The URL can be used to link to this page

Tree Removal - 2000Darcy Smith From: Sent: To: Subject: Catarina Caringello [ccaringello@mindspring.com] Monday, October 30, 2000 7:58 AM darcys@ci.campbell.ca, us Caringello Request for Extension PLN2000-22 Caringello Hamilton Property 795 So. Clover Avenue San Jose, CA 95128 TEL 408.243.0916 FAX 408.243.1005 October 26, 2000 City of Campbell Community Development Department Darcy Smith, Planner I 70 North First Street Campbell, 95008.1423 Subject: PLN2000-22 - Application for permit to remove four redwood trees located at 770 West Hamilton Avenue, Campbell, CA Request for Landscaping Extension Dear Darcy Smith, This is a follow up to our telephone conversation on, Tuesday, October 3, 2000. The four redwood trees were removed on Saturday, September 30, 2000. However the tree stubs and root systems still remain. Due to the proximity of high voltage and gas lines owned by PG &E, the contracted tree removal service recommended a chemical treatment process to kill the remaining stubs and root systems. Once this process is completed, we will finish the landscaping project. In the meantime we are locating and will begin preparations for the planning of four new trees. Should you have any questions regarding the above, please feel to contact me at 408.243.0916. Thank you. Sincerely, Catarina Caringello Property Manager CITY OF CAMPBELL Community Development Department · Current Planning September 27, 2000 James Caringello 795 S. Clover Ave San Jose, CA 95128 Subject: PLN2000-22 - Application for permit to remove four redwood trees at 770 W. Hamilton Ave. Dear Mr. Caringello, At the regular meeting of September 5, 2000, the City Council held a public hearing to consider your appeal of an Administrative Approval of a Tree Removal Permit (PLN2000-22) to allow the removal of four Coast Redwood trees within the side yard of property located at 770 West Hamilton Avenue. After due discussion and consideration, the City Council adopted resolution No. 9731 upholding the Administrative Approval of PLN2000-22 and denying the appeal. This decision is final. The trees may now be removed at your convenience. Please note that the replacement landscaping consisting of trees and shrubs is required within thirty (30) days of the date of removal. Please contact me aRer installation to conduct a site visit to evaluate the landscaping. Should you have any questions regarding the above referenced matter, please do not hesitate to contact me at the Community Development Department at (408) 866-2193. Sincerely, Darcy Smith Planner I Enclosure: City Council Resolution No. 9731 70 North First Street . Campbell, California 95008. 1423 - TEL 408.866.2140 · FaX 408.866.8381 . TDD 408.866.2790 RESOLUTION NO. qTq~ BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING AN ADMI2XFISTRATIVE APPROVAL FOR A TREE REMOVAL PERMIT TO REMOVE FOUR REDWOOD TREES ON PROPERTY LOCATED AT ??0 W. HAaMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. FILE NO. PLN2000-22. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. Based on the evidence presented, the City. Council finds as follows with respect to application PLN2000-22: The four (4) Coast Redwood trees located within the side yard planting area of property. located at 770 W. Hamilton Avenue trees are growing very close (ten to twelve inches) to the building on the property, and can potentially cause substantial damage to the building, sidewalks, parking area and drainage system as well as utility lines that lie underneath the trees. Based on the foregoing findings, the City Council further finds and concludes: The trees can potentially cause substantial damage to existing the main or interfere with utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. PASSED AND ADOPTED this Sth day of September, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABST,&IN: ATTEST: COL~'NCILMEMBERS: Dougherty, Furtado, Watson, Dean, Kennedy COUqqCILMEMBERS: None C OUNCIL~M~EI%~LB ERS: None COUNCILMEMBERS: None ~ . ~* , ,~ /~/ ~ane P. Ke~edy,~ayor ~ ~e Bybee, City Clerk CITY OF CAMPBELL City Clerk's Office September 8, 2000 Mr. Mark Rosenthal 406 Darryl Drive Campbell, CA 95008 Dear Mr. Rosenthal: At the regular meeting of September 5, 2000, the City Council held a public hearing to consider your appeal of an administrative approval of a Tree Removal Permit (PLN 2000-22) to allow the removal of four (4) Coast Redwood trees within the side yard of property located at 770 W. Hamilton Avenue. After due discussion and consideration, the City Council adopted Resolution No. 9731 upholding the Administrative Approval of PLN 2000-22 and denying the appeal. A certified copy of this Resolution is enclosed for your records. Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Darcy Smith, Planner I. Sincerely, Anne Bybee City Clerk Eric. cc. Darcy Smith, Planner I 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2117 - FAX 408.374.6889 · TDD 408.866.2790 19. Approval of Parcel Map (PM 99-03) - 1418 Abbott Avenue and Acceptance of Public Service Easement (Resolution/Roll Call Vote) Resolution 9729 approves the Parcel Map for property located at 1418 Abbott Avenue and accepts the dedications offered thereon for public service easements. 