ textured concrete or flat stone/brick/pavers installed at grade. G. Private dwellings and appendages including raised patios decks and bay windows, except as provided for in this section and the Building Code. H. Pay telephones and private mail carriers drop boxes. General private encroachments that require an encroachment permit and if applicable, an encroachment agreement from the Public Works Department. A. Drive approaches conforming to Council Policy L-2. B. Standard sidewalks. C. Carriage walks (not to exceed twenty-five percent (25%) of the parkway area). D. Parkway surfacing (standard or colored/ textured concrete or flat stone/brick) installed at grade (not to exceed twenty-five percent (25%) of the parkway area). E. CATV and public utility facilities. 3 19 L-6 F. Structural encroachments including, but not limited to, fences, walls, patios, raised planters, etc., which encroach one (1) foot or less and do not exceed three (3) feet in height within the public right-of-way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Planning Commission review is warranted, the Department may forward the item to the Planning Commission for action in accordance with the procedures set forth for granting waivers for private encroachments that would otherwise be prohibited. G. Mailboxes, when required by the U.S. Postal Service. Mailboxes shall be installed per U.S. Postal Service requirements. Mailbox base construction length and width shall not exceed the length of the mailbox, or twenty-four (24) inches, whichever is less. H. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. There shall be at least four 4) feet of clear sidewalk width and/or pedestals shall be placed in the parkway outside of walk area. I. When connecting to or relocating public utilities. J. Artificial Turf (permeable) up to 100% of the required parkway landscape area. Artificial turf grass shall be installed in accordance to manufacturers' recommendations. Material must be securely anchored and maintained so as to eliminate disrepair, fading, tearing, wrinkling and or edge curling or any other type of material performance. Material shall be replaced prior to the aforementioned conditions occur. Prohibited application: Indoor and outdoor carpet, green in color or otherwise. The Director of Public Works shall from time to time update the standards for this application. See Artificial Turf Material and Installation Standards. K. Tree and shrub planting and removal. L. Median landscaping. If, in the opinion of the Public Works Departments, the approved planting is not being maintained for view, safety clearance and sight distance, Newport Beach Municipal Code Chapter 10.50, "Public Nuisance Abatement," or any successor statute, shall be used to remove offending plant material. M 20 L-6 The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value shall be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal" or a minimum forty-eight (48) inch box tree replacement value. Area specific private encroachments requiring an encroachment permit from the Public Works Department and subject to the execution of an encroachment agreement for non-standard improvements. A. Structural encroachments which do not exceed three (3) feet in height measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists, including, but not limited to fences, walls, and raised planters in public rights-of- way in areas that are more than eight (8) feet behind the face of curbs on the following streets: 1. Santa Ana Avenue from Cliff Drive to Fifteenth Street. B. Permitted Structural Encroachments on Balboa Island along South Bay Front, North Bay Front, Grand Canal, and East Bayfront are as follows: 1. Planters that do not exceed one (1) foot in height may be installed between the back of existing sidewalk and property line, planted with ground cover and shrubs not to exceed two (2) feet in height measured from sidewalk elevation; 2. Fences and walls with a minimum setback of two (2) feet six (6) inches from back of sidewalk. a. For patios constructed at grade elevation to one (1) foot above sidewalk grade elevation, fences and walls may be three (3) feet high above sidewalk grade. b. For patios constructed greater than one (1) foot above sidewalk grade elevation, fences and walls must be set back a minimum of three (3) feet from back of sidewalk, not exceed two (2) feet six (6) inches in height above the patio, have at least forty percent (40%) visibility through them, and not to exceed four (4) feet in height above existing public sidewalk grade. 5 21 L-6 3. Patios with a minimum setback of two (2) feet six (6) inches from the back of sidewalk. a. Raised Patios are permitted provided they have a maximum height of two (2) feet six (6) inches above sidewalk grade, are set back a minimum of two (2) feet six (6) inches from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting the Bay front bulkhead are replaced "If required by the Public Works Department" in conformance with the requirements of the Public Works Department; Stairs located a minimum of two (2) feet six (6) inches from back of sidewalk. C. Structural encroachments which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios, and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets: 1. Southerly side of West Bay Avenue between 8th Street and 15th Street. D. Non-standard encroachments, including, but not limited to fences, walls, and raised planters within City easements as approved by the Public Works Director. E. Buena Vista Boulevard - Bay Avenue to Edgewater Avenue. The street right-of- way in this reach is ten (10) feet wide, with private property on both sides of the public way. Improvements allowed at this location shall consist of the following: 1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way line maintained by the City. 2. Landscaping under twenty-four (24) inches in height and park -like improvements in the remaining portion of the right-of-way shall be allowed if installed and maintained by the adjoining property owners. Private improvements such as walls, fences, gates, signs and living areas such as cabanas and other roofed structures shall not be allowed. 3. Access to existing private piers and floats shall be allowed where a harbor permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions. F. Edgewater Avenue - Buena Vista Boulevard to Island Avenue. The street right- of-way in this reach is forty (40) feet wide with private property on the inland side. The bay side is improved with a privately constructed bulkhead on public property. Improvements allowed at this location shall consist of the following: 0 22 1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way line maintained by the City. 2. Landscaping under twenty (24) inches in height and park -like improvements in the remaining portion of the right-of-way (between the sidewalk and the bulkhead) shall be allowed if installed and maintained by the adjoining property owner. Private improvements such as fences, gates, signs, and living areas shall not be allowed. 3. Access to private piers and floats shall be allowed where a harbor permit has been granted, but such access structures shall not be expanded beyond the permit dimensions. G. Edgewater Avenue - Island Avenue to Alvarado Street. The street right-of-way in this reach is forty (40) feet wide with private property on the inland side. The bay side is improved with a sloping beach leading to the waters of the bay. Improvements allowed at this location shall consist of the following: 1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way maintained by the City. 2. The remaining portion of the right-of-way shall be reserved as a public beach and no private improvements, impediments or boat storage shall be allowed except for access to existing piers and floats where a harbor or a mooring permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions. Any existing permits to encroach on the right-of-way shall be rescinded H. Edgewater Avenue - Alvarado Street to Fernando Street. The street right-of-way in this reach is fifty (50) feet wide. The bay side is improved with a sloping beach leading to the waters of the bay. The private lots bayward of the public right-of- way are under water and within State Tidelands. Improvements allowed at this location shall consist of the following: 1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way maintained by the City. 2. The remaining portion of the right-of-way shall be reserved as a public beach and no private improvements, impediments or boat storage shall be allowed except for access to existing piers and floats where a harbor permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions. I. Bay Front Street Ends 7 23 L-6 1. Bay front street ends at beach level may contain two (2) foot wide planting areas bounded by redwood or concrete strips and containing hedges no more than two (2) feet in height above the adjacent surface. The planting areas may be installed: a. At each side of the prolongation of the street and extending no more than fifteen (15) feet from the end of the paved street. b. At the end of the paved street, except that a twelve (12) foot wide opening must be left for City emergency and maintenance equipment, and pedestrians to enter the beach area. 2. Bay front street ends where tidal flow prevents standard installation may be landscaped, subject to the prior approval by the City of specific plans prepared by the applicant. Access to beach areas shall be provided for in any such specific plans. 