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Home My WebLink AboutHCPC Resolution 2022-08 12/13/2022 DocuSign Envelope ID:CBF6B966-C2DB-4E11-88F5-D9984D5F5817 RESOLUTION 2022-08 CITY OF PETALUMA HISTORIC AND CULTURAL PRESERVATION COMMITTEE APPROVING DESIGNATION OF A LANDMARK TREE FOR A DEODAR CEDAR TREE LOCATED AT 209 BASSETT STREET APN: 008-094-017 FILE NO: PLTR-2022-0015 WHEREAS, Allison Edwards, property owner, submitted a Landmark Tree Nomination application requesting Landmark Tree designation of a Deodar Cedar tree at 209 Bassett Street (APN 008-094-017) ("Project"); and WHEREAS, the Arborist report, completed by Horticultural Associates, John C. Meserve, ISA Certified Arborist, dated July 18, 2021 (Attachment D) which inspected, documented, estimated age, and supported Landmark Tree designation for the Deodar Cedar tree; and WHEREAS, the Project is subject to review by the Historic and Cultural Preservation Committee consistent with Section 8.28.070 of Chapter 8.28 of the Petaluma Municipal Code; and WHEREAS, on December 13, 2022, the Historic and Cultural Preservation Committee held a duly noticed public hearing to consider the nomination, at which time all persons interested had the opportunity to be heard; and, WHEREAS, on December 13, 2022, the Historic and Cultural Preservation Committee (HCPC) considered a staff report analyzing the nomination, including the California Environmental Quality Act ("CEQA") determination included therein; NOW THEREFORE, BE IT RESOLVED THAT: A. The foregoing recitals are declared to be true and correct and incorporated and are incorporated into this resolution as findings of the Historic and Cultural Preservation Committee. B. Based on the staff report, staff presentation, comments received and the public hearing, the Historic and Cultural Preservation Committee makes the following findings based on substantial evidence in the record: California Environmental Quality Act 1. The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to §15301 (Class 1 - Existing Facilities) which applies to maintenance of existing landscaping, §15304 (Class 4 - Minor Alterations to Land), §15307 (Class 7 - Protection of Natural Resources), which applies to actions taken by regulatory agencies to assure maintenance and protection of a natural resource, and §15308 (Class 8 - Protection of the Environment) which applies to actions taken by regulatory agencies to assure maintenance and protection of the environment The Project also does not trigger any of the exceptions to the exemption outlined in CEQA Guidelines §15300.2. Historic&Cultural Preservation Committee Resolution No.2022-08 Page 1 DocuSign Envelope ID:CBF6B966-C2DB-4E11-88F5-D9984D5F5817 Petaluma Municipal Code 2. The Project is consistent with the Heritage and Landmark Tree standards stated in Chapter 8.28 of the Petaluma Municipal Code (PMC). The Applicant submitted an Arborist report, completed by Horticultural Associates, John C. Meserve, ISA Certified Arborist, dated July 18, 2021 (Attachment D),which inspected, documented, estimated age, and supported Landmark Tree designation for the Deodar Cedar tree. Planning staff has reviewed and accepted this report as part of the Project application.The nomination meets two required criteria for designation of Landmark Trees in that: 1) The tree is of exceptional size/age as relates to generally accepted horticultural standards for the species; The Landmark Tree is of a Deodar Cedar tree species, with a pyramidal shape, wide weeping branches, and needles that are thin, sharp, with a dark green and silver, blue- green appearance. The tree is estimated by the Arborist to be approximately 85 years old, is approximately ±75 feet in height with a canopy of 60 feet in diameter, a base trunk diameter of 37 inches, and two trunks above at 31 and 21 inches in diameter(see Arborist report, Attachment D). As noted within the Landmark Tree nomination form (Attachment C), expressed by the property owner, and compared with a recently cut stump of the identical Deodar Cedar tree species, the tree may range between 120 to 130 years. From the collected information noted above and within the staff report, the tree exhibits an exceptional size and age for its tree species, therefore the tree meets this criterion. 2) The tree is of unusual or distinctive form, character, function or visual impact as related to the species and setting; and The Arborist finds this tree as an excellent candidate for designation as a Landmark Tree based on its overall good condition, long life expectancy, positive species characteristics, minimal susceptibility to pests or disease, and current age and size. The Arborist also states that (1) the tree has direct visual significance on the surrounding neighborhoods, (2) positively impacts the residents, and (3) contributes to the identity of the neighborhood, and collectively contributes to an attractive living environment for surrounding residents. The tree located in the rear yard of 209 Bassett Street, has a distinct and wide pyramidal shape along with its unique two trunk form that is visible from all adjacent streets to the property (Upham, Bassett, and Baker Street) and that is visible from adjacent and neighboring properties. As the tree is described to have a distinct height, character, and visual impact as related to the species and setting, therefore, the tree meets this criterion. Historic&Cultural Preservation Committee Resolution No.2022-08 Page 2 DocuSign Envelope ID:CBF6B966-C2DB-4E11-88F5-D9984D5F5817 ADOPTED this 13rh day of December 2022, by the following vote: Commission Member Aye No Absent Abstain/Recused Rinehart X Perlis X Pitingaro X van Ommeren X Whitley X DocuSigned by: F76255FA8B4B4CA... Bill Rinehart, Chair ATTEST: APPROVED AS TO FORM: �VBB(11168AD1428. cuSigned by: DocuSigned by: �.. 2588C556ED25412... Olivia Ervin, Principal Environmental Planner Dylan Brady, Assistant City Attorney For Andrew Trippel, Planning Manager Historic&Cultural Preservation Committee Resolution No.2022-08 Page 3 DocuSign Envelope ID:CBF6B966-C2DB-4E11-88F5-D9984D5F5817 Exhibit 1 CONDITIONS OF APPROVAL Deodar Cedar Tree Landmark Designation 209 Bassett Street APN: 008-094-017 FILE NO: PLTR-2022-0015 Standard Conditions of Approval Planning Division 1. The designation does not supersede State law which provides an adjacent property owner with the right to reasonably remove those portions of a tree that hang over onto adjacent property. Such trimming, in compliance with the provision of state law, shall be considered routine trimming and maintenance, shall not require a permit, and shall not be considered in opposition to the Landmark Tree designation. 2. The regular care and maintenance of the designated tree resource is allowed without a permit in accordance with Section 8.28.090- Preservation and maintenance. Permit(s) will be required for certain activities that exceed reasonable regular care and maintenance as described in Section 8.28.100- Permits for certain activities. 3. Substantial alterations to the tree shall be performed by an ISA Certified Arborist Specialist by the property owner at 209 Bassett Street. 4. Pursuant to the Petaluma Municipal Code Section 8.28.080- Notification of designation, a notice of deed restriction shall be recorded against the property to ensure that all subsequent property owners are duly advised of the city tree designation. 5. The day following approval, a CEQA Notice of Exemption ("NOE") is to be filed and the amount required and published by the Sonoma County Clerk shall be charged to the Applicant. Historic&Cultural Preservation Committee Resolution No.2022-08 Page 4