20. Setting Time, Date and Place for Public Hearing on the Proposed Ordinance for Adoption of the 1998 California Building and Fire Codes (Resolution/Roll Call Vote) Resolution 9730 sets the time, date and place for a public hearing on the proposed ordinance for adoption of the 1998 California Building and Fire Codes. M/S: Dean/Watson - to approve the Consent Calendar. Motion adopted by the following roll call vote: AYES: Councilmembers: Dougherty, Furtado, Watson, Dean, Kennedy NOES: Councilmembers: None ORAL REQUESTS Rev. Carole Lunde, 125 E. Campbell Avenue, Campbell, appeared before the City Council and spoke regarding the lack of zoning for churches in the City. Mayor Kennedy referred this matter to staff for follow up. Rosemarie Giangregorio, 426 N. Milton Avenue, Campbell, appeared before the City Council and expressed concerns regarding the volunteer street tree planting program. Mayor Kennedy referred this matter to staff for follow up. PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 21. Appeal of a Planning Commission decision denying an Appeal and Upholding the Administrative Approval for a Tree Removal Permit (PLN 2000-22) to remove four redwood trees on property located at 770 W. Hamilton Avenue (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider an Appeal of the Planning Commission decision denying an Appeal and Upholding the Administrative Approval for a Tree Removal Permit (PLN 2000-22) to remove four redwood trees on property located at 770 W. Hamilton Avenue. Community Development Director Fierro - Staff Report dated September 5, 2000. Minutes of 9/5/00 City Council Meeting Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard. Robert Borello, 14004 Quito Road, Saratoga, appeared before the City Council on behalf of the property owners, and spoke in support of the tree removal application citing concerns about safety and structural damage to the adjacent buildings. Terry Tonty, 406 Darryl Drive, Campbell, appeared before the City Council and spoke against removal of the trees stating that she believes the property owner wants to remove the tree for convenience rather than for the reasons stated of safety and potential utility problems. There being no one else wishing to speak, Mayor Kennedy closed the public hearing. Following discussion, M/S: Dean/Dougherty - that the City Council deny the appeal and uphold the administrative approval for a tree removal permit to remove four redwood trees on property located at 770 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District, File No. PLN2000-22. Motion adopted by the following roll call vote: AYES: Councilmembers: Dougherty, Furtado, Watson, Dean, Kennedy NOES: Councilmembers: None [~TINISHED BUSINESS There were no agendized items. NEW BUSINESS There were no agendized items. COUNCIL COMMITTEE REPORTS 22. City Councilmember Reports There were no City Councilmember reports. BOARDS AND COMMISSIONS There were no agendized items. Minutes of 9/5/00 City Council Meeting 6 oty Council Report ITEM NO: CATEGORY: MEETING DATE: Public Hearing September 5, 2000 TITLE Appeal of a Planning Commission decision denying an appeal and upholding the administrative approval of a Tree Removal Permit (PLN 2000-22) to allow the removal of four (4) Coast Redwood trees within the side yard of property located at 770 W. Hamilton Avenue. CITY COUNCIL ACTION: The City Council may take one of the following actions: 1. Adopt a Resolution upholding the Administrative Approval of PLN2000-22 and denying the appeal; or, 2. Adopt a Resolution granting the appeal and denying the Administrative Approval of PLN2000-22; or, 3. Continue the item for further review. BACKGROUND Administrative Approval: On June 20, 2000, the Community Development Director approved a Tree Removal Permit (PLN 2000-22) to allow the removal of four (4) Coast Redwood trees within the side yard planting area of property located at 770 W. Hamilton Avenue. ' The Tree Removal Permit was approved based upon staff's determination that the trees are growing very close to the building on the property and can potentially cause substantial damage to the building, sidewalks, parking area and drainage system. There is currently only ten to 12 inches between the Redwood tree trunks and the building roof overhang. The arborist's report submitted with the application recommended removal of the trees due to the location of the trees in close proximity to the building, sidewalks, parking area and drainage system. The arbofist stated in his report that the trees have already caused damage to these items and have the potential to cause serious damage to all adjacent structures. In addition, high-voltage electrical, gas and water lines are located in ground underneath the trees and PG&E has indicated that there is a potential for a fire or power outage due to the close proximity of the trees and their roots to these lines. PG&E has recommended that the trees be removed. Staff determined that the situation cannot be reasonably controlled or remedied through relocation or modification of the structure. The conditions of approval for the Tree Removal Permit require the planting of four (4) 24-inch box trees in the planting area located between Hamilton Avenue and the parking lot and the planting of 21 shrubs in the planting area where the redwood trees are currently located. The replacement trees are proposed to be planted in a planting area further away from the building in order to prevent a recurrence of the existing situation with potential damage to the building caused by the replacement trees. The replacement trees include three (3) Olive 'Manzanillo' (Olea europaea 'Manzanillo') trees and one (1) Crape Myrtle (Lagerstroemia indica). These trees may reach 30 feet high. The replacement shrubs include Star Jasmine (Trachelospermum jasminoides), Dwarf Nandina (Nandina domestica), Lilac (Syringa) and India Hawthorn (Rosaceae indica). First Appeal and Planning Commission Meeting: On June 28, 2000, the City received