3. Improvements shall be installed at the expense of the adjacent property owners. 4. Landscape maintenance and watering shall be provided by the adjacent property owners to the satisfaction of the City. A sprinkler system connected to the adjacent property shall be installed in each planter J. Unimproved Ocean Front Street Ends 1. Improvements shall be installed at the expense of the adjacent property owners. 2. Landscape maintenance and watering shall be provided by the adjacent property owners to the satisfaction of the City. A sprinkler system connected to the adjacent property shall be installed in each planter. 3. All work shall be installed to grades established by the Public Works Department. 4. A four (4) foot wide sidewalk shall be provided on each side of the street right-of-way adjacent to the property line. 5. A minimum of twelve (12) feet of unobstructed access to the beach in the center of the right-of-way shall be surfaced with brick, asphalt, concrete or artificial turf, or an equivalent surfacing approved by the City. NO 24 L-6 a. Portland Cement Concrete. A minimum six (6) inches over native compacted material. b. Asphalt Concrete. A minimum two (2) feet six (6) inches of asphalt concrete over a six (6) inch thick aggregate. C. Brick. Brick installed over four inches of imported aggregate base. A dry mix of one-to-one cement and clean plaster sand to be swept into the one-quarter (1/4) to one-half (1/2) inch space between bricks. The dry mix shall be moistened with a fine spray of water after it is in place. 6. Planters five (5) feet wide shall be provided between the side and the center access along a portion of each side of the street with a heavy emphasis on drought resistant plant materials. Plant materials shall be installed to City specifications. A six (6) inch to eighteen (18) inch high lip of concrete, brick or rock may be installed as part of the planter. 7. Special provisions shall be made in the design when garage access is required from street ends. 8. Where unusually large quantities of sand exist in a street end area, the City shall assist the adjacent owners by moving the sand to an area determined by the City. K. Unimproved Alleys that End at the Ocean Front 1. Improvements shall be installed at the expense of the adjacent property owner. 2. All work shall be installed to grades established by the Public Works Department. 3. Landscaping of potted plants shall be permitted in the portion of the alley right-of-way that terminates at the ocean front sidewalk. A six (6) foot wide inviting passageway shall be maintained for pedestrian access. 4. Where vehicles or pedestrians will travel, alleys may be surfaced with brick, asphalt, concrete or equivalent surfacing. 5. Improvements shall extend from the nearest street of alley improvement to the northerly line of the ocean front. E 25 L-6 If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Planning Commission review is warranted, the Department may forward the application to the Planning Commission for original action in accordance with the procedures set forth for granting waivers for private encroachments that would otherwise be prohibited. The City Manager is authorized to execute, on behalf of the City, agreements for non- standard improvements, which are entered into pursuant to this section or other authorization. Private encroachments not requiring a permit. A. Parkway lawn, ground cover and drought tolerant planting. Parkway areas with the exception of carriage walks/ parkway paving/ artificial turf shall be entirely planted with lawn, ground cover and/or drought tolerant planting. B. Parkway sprinkling systems. C. Use of public streets and projections over public property, which are covered by the latest adopted edition of the California Code of Regulations Title 24 under a valid building permit issued by the City. Encroachments on public sidewalks Newport Beach sidewalks are a desirable place to walk, stroll and jog and it is, therefore, the policy of the City that public sidewalks are to provide unobstructed passage whenever possible. Sidewalks shall be reserved for public use and the rights of the public shall not be diminished by the installation of benches, planters, bicycle racks, etc., by private entities nor by the installation of facilities by public utilities or other public agencies. It is the policy of the City that encroachments on public sidewalks shall be subject to the following: A. General 1. Permitted encroachments shall not reduce the sidewalk width available for normal pedestrian movement. 2. Permitted encroachments may be located in areas between tree wells or other existing improvements as long as they do not interfere with pedestrian travel. 10 26 L-6 3. Permitted encroachments shall be located at least eighteen (18) inches from the curb face. In areas where vehicles do not park or otherwise extend over the sidewalk, this setback may be reduced. 4. Permitted encroachments shall not be located within thirty-six (36) inches of a parking meter or street light, nor shall they be located where they will interfere with the normal use of other facilities. 5. Encroachments shall not block access from parked cars. 6. They shall not be located within ten (10) feet of a crosswalk, fire hydrant or driveway. 7. Encroachments may not be chained or otherwise anchored to any tree, streetlight, parking meter or other property. 8. Applicant shall pay all costs for City and/or the California Department of Transportation ("CalTrans") permit processing where necessary. 9. Applicant shall pay all costs associated with the installation and maintenance of the encroachments by the City or private installer. B. Public Benches 1. When applying the above requirements to benches, allowance shall be made for the space required for a person sitting on the bench. 2. Benches to be installed in an area where there is a theme or bench style shall conform to that theme or style. C. Public Bicycle Racks 1. Bicycle racks shall be located to allow bicycles to extend five (5) feet from the center of the rack and comply with the above requirements. History 1969,08/25) - L-6 - Adopted (Private Encroachments in Public Rights -of -Way) 1969,08/25) - I-12 - Adopted (Ocean Front Street -End Improvements) 1970, 03/ 09) - L-6 - Reaffirmed 11 27 W 1970, 03/ 09) - I-12 - Amended 1971, 02/08) - L-6 - Reaffirmed 1972,02/14) - L-6 Amended 1972, 02/14) -1-12 Reaffirmed 1973,12/ 10) - L-6 - Reaffirmed 1973,12/ 10) - I-12 Amended 1974,11/ 11) - L-6 Reaffirmed 1974,11/ 11) -1-12 Amended 1975,08/11) - L-6 Amended 1977, 03/14) - L-7 Adopted (Encroachments and Bay Access on Buena Vista Blvd. - Edgewater Ave. Between bay Ave. and Fernando St.) 1977, 09/ 12) - L-7 - Reaffirmed 1981, 02/ 09) - L-6 Amended 1981, 02/ 09) -1-12 Amended 1981, 08/24) - L-10 Adopted - incorporating I-12 & L-10 1981,11/23) - L-6 - Amended 1982,11/08) - L-10 Amended 1986,10/27) - L-6 - Amended 1987, 01/26) - L-6 - Amended 1987,07/13) - L-6 - Amended 1989,02/ 13) - L-6 - Amended 1989,08/14) - L-6 - Amended 1989,11/27) - L-6 - Amended 1989,11/27) - L-10 Amended 1991,12/09) - L-6 - Amended 1992,12/14) - L-6 - Amended 1993, 01/11) - L-18 Adopted (Encroachments on Public Sidewalks) 1993, 07/12) - L-6 - Amended 1994,01/24) - L-6 - Amended 1994, 01/24) - L-7 - Reaffirmed 1994, 01/24) - L-8 _ Amended - changed to L-8 1994, 01/24) - L-15 Amended - changed to L-15 1994, 05/09) - L-6 - Amended 1995,02/27) - L-6 - Amended 1996,02/26) - L-6 - Amended 1996,02/26) - L-15 Amended 2001, 05/08) - L-6 - Amended 2001, 05/ 08) - L-7 - Amended 2001, 05/08) - L-8 - Amended 2015, 01/27) - L-6 - Amended 2018, 08/14) - L-6 - Amended (incorporating L-6, L-7, L-8 & L-15) 2018,11/27) - L-6 - Amended 12 28 Attachment No. PC 3 City Council Policy G-6 29 INTENTIONALLY BLANK PAGE30 G-6 1 MAINTENANCE AND PLANTING OF PARKWAY TREES The City Council is vitally interested in beautification of City parkways. Public cooperation in helping to develop and maintain healthy and attractive parkway trees is encouraged. I. MAINTENANCE OF PARKWAY TREES The Municipal Operations Department will trim the parkway trees on a rotation schedule. An effort will be made to trim the parkway trees on less than a three- year cycle. If the rotation trimming is completed in less than three years, more frequent trimming will be performed on certain trees and in view areas. Public safety issues such as low branches and heavy foliage will be given priority over view trimming. An effort will be made to trim parkway trees located in heavy summer traffic areas during the fall and winter months. Annual trimming of certain species of trees prone to wind damage will be done prior to the winter season. II. TREE DESIGNATION LISTS The City Council has adopted an official street tree list, the Street Tree Designation List, which will be used by the Municipal Operations Department to determine species for replacement of trees removed from established parkways and for planning purposes in all new subdivisions and commercial developments. A second list, the Parkway Tree Designation List, has been added as a species palette for residents to choose approved, new and replacement, trees based on the size of parkway available for planting. The Municipal Operations Director will have the authority to add species to the Street and Parkway Tree Designation Lists, which will be updated on an annual basis by the Municipal Operations Department staff and reviewed by the Parks, Beaches and Recreation Commission (“Commission”) for approval before adoption by the City Council. III. STANDARDS AND SPECIFICATIONS FOR PLANTING PARKWAY TREES General Requirements 1. 