Loading...
HomeMy WebLinkAbout09-004 PC ResolutionPC RESOLUTION NO. 09-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY OF TEMECULA" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 16, 2008 the Planning Commission identified a need to amend the adopted Municipal Code to add a new chapter to the Temecula Municipal Code regarding the preservation and protection of Heritage Trees (Long-Range Planning Application No. LR08-0019). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at regular meetings, considered the application and environmental review on April 16, 2008, and again on January 21, 2009, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearings held on April 16, 2008, and again on January 21, 2009, and after due consideration of the testimony, the Commission recommended continuing the item, Long-Range Planning Application No. LR08-0019, to address concerns cited by the Commission. E. The Planning Commission, at a regular meeting, reconsidered the application and environmental review on February 18, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. F. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve Long- Range Planning Application No. LR08-0019 subject to and based upon the findings set forth hereunder. G. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the application hereby finds, determines and declares that: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Heritage Tree Ordinance conforms to the City of Temecula General Plan in that the criteria for establishing a need to preserve and protect landmark trees is identified in the City of Temecula General Plan Open Space/Conservation Element. Furthermore, the proposed Heritage Tree Ordinance directly responds to Goal 5, Policy 5.4 of the General Plan Open Space/Conservation Element and Goal 6, Policy 6.9 of the General Plan Open Space/Conservation Element. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Heritage Tree Ordinance has been designed to be internally consistent with the Municipal Code and the Development Code. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 09- (Heritage Tree Ordinance) is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will protect and preserve Heritage Trees. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed Ordinance. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Long Range Planning Application No. LR08-0019, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of February 2 9. Stanley Harter, Chairman ATTEST: atrick Richardson, Secretary ~[SEALt] e7j _ ST4TE%OF CAI=IFORNIA ) COUNTY OF,/RIVERSIDE )ss 0I1 Y'OF-TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09-04 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of February 2009, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio PLANNING COMMISSIONERS None PLANNING COMMISSIONERS None PLANNING COMMISSIONERS None A2e~ ~ Patrick Richardson, Secretary EXHIBIT A DRAFT CC ORDINANCE ORDINANCE NO. - 09 AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY OF TEMECULA The City Council of the City of Temecula, does ordain as follows: Section 1: Title 8, "Health and Safety," of the Temecula Municipal Code is hereby amended by the addition of a new Chapter 8.48, to read as follows: "CHAPTER 8.48 HERITAGE TREE ORDINANCE Article 1 General Provisions 8.48.100 Title 8.48.110 Purpose 8.48.120 Definitions 8.48.130 Heritage Tree Preservation and Protection Plan 8.48.140 Designation of Heritage Trees 8.48.150 Non-Liability of City 8.48.100 Title This chapter shall be known as "The City of Temecula Heritage Tree Ordinance" and is referred to herein as the "Ordinance." 8.48.110 Purpose The purpose of this Ordinance is to protect and preserve Oak, California Bay Laurel, California Black Walnut, California Holly, and California Sycamore trees as well as other trees of sufficient importance to the community, also known as Heritage Trees; and to justify special efforts to preserve and protect them from development activity. This Ordinance shall become effective 30 days after approval by the City Council and shall apply to all development applications that require a discretionary permit. This Ordinance will also encourage the application of management techniques to control the pruning, cutting, shaping, removal, and relocation of Heritage Trees within the City. The preservation program outlined in this Ordinance will contribute to the welfare and aesthetics of the community and retain the great historical and environmental value of these trees. 