a brief City Council Report - September 5, 20{~ Appeal of PLN2000-22 - 770 W. Hamilton Ave Page 2 of 2 letter from Mr. Mark Rosenthal and signed by several Santa Clara County residents appealing the administrative approval of Tree Removal Permit (PLN2000-22). On July 25, 2000, the Planning Commission, by a 5-0 vote, adopted Resolution No. 3289 denying the appeal and upholding the administrative approval. Second Appeal: On August 2, 2000 the City received a letter from Mr. Mark Rosenthal appealing the Planning Commission's adoption of a resolution upholding the administrative approval of the Tree Removal Permit (PLN2000-22) to allow the removal of four (4) Coast Redwood trees within the side yard planting area of the subject property. Mr. Rosenthal resides in a multi-family residential project on' Darryl Drive to the south of the subject property and is objecting to the approval allowing the removal of these trees. A copy of Mr. Rosenthal's appeal letter is attached for your review. ALTERNATIVES The alternative actions are listed on page one under "City Council Actions." FISCAL IMPACTS None Attachments: 1. Draft City Council Resolution upholding the Administrative Approval of PLN2000-22 and denying the appeal. 2. Draft City Council Resolution upholding the appeal and denying the Administrative Approval of PLN2000-22. 3. Letter of Appeal submitted by Mr. Mark Rosenthal. 4. Planning Commission Resolution No. 3289 5. Planning Commission Meeting Minutes of July 25, 2000 6. Staff Report for Planning Commission Meeting of July 25, 2000 7. Tree Location Map 8. Proposed Tree Replacement Plan 9. Arborist's Report 10. Location Map Prepared by: ,'~lJ'tlA. ~1~.~ Darc~ Smith, Planner I Reviewed by: ~.j/(~2~4~y-yl. ~A~,.... Sharon Fierro, Community Development Director Approved by: Bernard M. Strojny, City Manager CITY OF CAMPBELL Community Development Department · Current Planning August 24, 2000 NOTICE OF PUBLIC HEARING Notice is hereby given of a public heating to consider the appeal of a Planning Commission decision denying an appeal and upholding the administrative approval of a Tree Removal Permit (PLN 2000-22) to remove four (4) redwood trees within the side yard of property located at 770 W. Hamilton Avenue in a C-2 (General Commercial) Zoning District (see map on reverse). The public hearing will take place on Tuesday, September 5, 2000 at 7:30 P.M. at the Campbell City Hall Council Chambers. Reason for Granting Tree Removal The Tree Removal Permit was approved based upon the City's determination that the trees are growing very close to the building on the property and are adversely impacting the building and sidewalk. Staff has determined that the situation cannot be reasonably remedied by means other than removal. Conditions of Approval for Tree Removal The applicant is required to plant four (4) trees to replace the trees to be removed within the subject property. The replacement trees include one (1) 24" Box Crepe Myrtle and three (3) 24" Box Manzanillo Olive. Questions may be addressed to Darcy Smith, Planner I, in the Community Development Department at (408) 866-2140. CITY COUNCIL CITY OF CAMPBELL ANNE BYBEE CITY CLERK PLEASE NOTE: When calling about this Notice, please refer to File No. PLN 2000-22 Address: 770 W. Hamilton Avenue 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790 CITY OF CAMPBELL Community Development Department - Current Planning August 3, 2000 James Caringello 795 S. Clover Ave San Jose, CA 95128 Subject: PLN2000-22 - Appeal of Planning Commission Resolution for Tree Removal Permit to remove four redwood trees at 770 W. Hamilton Ave. Dear Mr. Caringello, An appeal of the Planning Commission Resolution upholding the Administrative Decision of the Community Development Director and denying the appeal of Tree Removal Permit No. PLN 2000- 22 to remove four (4) re&vood trees has been filed with the City Clerk. This appeal will be heard before the City Council at the earliest regular meeting of the meeting consistent with agenda preparation requirements and meeting schedule, which is tentatively set For September 5, 2000. None of the redwood trees may be removed from this site. The City Council may affirm, reverse or modify the administrative decision. Should you have any questions regarding the above referenced matter, please do not hesitate to contact me at the Community Development Department at (408) 866-2193. Sincerely, Darcy Smith Planner I cc. Sharon Fierro, Corpzvmnity Development Director Robert Borello, 1400a Quizo Road, Saratoga, CA 95070 70 North First gcreet · Camvb~eil, Caiiforma 95008. 1425 . ['EL 4U~.3Oo.2140 - FAX 408.860.83.31 TDD 408.866 L ~ _--IYED CiTY CLERK'S CITY oF CAMPBELL Community Development Department · Current Planning July 27, 2000 Mr. Mark Rosenthal 406 Darryl Drive Campbell, CA 95008 Re: Appeal of PLN2000-22 - Tree Removal at 770 W. Hamilton Avenue Dear Appellant: Please be advised that the Planning Commission, at its meeting of July 25, 2000, adopted Resolution No. 3289 denying your appeal and upholding the Administrative Approval of a Tree Removal Permit which allows the removal of four Coast Redwood trees on property located at 770 W. Hamilton Avenue. This decision is effective in ten days, unless appealed in writing to the City Clerk. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Darcy Smith Planner I CC: James M. Caringello (Property Owner) 795 South Clover Avenue San Jose, CA 95128 Mr. Robert Borello (Owner's Representative) 14004 Quito Road Saratoga, CA 95070 70 North First Street - Campbell, California 95008. 