72-hour notification shall be given to the Municipal Operations Department staff prior to the initial installation of parkway trees for approval of species, material quality, and planting supervision. 24-hour notice shall be given prior to all subsequent inspections as required. 31 G-6 2 2. Position of parkway trees is subject to approval by the Municipal Operations Department, and any tree not properly placed will be relocated at no cost to the City. In the interest of public safety, trees shall be planted not less than: • 15 feet back of beginning of curb returns at intersections. • 10 feet from lamp standards. • 10 feet from fire hydrants. • 5 feet from service walks or driveways. • 10 feet from meters and sewers. • 25 feet from stop signs. 3. Trees shall be a minimum container size of 36” size box. • Condition: Plants shall be symmetrical, typical for variety and species, healthy, vigorous, free from plant disease, insect pests and shall have healthy, normal root system free from being root bound. Trees shall not be pruned nor topped prior to delivery. • Inspection: All plant material shall be subject to inspection and approval by the Municipal Operations Department staff prior to planting. The City has the right to reject any item offered in its sole and absolute discretion. • Parkway Tree Planting: Per City Standards as found in the Tree Planting Detail available on the City’s website. IV. GUARANTEES 1. 36” boxed trees shall be guaranteed as to growth and health for a period of one year after final acceptance by the Municipal Operations Department staff. 2. Trees that fail to grow or are injured or damaged during planting operations shall be replaced within 15 days after notification. Replacement material shall be guaranteed to be specified as original guaranteed material. V. ESTABLISHED PARKWAYS 1. For all City Trees in established parkways, adjacent property owners and/or applicants must: • Choose from the species listed on the Street Tree Designation List where it applies, or from the Parkway Tree Designation List for all other areas for planting new and replacement trees. 32 G-6 3 • Accept responsibility for watering and fertilizing new trees. • Contact the City Arborist by sending a written request for one or more parkway trees or questions regarding this Policy to: Attn: City Arborist, P. O. Box 1768, Newport Beach, California 92659-1768. 2. The City will: • Approve species, location, and spacing of tree planting. • Furnish, install, stake, and initially fertilize new trees (exception would be trees planted in accordance with City Code 13.09.010). • Prune and spray tree as required. • Approve type of root barriers for installation. • Assume trimming responsibilities. VI. PARKWAYS IN ESTABLISHED RETAIL COMMERCIAL/OFFICE CENTERS Parkway street trees that are removed because they are diseased or have damaged property may be replaced with the same species of trees (or a species other than the designated street tree) provided (a) the parkway street tree is located adjacent to or within an established retail commercial/office development; (b) replacement with the same species will maintain the appearance of the streetscape and/or ensure consistency with an established landscape master plan adopted by the adjoining landowner; (c) the parkway street trees have a history of little or no hardscape damage nor injury claims related to hardscape damage caused by the tree; and (d) the property owner has agreed in writing to repair or pay the cost of repair/and or replacement of hardscape or underground utilities damaged by the new trees. [Attachment - Exhibit A] [Attachment - Exhibit B] History Adopted I-19 – 11-22-1982 Amended I-19 – 11-14-1983 Amended I-19 – 10-22-1990 Amended I-19 – 10-22-1992 Amended I-19 – 1-24-1994 (changed to G-6) Amended G-6 – 7-23-2002 Amended G-6 – 4-13-2004 Amended G-6 – 8-24- 2004 Amended G-6 – 9-8-2015 Amended G-6 – 8-8-2017 33 Exhibit A Tree Designation List G-6 4 STREET ID HOA FROM TO BOTANICAL NAME COMMON NAME ANACAPA DR Fashion Island 1300 1300 Ficus rubiginosa 1. Rusty Leaf Fig BALBOA BLVD E 600 2100 Syagrus romanzoffiana 1. Queen Palm BALBOA BLVD W 1000 1500 Arbutus unedo Cassia leptophylla Washingtonia robusta 1. Strawberry Tree 2.Gold Medallion Tree 3. Mexican Fan Palm BALBOA BLVD W Median 1000 3200 Washingtonia robusta 1. Mexican Fan Palm BLUE KEY Harbor View Hills South 3600 3734 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem BLUE WATER DR Broadmoor 2501 2825 Magnolia grandiflora 'St Mary' 1. Magnolia, St. Mary's BOMBERO ST Fashion Island 800 800 Ficus rubiginosa 1. Rusty Leaf Fig BRIGHTON RD Cameo Shores 4501 4651 Bauhinia variegata 1. Purple Orchid BUCK GULLY DR Harbor View Hills South 4000 4001 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem CAMDEN DR Parkway Cameo Shores 4501 4699 Bauhinia variegata 1. Purple Orchid CAMDEN DR Slope Cameo Shores 4500 4599 Bauhinia variegata 1. Purple Orchid CAMEO HIGHLANDS DR Cameo Highlands 500 735 Bauhinia variegata 1. Purple Orchid CAMEO SHORES RD Parkway Cameo Shores 101 346 Bauhinia variegata 1. Purple Orchid CAMEO SHORES RD Slope Cameo Shores 100 350 Bauhinia variegata 1. Purple Orchid CATAMARAN DR Harbor View Hills South 3400 3630 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem COAST HWY E 1600 1600 1. Bauhinia blakeana 2. Archontophoenix cunninghamiana 1. Hong Kong Orchid 2. King Palm 34 Exhibit A Tree Designation List G-6 5 COAST HWY E 2200 3934 1. Bauhinia blakeana 2. Archontophoenix cunninghamiana 1. Hong Kong Orchid 2. King Palm COAST HWY E 4001 4401 1. Bauhinia blakeana 2. Archontophoenix cunninghamiana 1. Hong Kong Orchid 2. King Palm COAST HWY E 4104 4400 1. Bauhinia blakeana 2. Archontophoenix cunninghamiana 1. Hong Kong Orchid 2. King Palm COAST HWY E Median 300 2100 1. Spathodea campanulata 2. Archontophoenix cunninghamiana 1. African Tulip Tree 2. King Palm CORTLAND DR Cameo Highlands 4500 4839 Bauhinia variegata 1. Purple Orchid CROWN DR Even Harbor View Hills 2720 2740 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem CROWN DR Parkway Harbor View Hills 2501 2735 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem DE ANZA DR Magnolia grandiflora 'cultivar' DORCHESTER RD Cameo Highlands 4500 4833 Bauhinia variegata 1. Purple Orchid EBBTIDE RD Even Harbor View Hills 2700 2700 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem EBBTIDE RD Parkway Harbor View Hills 1100 2915 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem EVENING CANYON RD 301 365 Erythrina caffra 1. Coral Tree FAIRFIELD DR Parkway Cameo Shores 4501 4645 Bauhinia variegata 1. Purple Orchid FAIRFIELD DR Slope Cameo Shores 4500 4500 Bauhinia variegata 1. Purple Orchid 35 Exhibit A Tree Designation List G-6 6 FARALLON DR Fashion Island 1900 2101 Ficus rubiginosa 1. Rusty Leaf Fig GARRETT DR Parkway Cameo Highlands 501 725 Bauhinia variegata 1. Purple Orchid GARRETT DR Slope Cameo Highlands 500 500 Bauhinia variegata 1. Purple Orchid GOLDENROD AVE 200 721 Washingtonia robusta 1. Mexican Fan Palm GOLDENROD AVE Harbor View Hills 900 1133 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem HAMPDEN RD Even Cameo Shores 4500 4700 Bauhinia variegata 1. Purple Orchid HAMPDEN RD Parkway Cameo Shores 4501 4717 Bauhinia variegata 1. Purple Orchid HARBOR VIEW DR Parkway Harbor View Hills 2500 3007 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem HARBOR VIEW DR Slope Harbor View Hills 2800 3101 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem HELIOTROPE AVE *7 200 721 1. Magnolia grandiflora 'Little Gem' 2.Howea Fosteriana 1. Magnolia, Little Gem 2. Kentia Palm HERON WAY Harbor View Hills South 1300 1325 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem INLET ISLE DR Harbor View Hills South 3701 4012 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem IRVINE AVE Median 1. Phoenix dactylifera 2. Spathodea campanulata 1. Date palm 2. African tulip ISLAND VIEW DR Broadmoor 2501 2727 1. Magnolia, Little flora 'Little Gem' 2. Howea Fosteriana 1. Magnolia, St.flora 'Little Gem' 2. Howea Fosteriana JAMBOREE RD 500 600 1. Tabebuia avellanedae 2. Liquidambar styraciflua 'Rotundiloba' 1. Lavendar Trumpet 36 Exhibit A Tree Designation List G-6 7 2. Roundleaf Sweet Gum JAMBOREE RD Median 800 900 1. Tabebuia avellanedae 2. Liquidambar styraciflua 'Rotundiloba' 1. Lavendar Trumpet 2. Roundleaf Sweet Gum JAMBOREE RD Median 1100 1500 1. Tabebuia avellanedae 2. Liquidambar styraciflua 'Rotundiloba' 1. Lavendar Trumpet 2. Roundleaf Sweet Gum KEEL DR Harbor View Hills South 1200 1537 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem KEY BAY Harbor View Hills South 3800 3930 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem KEY VIEW Harbor View Hills South 1436 1456 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem KEY WEST Harbor View Hills South 1200 1224 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem LIGHTHOUSE LN Broadmoor 2500 2828 Magnolia grandiflora 'St Mary' 1. Magnolia, St. Mary's MACARTHUR BLVD 1. Magnolia grandiflora 'Little Gem' 2. Liquidambar styraciflua 'Rotundiloba' 1. Magnolia, Little Gem 2. Roundleaf Sweet Gum MARGUERITE AVE 200 721 Archontopoenix cunninghamiana 