8.48.120 Definitions For purposes of this Ordinance, the following words and phrases shall have the meaning set forth in this Section. "Certified Arborist" means an arborist who is registered with the International Society of Arboriculture and approved by the Planning Director. "City" means the City of Temecula. "Cutting" means the detaching or separating, from a protected tree, any limb, branch, or root. Cutting shall include pruning. "Damage" means any unpermitted action, including, but not limited to, cutting, poisoning, over watering, removal, relocation, transplanting, trenching, excavating, or paving within the protected zone of a tree, that causes the injury, death, or disfigurement of a Heritage Tree. "Discretionary Permit" means an application for new construction that requires the exercise of judgment or deliberation or decision on the part of the decision-making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision-making authority merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Disfigurement" means the unsightly and injurious cutting of a Heritage Tree, including, but not limited to tree-trimming practices not in conformance with standards established by the International Society of Arboriculture and pruning practices such as stubbing, heading, heading back, stubbing off, pollarding, tipping, topping off, de- horning, lopping, and rounding. "Deadwood" means limbs, branches, or a portion of a tree that contains no green leaves during a time of year when they would be present on a healthy tree of that type. "Development" means the improvement or use of real property that requires the City's discretionary review and approval. "Drip line" means the outermost edge of the tree canopy, which when depicted on a map, will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. "Encroachment" means any intrusion into or human activity within the protected zone of a Heritage Tree including, but not limited to, pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements. "Heritage Tree" means a tree designated as a Heritage Tree pursuant to Section 8.48.140 of this Ordinance. 2 "Heritage Tree Preservation and Protection Guidelines" means the collection of administrative rules, procedures, and requirements prepared and published by the Planning Director pursuant to Section 8.48.130 of this Ordinance. "Oak Tree" means any oak tree of the genus Quercus including, but not limited to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata). "Owner" means a legal owner of real property within the City of Temecula or any lessee of the owner. "Person" means any individual, firm, association, corporation, organization, or partnership or any city, county, district, the State or any department or agency thereof. "Planning Director' means the City's Planning Director, or his or her designee. "Protected zone" means the area extending horizontally outward from the trunk of a Heritage Tree to a point five (5) feet beyond the drip line but in no case extending less than fifteen (15) feet from the trunk. "Pruning" means the removal of water sprouts, crossed limbs, or other unhealthy branching structure in accordance with standards established by the International Society of Arboriculture. "Relocation" means the transplanting of a tree from its original location to another suitable location. "Removal" means the physical removal of a tree or causing the death of a tree through damaging, poisoning, or other direct or indirect action. "Right-of-Way" means any dedicated street right-of-way, or recorded easement for maintenance or utility purposes. "Routine maintenance" means actions needed for the continued good health of a Heritage Tree including, but not limited to, removal of deadwood, insect control spraying, and watering. "Special District" means an agency having a Board of Directors that is voted in by the public, such as a school district or water district. "Tree Canopy" means the top layer or crown of mature trees. "Tree Report" means a report prepared by a certified arborist regarding the potential impact of development on existing trees; the current health and/or structural stability of existing trees; the restorative or remedial measures for mitigation of potential or actual development impacts to existing trees; or the probability of long-term success of replacement or relocated trees. 8.48.130 Heritage Tree Preservation and Protection Plan The Planning Director shall formulate and publish guidelines necessary to implement the provisions of this Ordinance. Such guidelines shall be called "The City of Temecula Heritage Tree Preservation and Protection Guidelines." The Planning Commission shall have the authority to change, update, or revise the Guidelines as necessary in order to implement the provisions of this Ordinance. Upon submittal of an application for a discretionary permit, the Applicant shall also submit a tree inventory prepared by a certified arborist or a licensed landscape architect which shall list and identify all trees located within the proposed project site. Such tree inventory shall identify all trees by their common and scientific names and location on the site. If Heritage Trees are identified on site, a certified arborist shall prepare a Heritage Tree Preservation and Protection Plan for each potential Heritage Tree to protect them during grading and construction activities and for the life of the project. 