1423 - TEL 408.866.2140 ' F^X 408.866.8381 - TDD 408.866.2790 RESOLUTION NO. 3289 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING AN ADMINISTRATIVE APPROVAL FOR A TREE REMOVAL PERMIT TO REMOVE FOUR REDWOOD TREES ON PROPERTY LOCATED AT 770 W. HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. FILE NO. PLN2000-22. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2000-22: 1. The proposed Tree Removal Permit is consistent with the C-2 (General Commercial) zoning designation and the General Plan commercial land use designation. 2. The proposed tree replacement plan is consistent with the requirements of the Tree Protection Ordinance 3. The proposed replacement trees and shrubs will suffice as replacements for the trees to be removed and will continue the diversity of tree species found in the community. 4. The trees can potentially cause substantial damage to the existing building, sidewalks, parking area and drainage system. 5. The situation cannot be reasonably controlled or remedied through relocation or modification of the building. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed Tree Removal Permit is consistent with the City's General Plan and Zoning Ordinance. 2. The proposed Tree Removal Permit is consistent with the City's Tree Protection Ordinance. PASSED AND ADOPTED this 25th day of July, 2000, by the following roll call vote: AYES: Commissioners: Francois, Jones, Kearns, Lindstrom, Lo,ye NOES: Commissioners: None ABSENT: Commissioners: Gibbons, Hernandez ABSTAIN: Commissioners: None APPROVED: Mel Lindstrom, Acting Chair ATTEST: Sharon Fierro, Secretary Planning Commission Minutes of July 25, 2000 Page 9 Motion: Upon motion of Commissioner Francois, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3288 granting a Site and Architectural Approval (PLN2000-85) to allow the construction of a new single-family residence on property located at 1068 Audrey Avenue, by the following roll AYES: NOES: ABSENT: ABSTAIN: call vote: Francois, Jones, Kearns, Lindstrom, Lowe None Gibbons, Hernandez None Acting Chair Lindstrom read Agenda Item No. 2 into the record. 2. Appeal of PLN2000-22 Public Heating to consider the appeal of an Administrative Approval for a Tree Removal Permit (PLN2000-22) to remove four redwood trees on property located at 770 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Ms. Darcy Smith, Planner I, presented the staff report as follows: · Advised that an appeal of an Administrative Approval, to remove four Coast Redwood trees on the side yard of a commercial building at 770 W. Hamilton Avenue, was received from Mark Rosenthal (and others from around the area) who objects to the removal of these trees. · The Community Development Director approved the Tree Removal Permit on June 20, 2000. These trees are protected under.the City's Tree Ordinance. · Advised that previously a fifth Redwood was located in this area and removed in 1993, before the adoption of the Tree Ordinance. · Staff has made the determination that the trees have the potential to cause damage to the structure and potential damage to underground utilities. · Advised that there is only about 10 to 12 inches between the tree minks and the roof. · An arborists report states that the trees have already caused damage. · Advised that PG&E has marked the area directly around the trees where high voltage lines are located. They are concerned about the potential for power outages or fire which could occur as a result of the tree roots interfering with the underground utilities. · Said that the applicants would be required to plan four 24-inch box trees (three olive and one crape myrtle) elsewhere on the property. Twenty-one shrubs will be planted in the area currently occupied by the four trees slated for removal. Commissioner Jones asked how tall these trees are. Ms. Darcy Smith estimated approximately 40 to 50 feet. Planning Commission Minutes of July 25, 2000 Page 10 Commissioner Jones asked for the potential height of these trees. Ms. Darcy Smith advised that they grow about two feet a year in their early growth. Ms. Sharon Fierro added that the maximum height for Coast Redwoods, in ideal conditions, is 60 feet. Commissioner Lowe announced that he lives in the area, but outside of the 300 foot range which allows him to consider this application without conflict. City Attorney Seligmann advised that as long as the impact on Commissioner Lowe's property is less than a $10,000 increase or decrease in value. Added that Commissioner Lowe is clearly outside of the 300 foot range. Mr. Robert Borello, 14004 Quito Road, Saratoga: Advised that he is here on behalf of the property owners, the Caringellos. · Advised that the trees have caused damage to buildings, including having needles clog roof drains, which creates flooding on the roof, branches falling onto the roof and broken clay tiles on the side elevation. · Added that the trees are only 10 to 12 inches from the building now and will only expand and get closer. · Said that the roots, however, are the main problem. They are going under the foundation and there are four types of utility lines beneath the trees including gas, phone, high voltage and 240 secondary electrical line. · Added that PG&E has concerns about potential damage to lines. · Said that he would like to keep the structure intact and asked for authorization to remove these trees, which are threatening to damage the structure. Acting Chair Lindstrom asked whether PG&E has issued any comments in writing. Mr. Robert Borello replied that he had just spoken with a PG&E representative today. Commissioner Francois asked for the distances for the various utility lines. Mr. Robert Borello: · Advised that the gas line is 7 inches from the sidewalk, the telephone line is 64" from the sidewalk, the high voltage lines are 16 inches from the sidewalk and the secondary 240 electrical line is 25 inches from the sidewalk. Commissioner Lowe asked if the applicant has had a structural engineer review the structure. Mr. Robert Borello replied that they have concentrated on working with the arborist. Planning Commission Minutes of July 25, 2000 Page 11 Commissioner Lowe asked for information about the placement of the new trees. Mr. Robert Borello replied that they have taken direction from the Planning staff. They will plant shrubs where the trees are being removed. The newly planted trees will be located elsewhere on the property. Commissioner Lowe asked if the maintenance of the landscaping is required. Ms. Darcy Smith replied that on-going maintenance is required for the landscaping. Ms. Sharon Fierro added that the root system for the shrubs will not interfere with the utilities in the way that the tree roots are interfering. Ms. Terry Tronty, 406 Darryl Drive, Campbell: · Said that she has lived in the area 12 years and likes the trees very much. · Said that it is sad to see native trees ripped out and that these are four beautiful trees. · Suggested that staff wait to get written reports from PG&E before acting on the removal of these trees. · Added that in her opinion the sidewalk damage is more caused by the street trees than these Redwoods. · Asked the City to ensure that there are no other alternatives to the removal of these trees before allowing it to occur. Commissioner Lowe thanked the citizen for coming to address this issue. Mr. Robert Borello advised that while he had no written confirmation from PG&E, the property has been marked up by USA (Underground Services Assurance) to depict where the underground utilities are located near the trees. These markings are visible on the photographs provided with the exhibits this evening. Acting Chair Lindstrom closed the Public Heating for Agenda Item No. 2. Acting Chair Lindstrom: · Stated that he did not like to see Redwood trees go down. · Added that he too lives in the area and passes by each day. He went to the site the last two days to look it over. · Said that this is a tough decision. · Added that he would welcome one or two of these trees in his yard if it were possible to move them there. · Stated that the trees, unfortunately, are a hazard where they currently are located. Commissioner Lowe: · Stated that the trees were placed too close to a building in error and without much foresight. Planning Commission Minutes of July 25, 2000 Page 12 · Added that he too would love to have such fine trees in his yard. · Said that public safety must be taken into account. · Said that he would recommend approval of the tree removal. Commissioner Keams: · Said that the trees are beautiful and that she loves trees, stating that her property is covered in trees. · Added that these trees are too close to the building. · Said that the mitigation for the loss of the trees, including the addition of shrubbery and four new trees in a better location on the property, which will not interfere with the building. Commissioner Jones expressed his agreement. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3289 denying an appeal and upholding the Administrative Approval for a Tree Removal Permit (PLN2000-22) to remove four redwood trees on property located at 770 W. Hamilton Avenue, by the following roll call vote: AYES: Francois, Jones, Kearns, Lindstrom, Lowe NOES: None ABSENT: Gibbons, Hernandez ABSTAIN: None Acting Chair Lindstrom advised that this decision is final in 10 days, unless appealed in writing to the City Clerk. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented, with the added comments: · Advised that the appeal for 14419 S. Bascom was continued to the August 1, 2000, Council meeting at the request of the applicant. Added that the applicant is going to request that the matter be returned to the Planning Commission at the discretion of the City Council. · Advised that the last General Plan Task Force meeting will occur on July 31, 2000. Following that will be a "dog and pony" show before all of the Boards and Commissions. · Added that there are not a lot of policy changes proposed and that the City's Strategic Plan will be incorporated into the updated General Plan. · Advised that there will be Public Hearings including before the Planning Commission on October 10, before Council on November 9th, where it is anticipated that the Update will be adopted. · It is believed that the City will have an approved updated General Plan by the end of the year. RESOLUTION NO. 3289 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING AN ADMINISTRATIVE APPROVAL FOR A TREE REMOVAL PERMIT TO REMOVE FOUR REDWOOD TREES ON PROPERTY LOCATED AT 770 W. HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. FILE NO. PLN2000-22. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2000-22: 1. The proposed Tree Removal Permit is consistent with the C-2 (General Commercial) zoning designation and the General Plan commercial land use designation. 2. The proposed tree replacement plan is consistent with the requirements of the Tree Protection Ordinance. 3. The proposed replacement trees and shrubs will suffice as replacements for the trees to be removed and will continue the diversity of tree species found in the community. 4. The trees can potentially cause substantial damage to the existing building, sidewalks, parking area and drainage system. 5. The situation cannot be reasonably controlled or remedied through relocation or modification of the building. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed Tree Removal Permit is consistent with the City's General Plan and Zoning Ordinance. 2. The proposed Tree Removal Permit is consistent with the City's Tree Protection Ordinance. PASSED AND ADOPTED this 25th day of July, 2000, by the following roll call vote: AYES: Commissioners: Francois, Jones, Kearns, Lindstrom, Lowe NOES: Commissioners: None ABSENT: Commissioners: Gibbons, Hernandez ABSTAIN: Commissioners: None ATTEST: APPROVED: Sharon Fierro, Secretary Mel Lindstrom, Acting Chair ITEM NO. 2 STAFF REPORT - PLANNING COMMISSION MEETING OF JULY 25, 2000 Appeal of PLN2000-22 Rosenthal, M. et al. Public Heating to consider the appeal by Mr. Mark Rosenthal et al. of an Administrative Approval of a Tree Removal Permit (PLN 2000-22) to allow the removal of four (4) Coast Redwood trees within the side yard of property located at 770 W. Hamilton Avenue in a C-2 (General Commercial) Zoning District. PLANNING COMMISSION ACTION: The Planning Commission may take one of the following actions: 1. Adopt a Resolution upholding the Administrative Approval of PLN2000-22 and denying the appeal; or, 2. Adopt a Resolution upholding the appeal and denying application PLN2000-22; or, 3. Continue the item for further review. BACKGROUND Administrative Approval: On June 20, 2000, the Community Development Director approved a Tree Removal Permit (PLN 2000-22) to allow the removal of four (4) Coast Redwood trees within the side yard planting area of property located at 770 W. Hamilton Avenue. The planting area is nine-feet, six-inches wide and is located between the one-story office building and Darryl Drive. These trees are protected under the City's Tree Protection Ordinance since they measure over twelve inches in diameter and were required to be planted as a condition of approval of development application No. S 79-33. The Tree Removal Permit was approved based upon staff's determination that the trees are growing very close to the building on the property and can potentially cause substantial damage to the building, sidewalks, parking area and drainage system. There is currently only ten (10) inches between three of the Redwood tree trunks and the building roof overhang and there is only twelve (12) inches between the fourth redwood tree trunk and the building roof overhang. The arborist's report submitted with the application recommended removal of the trees due to the location of the trees in close proximity to the building, sidewalks, parking area and drainage system. The arborist stated in his report that the trees have already caused damage to these items and have the potential to cause serious damage to all adjacent structures. Staff determined that the situation cannot be reasonably controlled or remedied through relocation or modification of the structure. The conditions of approval for the Tree Removal Permit require the planting of four (4) 24-inch box trees in the planting area located between Hamilton Avenue and the parking lot and the planting of 21 shrubs in the planting area where the redwood trees are currently located. The replacement trees Staff Report - Planning Commiss,,~, Meeting of July 25, 2000 PLN 2000-22 - 770 W. Hamilton Avenue Page 2 of 2 are proposed to be planted in a planting area further away from the building in order to prevent a recurrence of the existing situation with potential damage to the building caused by the replacement trees. The replacement trees include three (3) Olive 'Manzanillo' (Olea europaea 'Manzanillo') trees and one (1) Crape Myrtle (Lagerstroemia indica). These trees may reach 30 feet high. The replacement shrubs include Star Jasmine (Trachelospermum jasminoides), Dwarf Nandina (Nandina domestica), Lilac (Syringa) and India Hawthorn (Rosaceae indica). The redwood trees were planted in approximately 1979 when the building was constructed. The trees were included on the landscaping plan that was required as a condition of approval for the Site and Architectural Review Permit (S 79-33) for the construction of the building. Five Coast Redwood trees were originally planted in the planting area; however, one tree was removed in 1993 after approval by the Community Development Director. Appeal: On June 28, 2000, the City received a brief letter from Mr. Mark Rosenthal and signed by several Santa Clara County residents appealing the administrative approval of Tree Removal Permit (PLN2000-22). Mr. Rosenthal and several of the residents that signed the letter reside on Darryl Drive behind the subject property and are objecting to the approval allowing the removal of these trees. The letter requests the reconsideration of the approval of the Tree Removal Permit. A copy of the resident's appeal letter is attached for your review. ALTERNATIVES 1. Adopt a Resolution upholding the appeal and approving the (PLN2000-22) with modifications to the conditions of approval; or 2. Refer the item back to the Community Development Director. Tree Removal Permit Attachments: 1. Findings for upholding the Administrative Approval and denying the appeal of PLN2000-22. 2. Findings for upholding the appeal and denying the Administrative Approval of PLN2000-22. 3. Letter of Appeal submitted by Mark Rosenthal and multiple Santa Clara County Residents. 