1. King Palm MARGUERITE AVE 1600 1740 Archontopoenix cunninghamiana 1. King Palm MARGUERITE AVE Even 1520 1520 Archontopoenix cunninghamiana 1. King Palm 37 Exhibit A Tree Designation List G-6 8 MILFORD DR Cameo Shores 101 345 Bauhinia variegata 1. Purple Orchid MORNING CANYON RD 318 342 Erythrina caffra 1. Coral Tree NEWPORT BLVD 100 600 1. Tipuana tipu 2. Tristani laurina 3. Washingtonia robusta 1. Tipu 2. Tristania Laurina 3. Mexican Fan Palm NEWPORT BLVD 2600 3300 1. Tipuana tipu 2. Tristani laurina 3. Washingtonia robusta 1. Tipu 2. Tristania Laurina 3. Mexican Fan Palm NEWPORT CENTER DR 100 900 Washingtonia robusta 1. Mexican Fan Palm NEWPORT CENTER DR 1000 1200 Washingtonia robusta 1. Mexican Fan Palm NEWPORT CENTER DR Median 100 900 Washingtonia robusta 1. Mexican Fan Palm NEWPORT CENTER DR Median 1000 1200 Washingtonia robusta 1. Mexican Fan Palm ORRINGTON RD Parkway Cameo Shores 4500 4645 Bauhinia variegata 1. Purple Orchid ORRINGTON RD Slope Cameo Shores 4510 4510 Bauhinia variegata 1. Purple Orchid OUTRIGGER DR Harbor View Hills South 1200 1430 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem PARK GREEN DR Harbor View Hills South 3601 3907 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem PEARL AVE 100 132 Magnolia grandiflora ‘Little Gem’ 1. Little Gem Magnolia PEBBLE DR Parkway Harbor View Hills 2700 2921 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem PEBBLE DR Slope Harbor View Hills 2800 2800 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem PERHAM RD Parkway Cameo Shores 4501 4645 Bauhinia variegata 1. Purple Orchid 38 Exhibit A Tree Designation List G-6 9 PERHAM RD Slope Cameo Shores 4500 4500 Bauhinia variegata 1. Purple Orchid POPPY AVE 200 352 Tristania laurina Spathodea campanulata 1.Water Gum 2.African Tulip Tree QUIET COVE 3400 3449 Geijera parviflora 1. Australian Willow ROCKFORD PL Cameo Highlands 500 521 Bauhinia variegata 1. Purple Orchid ROCKFORD RD Cameo Highlands 500 721 Bauhinia variegata 1. Purple Orchid ROXBURY RD Cameo Shores 4500 4646 Bauhinia variegata 1. Purple Orchid SALT AIR CIR Broadmoor 2501 2601 Magnolia grandiflora 'St Mary' 1. Magnolia, St. Mary's SALT AIR DR Odd Broadmoor 1301 1301 Magnolia grandiflora 'St Mary' 1. Magnolia, St. Mary's SALT AIR DR Slope Broadmoor 1300 1320 Magnolia grandiflora 'St Mary' 1. Magnolia, St. Mary's SAN CLEMENTE DR Fashion Island 850 901 Ficus rubiginosa 1. Rusty Leaf Fig SAN MIGUEL DR Fashion Island 300 366 Ficus rubiginosa 1. Rusty Leaf Fig SAN MIGUEL DR Fashion Island 1600 2601 Ficus rubiginosa 1. Rusty Leaf Fig SAN NICOLAS DR Fashion Island 500 567 Ficus rubiginosa 1. Rusty Leaf Fig SAND KEY Harbor View Hills South 1200 1235 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem SANDCASTLE DR Harbor View Hills South 850 1555 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem SANDPIPER DR Parkway Harbor View Hills 1010 1106 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem SANDPIPER DR Slope Harbor View Hills 1015 1101 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem 39 Exhibit A Tree Designation List G-6 10 SANDUNE LN Harbor View Hills South 3800 3930 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem SANTA BARBARA DR Fashion Island 870 1001 Ficus rubiginosa 1. Rusty Leaf Fig SANTA CRUZ DR Fashion Island 800 901 Ficus rubiginosa 1. Rusty Leaf Fig SANTA MARIA RD Fashion Island Ficus rubiginosa 1. Rusty Leaf Fig SANTA ROSA DR Fashion Island 1500 1501 Ficus rubiginosa 1. Rusty Leaf Fig SAUSALITO DR Harbor View Hills South 3400 3621 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem SEA LN Harbor View Hills 900 950 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem SEABREEZE LN Harbor View Hills South 3400 3631 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem SEACREST DR Harbor View Hills South 1200 1533 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem SETTING SUN DR Parkway Harbor View Hills 2701 3007 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem SETTING SUN DR Slope Harbor View Hills 2700 3000 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem SURFVIEW LN Harbor View Hills South 3500 3620 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem SURREY DR Cameo Highlands 4500 4824 Bauhinia variegata 1. Purple Orchid TILLER WAY Harbor View Hills South 900 1039 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem TOPSIDE LN Harbor View Hills South 3798 4015 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem TREMONT LN Slope Cameo Shores 4500 4600 Bauhinia variegata 1. Purple Orchid WATERFRONT DR 2200 2220 Schinus Molle California Pepper 40 Exhibit A Tree Designation List G-6 11 WAYNE RD Cameo Highlands 4500 4621 Bauhinia variegata 1. Purple Orchid WHITE SAILS WAY Harbor View Hills 1000 1133 Magnolia grandiflora 'Little Gem' 1. Magnolia, Little Gem 41 Exhibit B G-6 12 City of Newport Beach Parkway Tree Designation List Pkw y Size Botanical Name Common Name Heigh t Sprea d Type Water Needs * 24" Avail . 36" Avail . 48" Avail . Notes 2'+ Archontophoeni x cunninghamian a King Palm 40 20 Evergree n M Yes Yes Yes 2'+ Chionanthus retusus X Chinese Fringe Tree 20 15 Deciduou s M Yes Yes No 2'+ Heteromeles arbutifolia California Holly 20 15 Evergree n L No No No Available -15 Gal 2'+ Photinia X fraseri Fraser Photinia 20 10 Evergree n M Yes Yes No 2'+ Prunus cerasifera 'Newport' Newport Plum 15 10 Deciduou s Yes No No 2'+ Prunus cerasifera 'Purple Pony' Dwarf Purple Leafed Plum 15 10 Deciduou s Yes No No 2'+ Rhaphiolepis "Majestic Beauty" Indian Hawthorne 15 10 Evergree n M Yes Yes No 2'+ Tabebuia chrysotricha Yellow Trumpet Tree 25 20 Deciduou s M Yes No No 2'+ Trachycarpus fortunei Windmill Palm 30 10 Evergree n M Yes Yes Yes 42 Exhibit B G-6 13 City of Newport Beach Parkway Tree Designation List Pkw y Size Botanical Name Common Name Heigh t Sprea d Type Water Needs * 24" Avail . 36" Avail . 48" Avail . Notes 2'+ Tristania laurina (Tristaniopsis laurina) Water Gum 20 10 Evergree n M Yes Yes No 3'+ Betula pendula European White Birch 40 25 Deciduou s H Yes Yes Yes 3'+ Brahea armata Mexican Blue Palm 30 15 Evergree n L Yes No No 3'+ Brahea edulis Guadalupe Palm 30 10 Evergree n L No Yes No 3'+ Cercis canadensis 'Forest Pansy' Forest Pansy Redbud 15 10 Deciduou s M Yes Yes No 3'+ Cercis occidentalis Western Redbud 15 10 Deciduou s L Yes Yes No 3'+ Chitalpa tashkentensis Chitalpa 25 25 Deciduou s L Yes Yes No 3'+ Eryobotrya deflexa no fruit Bronze Loquat 25 25 Evergree n M Yes Yes No 3'+ Heteromeles arbutifolia Toyon Tree 15 10 Evergree n L No No No Available -15 Gal 3'+ Howea forsterana Kentia Palm 35 20 Evergree n M Yes Yes No 43 Exhibit B G-6 14 City of Newport Beach Parkway Tree Designation List Pkw y Size Botanical Name Common Name Heigh t Sprea d Type Water Needs * 24" Avail . 36" Avail . 48" Avail . Notes 3'+ Hymenesporum flavum Sweetshad e 40 20 Evergree n M No No No Available -15 Gal 3'+ Ilex altaclarensis 'Wilsonii' X Wilson Holly 20 15 Evergree n M Yes No No 3'+ Lagerstroemia indica 'Indian Tribes' Crape Myrtle 25 20 Deciduou s M Yes Yes Yes 3'+ Livistona chinensis Chinese Fountain Palm 20 10 Evergree n M Yes No No 3'+ Magnolia grandiflora 'Little Gem' Little Gem Magnolia 20 15 Evergree n M Yes Yes Yes 3'+ Maytenus boaria Mayten Tree 20 15 Evergree n M Yes Yes Yes 3'+ Rhus integrifolia Lemonade Berry 10 10 Evergree n VL No No No Available -15 Gal 3'+ Rhus lancea African Sumac 25 20 Evergree n L Yes No No 3'+ Syagrus romanzoffiana Queen Palm 50 20 Evergree n M Yes Yes Yes 3'+ Washingtonia robusta Mexican Fan Palm 90 20 Evergree n L Yes Yes No 44 Exhibit B G-6 15 City of Newport Beach Parkway Tree Designation List Pkw y Size Botanical Name Common Name Heigh t Sprea d Type Water Needs * 24" Avail . 36" Avail . 48" Avail . Notes 4'+ Arbutus unedo Strawberry Tree 20 20 Evergree n L Yes Yes Yes 4'+ Brachychiton populeneus Bottle tree 50 40 Evergree n L Yes Yes No 4'+ Callistemon citrinus Lemon Bottlebrus h 25 20 Evergree n L Yes Yes No 4'+ Callistemon viminalis Weeping Bottlebrus h 25 20 Evergree n M Yes Yes No 4'+ Cassia leptophylla Gold Medallion tree 25 20 Evergree n M Yes Yes No 4'+ Eucalyptus ficifolia Red Flowering Gum 40 40 Evergree n M Yes No No 4'+ Geijera parvifolia Australian Willow 40 25 Evergree n L Yes Yes Yes 4'+ Laurus noblis Grecian Laurel 40 30 Evergree n L Yes Yes Yes 4'+ Spathodea campanulata African Tulip Tree 30 20 Evergree n M Yes Yes No 4'+ Stenocarpus sinuatus Firewheel Tree 25 15 Evergree n M Yes No No 45 Exhibit B G-6 16 City of Newport Beach Parkway Tree Designation List Pkw y Size Botanical Name Common Name Heigh t Sprea d Type Water Needs * 24" Avail . 36" Avail . 48" Avail . Notes 5'+ Agonis flexuosa Peppermin t Tree 35 35 Evergree n L Yes No Yes 5'+ Albizia julibrissin Silk Tree 40 40 Deciduou s M Yes Yes No 5'+ Bauhinia variegata (purpurea) Purple Orchid Tree 30 20 Deciduou s M Yes Yes No 5'+ Brachychiton acerfolius Flame Tree 40 30 Evergree n L Yes Yes No 5'+ Calodendron capense Cape Chestnut 40 40 Deciduou s M Yes No No 5'+ Erythrina americana (E. coralloides) Naked Coral Tree 30 30 Deciduou s L Yes Yes No 5'+ Eucalyptus sideroxylon Red or Pink Ironbark 60 40 Evergree n L Yes No No 5'+ Fraxinus oxycarpa 'Raywood' Raywood Ash 35 30 Deciduou s M Yes Yes Yes 5'+ Ginkgo biloba 'Fruitless' Maidenhai r Tree 60 40 Deciduou s M Yes Yes Yes 5'+ Jacaranda mimosifolia Jacaranda 40 50 Deciduou s M Yes Yes Yes 5'+ Koelreuteria paniculata Goldenrai n Tree 25 25 Deciduou s L Yes Yes Yes 46 Exhibit B G-6 17 City of Newport Beach Parkway Tree Designation List Pkw y Size Botanical Name Common Name Heigh t Sprea d Type Water Needs * 24" Avail . 