8.48.140 Designation of Heritage Trees A. Any specimen of the following species that has reached the required diameter is a Heritage Tree: 1. Oak Trees of the genus Quercus including, but not limited to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata) more than four (4) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 2. Platanus racemosa, (California Sycamore) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 3. Umbellularia californica, (California Bay Laurel) more than eight (8) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 4. Juglans californica, (California Black Walnut) more than eight (8) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 5. Heteromeles (Photinia) arbutafolia, (California Holly) or (Toyon) more than eight (8) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. B. For purposes of paragraph A of this Section, trees with multiple trunks are deemed to have reached the required diameter if the sum of the diameters of the multiple trunks exceeds the diameter required for a single trunk tree by two (2) inches. a C. The Planning Commission or City Council, may, when reviewing a development application, designate any tree on the site of the proposed development, regardless of species, as a Heritage tree if it determines the tree should be preserved and protected as a condition of development due to its age, size, rarity, or appearance. Any Heritage Tree so designated shall continue to be a Heritage Tree for purposes of this Ordinance regardless of whether the approved development is ever initiated. D. Upon application of any member of the public, the Planning Commission may, after holding a noticed public hearing, designate any tree, regardless of species, as a Heritage tree if the Owner of the subject tree supports the application and the Planning Commission determines the tree should be preserved and protected due to its age, size, rarity, or appearance. E. Any tree planted as a replacement for a Heritage Tree pursuant to this Ordinance shall be designated as a Heritage Tree. F. The City, in exercising its police powers, may designate any tree in the City of Temecula as a Heritage Tree, regardless of species or size. Any City initiated Heritage Tree Nomination Application shall be subject to the same noticed public hearing of the Planning Commission as detailed in paragraph D of this Section, except that there shall be no application fee and the Property Owner's consent shall not be required. The Property Owner shall be notified of the public hearing and will have the opportunity to speak in favor of or against the nomination. Approval of a City initiated Heritage Tree Nomination Application shall be made only if a declaration of findings can be made that the tree is thought to be related to an historic event, person, place, or happening, or that multiple criteria on the Nomination Application are.met. G. Any tree designated as a Heritage Tree shall cause the Applicant/Owner to record with the Riverside County Clerk and Recorder's Office a covenant and/or a Notice of Condition Affecting Real Property to protect the tree from future ground disturbing activities. 1. If a tree is designated as a Heritage Tree under Section 8.48.140 F., the City shall pay the recordation fees. 8.48.150 Non-Liability of City Nothing in this Ordinance shall be construed to impose any liability for damages or a duty of care and maintenance upon the City or its officers, employees, agents, or volunteers. s Article 2 Cutting, Removal, Relocation, or Encroachment Upon Heritage Trees 8.48.200 Heritage Tree Maintenance and Preservation 8.48.210 Permit Requirement and Exceptions 8.48.220 Permit Application and Review 8.48.230 Standards of Approval 8.48.200 Heritage Tree Maintenance and Preservation A. All owners of real property on which a Heritage Tree is located and that is improved, approved for development, or part of or associated with the approved development of another piece of property, including but not limited to property required to be maintained as permanent open space or for recreational purposes, shall maintain such Heritage Trees in a state of good health. Failure to do so will constitute a violation of this Ordinance. B. Damaging a Heritage Tree is prohibited. Each action that damages a Heritage Tree shall be a separate violation. 8.48.210 Permit Requirement and Exceptions A. Except as allowed under paragraph B of this Section, no person shall cut, remove, or relocate a Heritage Tree, or encroach into the protected zone of any Heritage Tree without first obtaining a Heritage Tree Pruning/Relocation/Removal Permit from the City in accordance with the provisions of this Ordinance. B. A Heritage Tree may be cut, removed, relocated, or encroached upon without a Heritage Tree Pruning/Relocation/Removal Permit only under the following circumstances: 1. A peace officer, fireman, civil defense official, or code enforcement officer has determined in his or her official capacity that the tree poses an imminent danger to the public or to property, in which case the tree may be cut, removed, relocated, or encroached upon only to the extent necessary to avoid the danger presented. The Planning Department shall be promptly noticed of the nature of the emergency and action taken. 2. Fire Department personnel actively engaged in fighting a fire have determined that removal of the tree is necessary to their firefighting efforts. 3. The tree is less than ten (10) inches in diameter and is held for sale by a licensed nursery. 4. Pruning and routine maintenance necessary to avoid casting a shadow upon a solar power collector located on the property of another. 