4. Tree Location Map 5. Proposed Tree Replacement Plan 6. Arborist's Report 7. Photograph 8. Location Map Prepared by: DaVy Smith, Planner I Reviewed by: ~ ~ Sharon Fierro, Community Development Director Attachment #1 FINDINGS FOR UPHOLDING THE ADMINISTRATIVE APPROVAL AND DENYING THE APPEAL OF FILE NO. PLN2000-22 SITE ADDRESS: 770 W. Hamilton Avenue P.C. MEETING: July 25, 2000 Findings for upholding the Administrative Approval and denying the appeal of PLN2000-22 to allow the removal of four (4) Coast Redwood trees within the side yard. The Planning Commission finds as follows with regard to File No. PLN2000-22: o o The proposed Tree Removal Permit is consistent with the C-2 (General Commercial) zoning designation and the General Plan commercial land use designation. The proposed tree replacement plan is consistent with the requirements of the Tree Protection Ordinance. The proposed replacement trees and shrubs will suffice as replacements for the trees to be removed and will continue the diversity of tree species found in the community. The trees can potentially cause substantial damage to the existing building, sidewalks, parking area and drainage system. The situation cannot be reasonably controlled or remedied through relocation or modification of the building. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed Tree Removal Permit is consistent with the City's General Plan and Zoning Ordinance. 2. The proposed Tree Removal Permit is consistent with the City's Tree Protection Ordinance. Attachment #2 FINDINGS FOR UPHOLDING THE APPEAL AND DENYING THE ADMINISTRATIVE APPROVAL OF FILE NO. PLN2000-22 SITE ADDRESS: 770 W. Hamilton Avenue P.C. MEETING: July 25, 2000 Findings for upholding the appeal and denying the Administrative Approval of PLN2000-22. The Planning Commission finds as follows with regard to File No. PLN2000-22: o The proposed Tree Removal Permit is consistent with the C-2 (General Commercial) zoning designation and the General Plan commercial land use designation. The proposed tree replacement plan is consistent with the requirements of the Tree Protection Ordinance. The proposed replacement trees and shrubs will not suffice as replacements for the trees to be removed and will not continue the diversity of tree species found in the community. The trees cannot potentially cause substantial damage to the existing building, sidewalks, parking area and drainage system. The situation can be reasonably controlled or remedied through relocation or modification of the building. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed Tree Removal Permit is consistent with the City's General Plan and Zoning Ordinance. 2. The proposed Tree Removal Permit is not consistent with the City's Tree Protection Ordinance. Attachment # 3 Attachment # 3 Page 3 of 3 ~9 Attachment # 4 FROH : CI::tRINGELLO ELECTRIC '-lONE NO. : 2431l~95 A_tt~¢~ment #~ COAST__ Tree C. e InC. -' July 14, 2000 795 $. Olover Avenue Sen Jose, CA 95128 Dear Mr. an~l Mm, ~arillg~k~: W, ~~ Avenue, ~mpbell. ~e ~ ~ I~d in ~ ~wn a~ ~ ~ A~n~ ~ of ~e bulling, ~~ ~ four f~ ~e gmS, ~e t~ m~eum from 60 inches to 71 I~e~ in ~mu~er~m. Their e~ ~ ~pro~ 20 ~ I~ ~ ~ ~ ~ ~ P~ to ~e building, eide~, ~ng ~ and ~ s~em h~ pm~n~ ~u~ ~e to ~ ~ ~e a~ ~ntion~ ~ma. The hi~ ~llage power ~d ~s anee am a~ ~ ~ta ultimately ~ m~o~ damage ~ ~1 a~em ~t~. I ~ ~ ~~nd ~t ~ ~ae the~ ~ wRh a ~e mom you have any furlhm q~tla, m mg~,rdlng thtt meaer, giease contaCt me. Sincerely, {~hris Hall President W,C.I,S.A, ~rtlfl~l ArbOMSt fN4~3 '-.------- 601 Atmarida Drive . Suite O ? , Campbei~ · CA 95008 · Te:,/Fax: (408) Attachment #7 Attachment # 7 Attachment # 8 // 'Project Location ~2. VALEY FORGE W. HAMILTON Location Map 770 W. Hamilton Avenue PLN 20O0-22 Tree Removal Permit Legend Scale 1" = 500' City Limits ....... Parcel Lines CITY OF CAMPBELL Community Development Department - Current Planning July 14, 2000 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, July 25, 2000, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Heating to consider the appeal of an Administrative Approval for a Tree Removal Permit (PLN2000-22) to remove four redwood trees on property located at 770 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140 Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2000-22 Address: 770 W. Hamilton Avenue 70 North First Street · Campbell, California 95OO8.1423 · TEL 408.866.2140 · F^X 408.866.8381 - TDD 408.866.2790 CITY OF CAMPBELL Community Development Department June 29, 2000 James Caringello 795 S. Clover Ave San Jose, CA 95128 Subject: PLN2000-22 - Appeal of decision for permit to remove four redwood trees at 770 W. Hamilton Ave. Dear Mr. Caringello, An appeal of the administrative decision of the Community Development Director for a Tree Removal Permit (PLN 2000-22) to remove four (4) redwood trees has been filed with the Planning Division. This appeal will be heard before the Planning Commission at the earliest regular meeting' of the meeting consistent with agenda preparation requirements and meeting schedule, which is July 25, 2000. None of the redwood trees mag be removed from this site. The Planning Commission may affirm, reverse or modify the administrative decision. Should you have any questions regarding the above referenced matter, please do not hesitate to contact me at the Community Development Department at (408) 866-2193. Sincerely, Darcy Smith Planner I cc. Sharon Fierro, Community Development Director 70 North First Street- Campbell, California 95008.1423 . TEL 408.866.2140 FAX 408.866.8381 ' TDO 408.866.2790 .oF'CA~ CITY OF CAMPBELL Community Development Department · Current Planning June 20,2000 James Caringello 795 S. Clover Ave San Jose, CA 95128 Subject: PLN2000-22 - Application for permit to remove four redwood trees at 770 W. Hamilton Ave. Dear Mr. Caringello, The Community Development Director has conditionally approved your application