36" Avail . 48" Avail . Notes 5'+ Lyonothamnus floribundus Catalina Ironwood 50 30 Evergree n VL Yes No No 5'+ Magnolia grandiflora 'Russett' Russett Magnolia 20 15 Evergree n M Yes Yes Yes 5'+ Magnolia grandiflora 'Saint Mary' Saint Mary Magnolia 25 20 Evergree n M Yes Yes Yes 5'+ Magnolia grandiflora 'Samuel Sommer' Samuel Sommer Magnolia 40 30 Evergree n M Yes Yes Yes 5'+ Magnolia grandiflora. 'Majestic Beauty' Majestic Beauty Magnolia 40 20 Evergree n M Yes Yes Yes 5'+ Melaleuca linnarifolia Flaxleaf Paperbark 30 30 Evergree n L Yes No No 5'+ Melaleuca quinquinerva (virididfolia) Cajeput Tree 40 20 Evergree n M Yes Yes Yes 5'+ Metrosederos excelsa New Zealand Christmas Tree 40 40 Evergree n M Yes No No 5'+ Pinus eldarica (brutia) Afghan Pine 60 50 Evergree n L Yes Yes Yes 47 Exhibit B G-6 18 City of Newport Beach Parkway Tree Designation List Pkw y Size Botanical Name Common Name Heigh t Sprea d Type Water Needs * 24" Avail . 36" Avail . 48" Avail . Notes 5'+ Pistachia chinensis Chinese Pistache 40 40 Deciduou s M Yes Yes Yes 5'+ Podocarpus macrophyllus Yew Pine 50 50 Evergree n M Yes No No 5'+ Prunus ilicifolia subsp. lyonii Catalina Cherry 30 30 Evergree n VL No No No Available -15 Gal 5'+ Pyrus betulaefolia 'Southworth' Dancer Pear 25 20 Deciduou s Yes Yes No 5'+ Pyrus calleryana 'Aristocrat' Aristocrat Pear 30 40 Deciduou s M Yes Yes Yes 5'+ Pyrus calleryana 'Chanticleer' Chanticlee r Pear 35 20 Deciduou s M Yes Yes Yes 5'+ Pyrus calleryana 'Redspire' Redspire Pear 35 25 Deciduou s M Yes Yes Yes 5'+ Quercus douglasii Blue Oak 50 50 Deciduou s VL Yes Yes No 5'+ Quercus ilex Holly Oak 50 50 Evergree n L Yes Yes Yes 5'+ Sapium sebiferum Chinese Tallow Tree 40 35 Deciduou s M Yes Yes No 5'+ Sophora japonica 'Regent' Chinese Scholar Tree 40 40 Deciduou s M Yes Yes No 48 Exhibit B G-6 19 City of Newport Beach Parkway Tree Designation List Pkw y Size Botanical Name Common Name Heigh t Sprea d Type Water Needs * 24" Avail . 36" Avail . 48" Avail . Notes 5'+ Tabebuia avellanedae(Ipe) Pink Trumpet Tree 30 30 Deciduou s M Yes Yes Yes 8'+ Araucaria heterophylla Norfolk Island Pine 80 30 Evergree n M Yes Yes No 8'+ Brachychiton discolor Pink Flame Tree 70 50 Semi L No No No Available -15 Gal 8'+ Cinnamomum camphora Camphor Tree 50 60 Evergree n M Yes Yes Yes 8'+ Erythrina caffra Kaffirboo m Coral Tree 40 40 Evergree n L Yes Yes No 8'+ Eucalyptus maculata Spotted Gum 75 40 Evergree n M Yes No No 8'+ Fraxinus velutina 'Modesto' Modesto Ash 50 30 Deciduou s M Yes Yes Yes 8'+ Koelreuteria bipinnata Chinese Flame Tree 50 50 Deciduou s M Yes Yes Yes 8'+ Liquidambar styraciflua 'Rotundiloba' Round Leafed Sweetgum 60 35 Deciduou s M Yes Yes No 8'+ Lophostemon confertus Brisbane Box 60 40 Evergree n M Yes Yes Yes 49 Exhibit B G-6 20 City of Newport Beach Parkway Tree Designation List Pkw y Size Botanical Name Common Name Heigh t Sprea d Type Water Needs * 24" Avail . 36" Avail . 48" Avail . Notes 8'+ Pinus canariensis Canary Island Pine 80 50 Evergree n L Yes Yes Yes 8'+ Pinus pinea Italian Stone Pine 60 40 Evergree n L Yes Yes Yes 8'+ Pinus torreyana Torrey Pine 70 40 Evergree n L Yes Yes No 8'+ Platanus acerifolia London Plane Tree 70 40 Deciduou s M Yes Yes No 8'+ Platanus mexicana Mexican Sycamore 60 40 Evergree n M Yes Yes No 8'+ Platanus racemosa California Sycamore 60 40 Deciduou s M Yes Yes Yes 8'+ Podocarpus gracilior (Afrocarpus gracilior) Fern Pine 60 60 Evergree n Yes Yes Yes 8'+ Quercus agrifolia Coast Live Oak 70 80 Evergree n L Yes Yes Yes 8'+ Quercus engelmannii Engleman Oak 60 80 Evergree n L Yes Yes No 8'+ Quercus virginiana Southern Live Oak 60 80 Evergree n M Yes Yes Yes 8'+ Schinus molle California Pepper 40 50 Evergree n VL Yes Yes Yes 50 Exhibit B G-6 21 City of Newport Beach Parkway Tree Designation List Pkw y Size Botanical Name Common Name Heigh t Sprea d Type Water Needs * 24" Avail . 36" Avail . 48" Avail . Notes 8'+ Sequoia sempervirens 'Aptos Blue' Aptos Blue Redwood 60 30 Evergree n H Yes Yes Yes 8'+ Tipuana tipu Tipu Tree 50 60 Semi M Yes Yes Yes 8'+ Ulmus parvifolia "Drake" Chinese Elm 60 60 Semi M Yes Yes Yes 8'+ Zelkova serrata Sawleaf Zelkova 40 40 Deciduou s L Yes Yes No 51 INTENTIONALLY BLANK PAGE52 Attachment No. PC 4 City Council Policy G-1 53 INTENTIONALLY BLANK PAGE54 G-1 1 RETENTION, REMOVAL, AND MAINTENANCE OF CITY TREES Goal of Policy To establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest with an inventory that the City can reasonably maintain in a healthy and safe condition through the efficient use of City resources. To require that in approving any tree removal or reforestation request, the Parks, Beaches and Recreation Commission (“Commission “) shall find that the tree removal request will not adversely impact the overall inventory, diversity and age of the City’s Urban Forest. Purpose The purpose of this policy is to establish definitive standards for the retention, removal, maintenance, reforestation, tree trimming standards, and supplemental trimming of City trees. City trees are an important part of the character and charm of the entire City and provide environmental benefits as well. Regular care, trimming, root pruning, maintenance, and programmed replacement are necessary to preserve this charm while at the same time protecting views consistent with City Council Policy G-3, providing personal safety, and preventing public and private property damage and providing a sustainable urban forest. The City classifies public trees in one of three categories: Special City Trees, Problem City Trees, and Standard City Trees. I. SPECIAL CITY TREES It is the City’s policy to retain Special City Trees (“Special Trees”) categorized as Landmark, Dedicated, or Neighborhood trees, because they have historical significance, and/or contribute to, and give character to, a location or to an entire neighborhood. Landmark, Dedicated, and Neighborhood trees are identified by species in Attachment 1, and shall hereinafter be collectively referred to as Special Trees. Trees within these three categories shall be identified, mapped, recorded and administered by staff for the Commission. When staff proposed modifications, the Commission shall review the Special Tree list and forward recommendations for additions or deletions to the City Council for approval. Landmark Trees are identified as those individual Special Trees that possess historical significance by virtue of their size, age, location, or species. 55 G-1 2 Dedicated Trees are Special Trees donated in the memory of specific individuals or organizations. Neighborhood Trees are Special Trees that by their unusual size, number, species, or location lend a special character to a residential, commercial, or business area. All Special Trees shall be retained, unless there are overriding problems which will require their removal such as death, disease, interference with infrastructure, or the creation of a hazardous situation. Prior to considering the removal of any Special Tree(s), the Municipal Operations Director, or designee, shall prepare a report identifying and implementing specific treatment to retain the tree(s). If specific treatment is unsuccessful or impractical in retaining a tree(s) then a full staff report shall be made to the Commission before any further action considering removal is taken. Prior to any removal of Special Tree(s), the City must comply with the noticing provisions of the Removal of City Trees Section set forth in Section IV.A. of this Policy, unless a Special Tree is considered so hazardous as to necessitate an emergency removal. In the case of emergency removals, the Landscape Manager or the City Arborist shall have the authority to direct the removal of a hazardous tree. Long term, most trees reach maturity and decline, and will be replaced one- for-one with the same species or the closest equivalent wherever possible. During normal sidewalk, curb, and street repair activity requiring root pruning, all steps shall be taken to retain Special Trees. If tree roots are to be pruned in association with sidewalk, curb, and gutter improvements, sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both sides of a Special Tree’s roots are to be pruned, one side should be pruned six months to a year in advance of the other side depending upon the species and other related factors. 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 costs are reasonable. All proposed root pruning or other tree treatment shall be evaluated and approved by the City Arborist. Special Trees may be considered for removal in conjunction with a City Council-approved beautification project utilizing the Removal of City Trees procedures noted in Section IV.A. of this Policy. 