6 5. City staff has determined it is necessary to cut, remove, relocate, or encroach upon the tree to prepare a site or undertake an approved capital improvement project that has received environmental clearances under the California Environmental Quality Act. 6. The Director of Public Works or the City Traffic Engineer has directed the cutting, removal, relocation, or encroachment in order to (i) maintain public rights-of-way or adequate line-of-sight distances; and (ii) construct improvements within existing or proposed General Plan Circulation Element rights-of-way, adjacent slopes, and appurtenances. 7. Cutting, removal, relocation, or encroachment is required to widen a Principal Intersection to accommodate additional dedicated turning lanes in accordance with adopted goals, objectives and policies contained in the General Plan Circulation Element. 8. Cutting, removal, relocation, or encroachment occurs as part of Construction or maintenance activities for facilities owned or operated by or for a public agency, special district, or a utility company under the jurisdiction of the public utilities commission. 8.48.220 Permit Application and Review A. An applicant for a Heritage Tree Pruning/Relocation/Removal Permit shall submit an application on a form designated by the Planning Director and pay the appropriate filing fee as set by Council resolution. B. If an application for a Heritage Tree Pruning/Relocation/Removal Permit pertains to five (5) or fewer trees located on a single parcel, the Planning Director shall review the application and approve, deny, or conditionally. approve the request. The Planning Director's decision may be appealed to the Planning Commission, which may uphold, modify, or reverse the decision of the Planning Director. C. The Planning Commission shall review all applications for a Heritage Tree Pruning/Relocation/Removal Permit not reviewed in the first instance by the Planning Director. The Planning Commission shall approve, deny, or conditionally approve the request. The Planning Commission's review shall be consolidated with its consideration of all other entitlement applications for the property, if any. D. All decisions of the Planning Commission pursuant to this Ordinance may be appealed to the City Council in accordance with Chapter 2.36 of the Temecula Municipal Code. 8.48.230 Standards of Approval A. An application for a Heritage Tree Pruning/Relocation/Removal Permit may only be approved if the decision-maker finds and determines that the requested cutting, removal, relocation, or encroachment is necessary to: 7 1. Maintain or aid the health, balance, or structure of the Heritage Tree; 2. Protect life or property from a danger posed by the Heritage Tree that cannot be reduced or eliminated by use of reasonable preservation and/or preventative procedures and practices; or 3. Enable the reasonable and conforming use of the property, which is otherwise prevented by the presence of the tree. B. When deciding whether to approve, deny, or conditionally approve a Heritage Tree Pruning/Relocation/Removal Permit, the decision maker may consider the following factors: 1. Whether a public purpose is being provided by the issuance of the permit or if the removal is primarily to facilitate private development; 2. The overall condition, species, approximate age, size and general health of the Heritage Tree(s) to be removed; 3. An arborist's report on the likelihood for survival of any Heritage Tree(s) to be relocated; 4. The species, size and number of replacement tree(s) being provided as mitigation; and 5. Other factors as appropriate, in accordance with a certified arborist's report. C. The decision maker may impose conditions to offset or mitigate the requested cutting, removal, relocation, or encroachment, including, but not limited to, any of the following: 1. The relocation of the subject tree to another location on-site or off- site 2. The planting on-site or off-site of replacement trees of the same or similar species, having the approximate size, age and health as the Heritage Trees to be removed at a 2:1 ratio; 3. The initiation of an objectively observable maintenance and care program in accordance with a certified arborist's report to insure the continued health and care of Heritage Trees on the property; 4. Payment of a fee equal to the cost of procuring, planting, establishing, and maintaining replacement trees on a 2:1 basis, which cost shall be based on the latest edition of either the "Guide for Plant Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of Amenity Trees" of the 8 International Society of Arboriculture. Such payments shall be used solely to fund the cost of replacing trees that have been removed. Article 3 Violations and Enforcement 8.48.300 Violations 8.48.310 Remedies 8.48.320 Restitution 8.48.330 Collection of Penalties 8.48.300 Violations A. Violations of this ordinance are subject to criminal misdemeanor penalties and civil penalties pursuant to Chapters 1.21 and 1.24, respectively, of the Temecula Municipal Code. B. Intimidating, harassing, or otherwise retaliating against any person who seeks to attain compliance with this Ordinance is prohibited. C. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Ordinance is prohibited. D. A violation of this chapter is declared to be a public nuisance. 8.48.310 Remedies A. The remedies provided by this Ordinance are cumulative and in addition to any other remedies available at law or in equity. The City may seek to remedy any violation of this Ordinance by a civil action, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. B. If a violation occurs during development, the City may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and the issuance of Certificates of Occupancy) until a Mitigation Plan has been prepared by a certified arborist, filed by the developer and approved by the Planning Director. C. If a violation occurs in the absence of development, or while an application for a building permit or discretionary development approval is pending for the property upon which the tree is located, the Planning Director may: (1) request the City Council issue a temporary moratorium on development of the subject property pursuant to law; or (2) issue a stop work order halting all activity on the parcel. The purpose of this stop of activity shall be to provide the City an opportunity to determine appropriate mitigation measures, if any, for the tree removal and to ensure such measures are incorporated into any future or pending development approvals for the property. Mitigation measures may be imposed as a condition of any subsequent permits for development on the subject property. 8.48.320 Restitution A. In addition to any other remedy or penalty provided for by the Ordinance, the City may seek restitution from any person who damages, removes, or relocates a Heritage Tree in violation of this Ordinance in the form the replacement of the Heritage Tree so removed or damaged or a fine in lieu of restitution. The Planning Director shall determine the form of restitution required. 1. If the Planning Director determines that restitution should be made in the form of a replacement of the Heritage Trees removed or damaged, the replacement trees shall be the same or similar species of tree, having the approximate size, age and health as the tree(s) damaged or destroyed, at a 2:1 ratio. The location of such plantings shall be determined by the Planning Director; 2. If the Planning Director determines that payment should be made in lieu of restitution, the payment required shall include but is not limited to, the costs of procuring, planting, establishing, and maintaining replacement trees. The cost of the replacement tree shall be based on the latest edition of either the "Guide for Plant Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of Amenity Trees" of the International Society of Arboriculture. Payments made in lieu of restitution shall be used solely to fund the cost of replacing trees that have been damaged or removed in violation of this Ordinance. B. If the size of a Heritage Tree cannot be determined due to its unauthorized removal, the size shall be determined by measuring the stump that remains, anecdotal evidence, or interpolated from photographs or adjacent trees. The Planning Director shall presume that a missing Heritage Tree was in perfect health, unless the photographs or other verifiable evidence demonstrates otherwise. 8.48.330 Collection of Penalties A. Fines and payments in lieu of restitution for violation of this Ordinance are payable at the City's Finance/Cashier office. Fines must be paid within thirty (30) business days. The City's Finance Department is authorized to collect all unpaid civil fines. B. Any unpaid costs or penalties, or payments in lieu of restitution imposed pursuant to this Ordinance shall constitute a special assessment against the real property upon which a violation of this Ordinance has occurred. All costs and/or fines shall be itemized in a written report of assessment. The Planning Director shall cause a copy of the report and assessment to be served on the owner of the property not less than five days prior to the time fixed for confirmation of the assessment. Service may be made by enclosing a copy of the report of assessment in a sealed envelope, postage prepaid, addressed to the owner at his or her last known address as the same appears 10 on the last equalized assessment rolls of the County of Riverside and depositing the same in the United States mail. Service shall be deemed complete at the time of mailing. C. A copy of the report of assessment shall be posted in the City Clerk's office on the bulletin board designated for the posting of agendas, not less than three days prior to the time when the report shall be submitted to the City Council. The City Council shall hear the report, together with any objections by the property owner. After the assessment is made and confirmed by the City Council, it shall be a lien on said property. The lien shall be turned over to the Riverside County Tax Collector, where it shall be levied on the next regular property tax bills for said property, and collected at the same time and in the same manner as other municipal taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for other municipal taxes. 11 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 12