56 G-1 3 II. PROBLEM CITY TREES A Problem City Tree (“Problem Tree”) is defined as a tree that by virtue of its species causes excessive hardscape or utility damage due to its excessive root system. The following trees are defined as Problem Trees: • Ficus nitida (Indian Laurel Fig) • Ficus rubiginosa (Rusty Leaf Fig) • Ficus benjamina (Weeping Fig) • Erythrina caffra (Kaffirboom Coral Tree) • Fraxinus uhdei (Shamel Ash) • Cupaniopsis anacardioides (Carrotwood) • Liquidambar styraciflua (American Sweet Gum) • Schinus terebinthifolius (Brazilian Pepper) Problem Trees shall not be designated as City parkway trees on the Street Designation Tree List of City Council Policy G-6, unless they are Special Trees. Problem Trees that are not designated Special Trees may be removed for the following reasons: A. The Problem Tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from tree roots and causes significant documented private property damage (greater than $500.00) shall be sufficient criterion for tree removal; or B. The Problem Tree has had a repeated history of significant interference with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage; or C. The Problem Tree has created, in the opinion of the City Arborist, a view impediment that cannot be resolved by normal nor alternative tree trimming procedures. Problem Trees may be proposed for removal by either staff or private property owners. The Municipal Operations Director has the authority to remove Problem Trees. No more than 50 Problem Trees may be removed per year by staff under these criteria without special approval of the Commission. 57 G-1 4 Replacement trees of a 36-inch box size shall be planted if funding, availability and growth space permits. Staff is responsible for notifying the adjacent property owner, the legally established homeowners association, if applicable, and the Councilperson of the district where the removal is proposed, of the intent to remove a Problem Tree. The decision by the Municipal Operations Director to remove a problem tree is final unless called up by at least one Councilperson. The City Arborist shall report the removal of Problem Trees on a monthly basis to the Commission. The cost to remove and replace Problem Trees will be the sole responsibility of the City based on funding, availability and growth space. III. STANDARD CITY TREES A City tree which is located on City real property (parkways, parks, other City-owned property) and not designated as a Special or Problem Tree is designated as a Standard City Tree (“Standard Tree”). It is the City’s policy to retain Standard Trees unless removal is necessary for one of the following reasons: A. The City tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from tree roots and causes significant public or private property damage (greater than $500.00) shall be sufficient criterion for tree removal; or B. The City tree has had a repeated history of significant interference with street or sidewalk drainage; or C. The City tree is dead, diseased, dying, or hazardous, and presents a liability to the City. A dead tree is one that has been assessed by the City Arborist and found to have deceased. Diseased trees are defined as those trees that cannot be cured by current arboricultural methods, are in an advanced state of decline, and have no prospect of recovery. Dying trees are those that have no prospect of recovery. Hazardous trees are defined as those that are defective, have a potential to fail, and would cause damage to persons and property upon failure. The City Arborist will perform a hazard assessment whenever a tree is identified as hazardous. The assessment will identify: structural defects of the tree, parts of the tree most likely to 58 G-1 5 fail, targets where imminent personal injury or property damage may result with tree failure, and procedures or actions necessary to abate the hazard. After assessment, the City Arborist will expeditiously convey his written findings and recommendations to the Municipal Operations Director for evaluation. If the Municipal Operations Director agrees with the City Arborist findings to remove a tree, the hazardous tree will be removed without further delay. In the case of imminent tree failure, the Landscape Manager or the City Arborist shall have the authority to direct the removal of a hazardous tree; or D. The tree(s) have been requested to be removed in conjunction with a City Council-approved City, commercial, neighborhood, or home owners’ association beautification program; or E. The City Manager, upon the advice of the Municipal Operations Director, City Attorney, Risk Manager or the Traffic Engineer, shall have the authority to remove individual Problem or Standard Trees to resolve claims or safety issues. IV. REMOVAL OF CITY TREES The initiation to remove City tree(s) may be made by the staff of the Municipal Operations and/or Public Works Departments, a home owners’ association, or a private property owner by submitting an application to the Municipal Operations Director, utilizing the City Tree Removal form available on the City’s website: www.newportbeachca.gov. The City will replace all trees removed in accordance with the Standard Trees removal criteria on a one for one basis, as funding, availability and growth space permits. Replacement trees will be a minimum of a 36” boxed size. If 36” boxed trees are not available or funding or space constraints prevent planting of a large tree, then a minimum of a 24” boxed tree will be planted. The full costs of removal and replacement of all City Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s), or desires to upgrade to a box size larger than 36” planted as a replacement, then the resident will be responsible for the difference in price. A. Removal of Special City Trees • Special Trees may be considered for removal under the same criteria as Standard Trees in Section IV.C. (Removal of 59 G-1 6 Standard Trees) if a special report, prepared by the Municipal Operations Director and approved by the City Manager, is provided to the Commission detailing the necessity of removal and any specific previous treatment of the tree. • Removal of a Special Tree(s) is initiated by submitting an application utilizing the City Tree Removal form, which must be approved by the City Manager. • After receipt of the application, a Tree Inspection Report shall be prepared by the City Arborist to determine if the tree(s) meets the criteria for consideration for removal outlined in Section IV.C. • Simultaneously, the City Arborist shall determine whether in his/her judgment additional specific treatment can be initiated to retain the tree provided the costs are reasonable. • If a tree(s) is to be removed, the tree(s) will be posted at least 30 days prior to the removal with a sign notifying the public that they have the right to appeal. The sign shall also note a staff contact. • The City Arborist shall also provide a notice of the proposed tree removal to the adjacent property owner (if not the applicant), the private property owners immediately adjacent to the applicant’s property, and the appropriate home owners’ association if applicable, (not applicable to the emergency removal of hazardous trees under Item C nor to trees that meet the criteria of Item E in Section III (Standard Trees)). • Once a recommendation is made by the City Arborist and the Landscape Manager to the Municipal Operations Director or designee and the Director concurs, then the applicant, the adjoining owners, private property owners on either side of the street within 500’ in each direction of the tree location and a home owners’ association, if applicable, shall be notified of the decision to remove or retain the tree(s) at least 30 days before the proposed removal. A home owners’ association is responsible for notification of all association members pursuant to their established procedure. 60 G-1 7 • The Municipal Operations Director, or a designee, shall prepare a staff report for a regularly scheduled Commission meeting of all trees recommended for removal, except for those trees categorized as Item C (dead, diseased, or dying trees) or Item E (claims and safety issues) in Section III (Standard City Trees). • Any appeal to the Council regarding a Commission tree decision must be received by the Municipal Operations Director no later than 14 calendar days following the date of the Commission decision. The Municipal Operations Director will delay any tree removals until the appeal period has expired or until the Commission has acted upon the appeal. • The full costs of removal and replacement of Special Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s), or with the exception of Category C (view) in Section II, which is the sole responsibility of the applicant. B. Removal of Problem City Trees • Problem Trees may be proposed for removal by either City staff, a home owners’ association, or private property owners by written application utilizing the City Tree Removal form. The Municipal Operations Director has the authority to remove Problem Trees. • No more than 50 Problem Trees may be removed per year by staff without special approval of the Commission. • No more than one of three problem parkway trees in a continuous row may be removed in a one year period without a hearing before the Commission, unless part of a reforestation approved by the Commission. Replacement trees of a 36” boxed size shall be planted if funding permits. • Staff is responsible for notifying in advance, if applicable, the adjacent property owner, the legally established homeowners association, and the Councilperson of the district where the removal is proposed of the intent to remove a Problem Tree. 61 G-1 8 • The decision by the Municipal Operations Director to remove a problem tree is final unless called up by at least one Councilperson. The City Arborist shall report the removal of Problem Trees on a monthly basis to the Commission. • The cost to remove and replace Problem Trees will be the sole responsibility of the City based on availability of funding, with the exception of Category C (view) in Section II, which is the sole responsibility of the applicant. C. Removal of Standard City Trees • The initiation to remove a Standard Tree(s) may be made by the staff of the Municipal Operations and/or Public Works Departments, a home owners’ association, or a private property owner by submitting an application to the Municipal Operations Director, utilizing the City Tree Removal form. • After receipt of the application, a Tree Inspection Report shall be prepared by the City Arborist to determine if the tree(s) meets the criteria for consideration for removal as outlined in the above Section III (Standard City Trees). The City Arborist shall determine whether in his/her judgment additional specific treatment can be initiated to retain the tree provided the costs are reasonable. • The City Arborist shall make a finding in regards to inappropriate tree species for a specific location and forward to Landscape Manager. The authority to remove Standard Trees rests with the Municipal Operations Director. • Once a recommendation is made by the City Arborist and the Landscape Manager to the Municipal Operations Director, or designee, and the Director agrees with the recommendation, the City may remove the tree(s). • Staff is responsible for notifying in advance, if applicable, the adjacent property owner, the home owners’ association, and the Councilperson of the district where the removal is proposed of the intent to remove a Standard Tree. • Any appeal to the Commission regarding a tree decision must be received by the Municipal Operations Director no later 62 G-1 9 than 14 calendar days following the date of the notice of intent. The Municipal Operations Director will delay any tree removals until the appeal period has expired or until the Commission has acted upon an appeal. • The City will replace all trees removed in accordance with the Standard Trees removal criteria on a one for one basis. Replacement trees will be a minimum of a 36” boxed size. If 36” boxed trees are not available, or funding or space constraints prevent planting of a large tree, then a minimum of a 24” boxed tree will be planted. If resident/applicant desires to upgrade to a 48” boxed tree or larger, the resident/applicant will be responsible for the difference in price. • The full costs of removal and replacement of Standard Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s) or desires to upgrade to box size larger than 36” planted as a replacement, then the applicant will be responsible for the difference in price. V. REFORESTATION OF CITY TREES A. Description of Reforestation Reforestation is defined as the concept of systematically replacing Problem or Standard 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 trees for the planted location. It is recognized and acknowledged that many City trees were planted years ago and in some cases were planted with specific species that when fully mature cause damage to curb, gutter, sidewalk or underground utilities. Within the geographical boundaries of certain view neighborhoods, City street trees may encroach into blue water views from public and private property depending on the length of time since the trees were last trimmed, or the age and height of the trees. In other cases, the wrong species of tree was planted originally and simply does not conform to the current treescape or represents a safety hazard. 63 G-1 10 The City Street Tree Designation List and the City Parkway Tree Designation List attached to City Council Policy G-6 reflect an effort by the City to designate appropriate tree species that will not cause future problems. The City understands the importance of trees and the beauty they bring to a community, and desires to continually improve the urban forest through reforestation. In areas where City trees have been removed through City initiation, the City will endeavor to replace the trees one for one with the appropriate designated street tree. B. Application for Reforestation Individual private property owners, as well as home owners’ association, may apply for single or multiple tree reforestations in their respective area by submitting a request to the Municipal Operations Director for consideration by the Commission that meets the following requirements: • The proposed area must have clearly defined contiguous geographical boundaries that include the tree(s) proposed for removal and replacement, street address(es), block number(s), or other geographical information. This Section applies to individual and group requests. • 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 for reforestation. The petition content must be approved and dated by City staff prior to distribution by the petitioner. The staff-approved petition must be distributed by the petitioner to a maximum of 30 private property owners (up to 15 contiguous private property owners on both sides of the street up to 500’ in either direction from the location of the proposed reforestation). Signatures by non-property owners are not acceptable for petition purposes, and there may be no more than one signature per property. All petition signatures shall be verified by City staff for property owner status of the person(s) signing the petition. As an alternative to the above requirements, areas represented by a home owners’ association may submit a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the home 64 G-1 11 owners’ association having their residential views affected have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. Individual private property owners living within a home owners’ association with mandatory association membership must petition for reforestation through their respective association. • Individual private property owners not residing within a home owners’ association area may submit individual requests for single or multiple tree reforestations. The applicant 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. The petition content must be approved and dated by staff prior to distribution. All petition signatures shall be verified by City staff for private property owner status of the person(s) signing the petition. • A written agreement must be 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 Municipal Operations Department. The total costs shall include only the contractor’s removal and replacement costs and be paid in advance of any removal actions. • The replacement tree(s) for reforestation shall be an appropriate tree that meets the criteria of the City’s Street Tree Designation List or the City Parkway Tree Designation List as identified in City Council Policy G-6, or the applicant (person, group, or organization) must request and obtain approval from the Commission of the designation of a different tree species prior to submitting any reforestation request for a tree species other than the designated street tree, or an appropriate species based on the City Tree Designation Lists. This Section applies to individual or group requests. 65 G-1 12 • There shall be a minimum of a one for one replacement of all trees removed in reforestation projects. Replacement trees shall be a minimum size of 36” boxed trees, 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. If there is not room for the replacement tree(s) at a specific site as designated by City Council Policy G-6, then the replacement tree(s) shall be planted in a public area in the same neighborhood at the option of the petitioner. This Section applies to individual or group requests. • Reforestation requests must be completed and submitted in a timely manner by the petitioner. Petitions that are dated more than 90 days past the date stamped by staff before distribution will not be forwarded to the Commission for consideration. The Municipal Operations Director may extend this timeframe in his or her discretion. The completed reforestation application will go to the Commission to decide whether to accept or deny the requested reforestation. The decision of the Commission on reforestation requests will be considered final unless called up by at least one Councilmember or the City Manager. • The City shall require the proper care and watering of replacement trees by the reforestation petitioner to ensure their proper growth and development as outlined in City Council Policy G-6. Section 13.090.030 of the Municipal Code outlines what is expected of property owners in regards to proper care of parkway trees adjacent to their property. VI. TREE MAINTENANCE The City will endeavor to fund the care of the Urban Forest to the highest level possible through the efficient use of regular tree trimming, root pruning, root barrier and pesticide programs in accordance with City Council Policy G-6. Section 13.08.040 of the Municipal Code prohibits any person from tampering with City trees. VII. ENCROACHMENT AND DEMOLITION PERMITS All encroachment permits (permits for private property development which are proposed to encroach upon the City right of way) or demolition 66 G-1 13 permits that involve the removal or replacement of City tree(s) must be specifically noticed by the property owner to City staff prior to the building and/or demolition permit process whenever possible. The proposed construction plans must indicate preservation of existing City trees wherever possible (except trees that are dead, dying, or in an advanced state of decline). If the proposed development requires the removal of City trees, the property owner must submit a tree removal form to the Municipal Operations Director, pay all related tree removal and one for one replacement costs, and meet all provisions of City Council Policies L-2 and L-6 and City Municipal Code Sections 13.08 and 13.09, or any successor policies or sections. Approval or disapproval of all tree removal/replacement requests associated with encroachment and demolition permits will be the responsibility of the Municipal Operations Director or a designee. VIII. TREE TRIMMING STANDARDS The City Council has adopted tree trimming cycles for trees of different ages and species. Tree trimming cycles and trimming standards shall represent the maximum feasible frequency given current fiscal conditions. Except as provided in the Supplemental Trimming Section below, trimming shall be in accordance with the standards of the International Society of Arboriculture (ISA). In those communities with a home owners’ association, periodic tree trimming with an emphasis on height reduction will be considered by the City Arborist upon written request by the association. IX. SUPPLEMENTAL TREE TRIMMING The City will consider requests to trim certain trees more frequently or to trim trees consistent with practices applied prior to the adoption of ISA standards (to enhance public and private views, preserve required sight/distance standards, or other public purposes) which are submitted by affected private property owners or the board of a home owners’ association and the request is accompanied by a completed “Supplemental Tree Trimming Form” and full payment for the requested tree trimming. However, since these practices often require ‘topping’ or possible disfiguring of a tree(s) and are often aesthetically displeasing and injurious to a tree, reforestation shall be considered when supplemental tree trimming is impractical or infeasible as determined by the City Arborist. 67 G-1 14 The Municipal Operations Director shall establish procedures to implement the supplemental trimming provisions of this Policy. In areas with an active homeowners association, approval must be obtained from a legally established association by the requestor of supplemental tree trimming if the requested trimming is to be undertaken within the association boundaries. [Attachment - Exhibit A] History Adopted I-9 – 5-9-1966 Reaffirmed I-9 – 8-30-1966 Amended I-9 – 8-14-1967 Reaffirmed I-9 – 11-12-1968 Reaffirmed I-9 – 3-9-1970 Reaffirmed I-9 – 2-14-1972 Amended I-9 – 11-9-1976 Amended I-9 – 11-12-1985 Amended I-9 – 11-28-1988 Amended I-9 – 3-14-1994 (changed to G-1) Amended G-1 – 4-11-1994 Amended G-1 – 2-26-1996 Amended G-1 – 7-14-1997 Amended G-1 (Administratively) – 11-24-1997 Amended G-1 – 8-10-1998 Amended G-1 – 1-25-1999 Amended G-1 – 2-22-2000 Amended G-1 – 4-23-2002 Amended G-1 – 4-27-2004 Amended G-1 – 10-11-2011 Amended G-1 – 9-8-2015 Amended G-1 – 8-8-2017 EXHIBIT A SPECIAL CITY TREES LANDMARK TREES Balboa Boulevard Median Araucaria heterophylla (1) 68 G-1 15 Balboa Library Eucalyptus globulus (3) Balboa Library Phoenix canariensis (2) Bob Henry Park Ficus rubiginosa (1) Castaways Park Phoenix canariensis (1) Lido Hotel Site Ficus microcarpa ‘Nitida’ (2) Dover Drive east of Irvine Avenue Erythrina caffra (1) Dover Drive at Westcliff Liquidambar styraciflua (4) John Wayne Park Erythrina caffra (1) Lido Isle Medians Pinus pinea (4) Main Street Ficus microcarpa ‘Nitida’ (1) Ocean Blvd. Corona del Mar Phoneix canariensis (5) Wedge Area Myoporum laetum (2) West Jetty View Park Phoenix canariensis (2) (near Historical Marker) Westcliff & Dover (Groves) Bike Trail Eucalyptus globulus (49) DEDICATED TREES Bayside Park Pyrus calleryana (Newport-Irvine Rotary Club) Bayview Park Cinnamomum camphora (Gene Atherton) Begonia Park Bauhinia blakeana (Dr. Leo V. Turgeon) Begonia Park Prunus cerasifera (Cheryl Bailey Ringwald) Bob Henry Park Ficus rubiginosa (Bob Henry) Bonita Canyon Sports Park Melaluca linariifolia (Elaine Linhoff) (Fern Pirkle) Buffalo Hills Park Erythrina caffra (Bahia Community Earth Day Celebration) Buffalo Hills Park Stenocarpus sinuatus (N. Beach Sunrise Rotary Club) Castaways Park Pinus torreyana (Kevin Murphy) (Mary Louise Romine) Castaways Park Platanus racemosa (Joe Clarkson) (Michael F. Gustin) (Arthur Grant Kidman Junior) (Grover Stephens, PH.D.) 69 G-1 16 (Arthur C. Wahlstedt, Jr.) (John D. Woodruff) Castaways Park Quercus agrifolia (Nancy Bergeson) (Logan David Burley) (Sawyer Dean Burley) (Sawyer Dean Burley) (Bob & Susan Caustin) (Joe Clarkson) (Yen Chu Kuo) (Ryan Lemmon) (Virginia Najera) (Eva Victoria Najera) (David Rapp) (Nancy & Jack Skinner) (Staycee Stone) (Jason Stradtman) (Robert T. Talbot) (Jan Vandersloot) (Jean Watt) Castaways Park Quercus kelloggii (Gregory Courteau) Cliff Drive Park Bauhinia blakeana (Susan Benz) Cliff Drive Park Cassia leptophylla (Francis P. Hemenway) Cliff Drive Park Quercus agrifolia (Gary Lovell) (Dr. Vandersloot) Eastbluff Park Hymenosporum flavum (Lucy Huntsman) Eastbluff Park Ficus macrophylla (Billy Covert) Galaxy View Park Cupaniopsis anacardioides (Trey Hunter) Galaxy View Park Metrosideros excelsa (Dylan Ayres) Gateway Park Cassia leptophylla (Virgina Herberts) Grant Howald Park Cassia leptophylla 70 G-1 17 (Jean & Coalson Morris) Grant Howald Park Hymenosporum flavum (Skipper Mark Howes) Grant Howald Park Metrosideros excelsus (Mark Munro) (Pete Munro) Grant Howald Park Spathodea campanulata (Cara Lee) Irvine Terrace Park Platanus racemosa (U.S. Bicentennial Freedom Tree) Irvine Terrace Park Pinus pinca (Calif. Bicentennial) Irvine Terrace Park Liquidambar styraciflua (Dana Harmon) Irvine Terrace Park Pinus nigra (Sister City of Okazaki) L Street Park Cassia leptophylla (Tim Van Ostenbridge) Las Arenas Park (Ed Healy) Melaleuca linarifolia M Street median Pinus pinea (Walter Knott) Mariners Park Bauhinia variegata (Sierra Beth) Mariners Park Cedrus deodara (Dr. Anthony & Madeline DeCarbo) Mariners Park Pinus halepensis (Isy Pease) Mariners Park Pinus eldarica (Christopher & Marisha Thomposn) (Meghan & Camielle Thompson) Mariners Park Pinus radiata (Frank Tallman) Mariners Park Stenocarpus sinuatus (N. Beach Sunrise Rotary Club) No. Mariners Park Pinus radiata (Marcie Schrouder) Newport Pier/24th Street Bike Path Chamaerops humilis (Marie “Maxine” Louchis) Old School Park Bauhinia variegata (Mary Jo Tyler) Old School Park Cassia leptophylla (Jean & Coalson Morris) 71 G-1 18 Peninsula Park Chamaerops humilis (Gray Lunde Tree) Peninsula Park Ravenea rivularis (Don Perdue) San Miguel Park Schinus molle (Jon Walters) Spyglass Hill Park Acacia baileyana (Dennis George Brice) (Edith Mary Brice) Veterans Park Lagenstroemia indica fauriei (Rosemary Rae Hill Hansen) WCH & Superior Ave City Parking Lot Cassia leptophylla (Louise Greeley) West Newport Park Erythrina caffra (Russell Marc Beaumont) (Jeff Steven Reinker) West Newport Park Spathodea campanulata (Brownie Girl Scout Troop 2072) Various locations: Castaways Park and Cliff Drive Park slopes (Dr. Jan David Vandersloot & Family) Quercus agrifolia NEIGHBORHOOD TREES 15th Street (Newport Heights) Eucalyptus cladocalyx (13) Along Avon Avenue Eucalyptus globulus (8) Buena Vista and Lindo Avenue Erythrina caffra (1) Candlestick Lane (Baycrest) Eucalyptus citriodora (17) Clay Street Ficus microcarpa ‘Nitida’ (21) (Irvine Ave to St. Andrews Road) Cliff Drive Agathus robusta (4) (north side, west of Dover Drive) Cliff Drive Park Ficus benjamina (1) (Scout House) Commodore Road Eucalyptus citriodora (2) Corona Del Mar State Beach Washingtonia robusta (74) 601 Dover Drive Eucalyptus ficifolia (1) Dover Drive (Mariners to Irvine) Eucalyptus globulus Eastbluff Park Ficus macrophylla (1) Glenwood Lane Eucalyptus citriodora (10) Goldenrod Avenue Washingtonia robusta (144) (Ocean Blvd to Fifth Ave) Heliotrope Avenue (Corona del Mar) Pinus radiata (2) 72 G-1 19 Irvine Avenue (17th St. to Dover) Phoenix dactylifera (Date palm) (30) Irvine Avenue (17th St. to Dover) Spathodea campanulata(African tulip) (39) 128 Kings Road Roystonea regia (1) 128 Kings Road Pseudobombax ellipticum (1) L Street Park Quercus suber (39) Leeward Lane Fraxinus uhdei “Tomlinson” (39) M Street Park Pinus pinea (1) Margaret Drive Median Erythrina caffra (1) Marguerite Avenue Phoenix canariensis (81) (Ocean Blvd to Fifth Ave) Marine Avenue (Balboa Island) Eucalyptus (Various Species) (39) Mariners Drive Jacaranda mimosifolia (52) Newport Center Drive Washingtonia robusta (363) Poppy Avenue (Corona del Mar) Eucalyptus rudis (82) Rhine Wharf Park Archontophoenix cunninghamiana (12) Along Riverside Avenue Schinus terebinthefolius (12) (adjacent to Cliff Drive Park) 725 St. James Road Eucalyptus ficifolia (1) Sandalwood Lane Eucalyptus citriodora (3) Santa Ana Avenue Eucalyptus robusta (38) Seaview Avenue (Corona del Mar) Pinus radiata (5) Shorecliffs Entrance Erythrina caffra (40) Starlight Circle Eucalyptus citriodora (10) Via Lido Bridge Eucalyptus globulus (14) Vista Del Oro Median Erythrina caffra (6) Waterfront Drive Schinus molle (16) (Avocado Ave to Acacia Ave) West Newport Park Metrosideros excelsus(55) 73 INTENTIONALLY BLANK PAGE74 Attachment No. PC 5 Site Plan 75 INTENTIONALLY BLANK PAGE76 77 INTENTIONALLY BLANK PAGE78 Attachment No. PC 6 Site Photos 79 INTENTIONALLY BLANK PAGE80 81 82 Attachment No. PC 7 Owner Letter Dated September 16, 2020 83 INTENTIONALLY BLANK PAGE84 85