for a Tree Removal Permit (PLN 2000-22) to remove four (4) redwood trees within the side yard of the above-mentioned property, subject to the following condition: 1. One (1) 24" Box Crepe Myrtle and three (3) 24" Box Manzanillo Olive trees shall be planted to replace the cedar trees within 30 days of this letter, per the Tree Protection Ordinance. It is recommended that the trees be removed by persons who are experienced and bonded for the removal of trees and that the stumps be ground out and the roots removed so there will not be re-growth of the redwood trees. The Tree Removal Permit has been approved based upon a site visit that revealed that the trees are growing very close to the building on the property and are adversely impacting the building and sidewalk. Staff has determined that the situation cannot be reasonably remedied by means other than removal. This approval is final in 10 days, unless an appeal is received in writing at the City of Campbell City Clerk's Office, 70 N. First Street, Campbell, on or before Friday, June 30, 2000. No trees may be removed until after the 10-day appeal period has passed and no appeals have been received within this time period. Should you have any questions regarding the above referenced matter, please do not hesitate to contact me at the Community Development Department at (408) 866-2193. Sincerely, Darcy Smith Planner I cc. Sharon Fierro, Community Development Director 70 North First Street . Campbell, California 95008.1423 · TEL 408.866.2140 · FaX 408.866.8381 · TDD 408.866.2790 June 20, 2000 ~.O¥ ' ca~ta O~CHAgO' CITY OF CAMPBELL Community Development Department · Current Planning NOTICE OF TREE REMOVAL Notice is hereby given that the Community Development Director of the City of Campbell has conditionally approved an application for a Tree Removal Permit (PLN 2000-22) to remove four (4) redwood trees within the side yard of property located at 770 W. Hamilton Avenue in an C-2 (General Commercial) Zoning District (see map on reverse). Reason for Granting Tree Removal The Tree Removal Permit has been approved based upon the City's determination that the trees are growing very close to the building on the property and are adversely impacting the building and sidewalk. Staff has determined that the situation cannot be reasonably remedied by means other than removal. Conditions of Approval for Tree Removal The applicant is required to plant four (4) trees to replace the trees to be removed within the subject property. The replacement trees include one (1) 24" Box Crepe Myrtle and three (3) 24" Box Manzanillo Olive. The trees must be installed within 30 days of the final approval date (if no appeals are filed) of the Tree Removal Permit following the appeal period. This approval is final in ten (10) days unless an appeal is received in writing at the City Clerk's Office, 70 N. First Street, Campbell on or before Fridal5 June 30, 2000. Questions may be addressed to Darcy Smith, Planner I, in the Community Development Department at (408) 866-2193. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN 2000-22 Address: 770 W. Hamilton Avenue 70 North First Street . Campbell, California 95008.1423 · TEL 408.866.2140 . F^X 408.866.8381 · TDD 408.866.2790 CITY OF CAMPBELL Community Development Department · Current Planning James Caringello 795 S. Clover Ave San Jose, CA 95128 March 6, 2000 Subject: Application for permit to remove four redwood trees at 770 W. Hamilton Ave. Dear Mr. Caringello, The Campbell Planning Division has received your application for a permit to remove four redwood trees at 770 W. Hamilton Ave. The Interim Community Development Director has reviewed your application and is requesting that you submit additional information before your application can be approved. The Director is requesting that you submit a revised landscaping plan and that small shrubs be planted in the location of the existing trees, in addition to the four replacement trees that may be planted in the landscaping area in fi'ont of the building. It may be appropriate to plant the two species of shrubs that were planted on the site under the Landscaping Plan that was approved with the development application in 1979. These include Dodonea Green and Pittosporlua Nigracans. The planting areas were required to be provided with a fully automated sprinkler system designed to cover all areas as a condition of that Landscaping Plan. Please confirm that these new shrubs and trees will be covered by the sprinkler system. Should you have any questions on the above, please give me a call at (408) 866-2193. Sincerely, Darcy Smith Planner I cc. Sharon Fierro, Interim Community Development Director 70 North First Street · Campbell, California 95008.1423 · ~L 408.866.2140 · Fax 408.866.8381 · TDD 408.866.2790 ORCH^~O ' FILE NO. -/c._- i ,,,~_~.. c.._., - City of Campbell, 70 N. First Street, Campbell, CA 95008, (408) 866-2140 APPLICATION FOR PERMIT TO REMOVE TREES (For All Properties Except Developed Single Family Residential) Applicant'sAddress'-l~. ~ ~'3,}"~'k\ Q_~CfV'e_-~'''1 A~'e,lAO(Z._~ ~.~e, Subject Property Address n~ ~. [4~'!1~ ~V~,, , O,~Mp.~ll NameofmropertyOwner~ .~ . r~ m..X. m · C~fI~G'*[[, Phone '' I ' ~c~ O --" ' 3 '' - ~ PropertyOwner'sMailingAddress:qq~ ~ k~ ~[OVe~ ~Vg.k~uq,. I (TREES ON PRIVATE PROPERTY O~Y) A SITE PLAN 'MUST ACCOMPANY THIS APPLICATION AND SHOW: 1. Location, size and species of protected trees over 12 inches in diameter when measured 4 feet above ~ade to be removed. 2. Existing and/or proposed footprint of the structure(s), paving, and landscape areas (scaled site plan required). 3. Location of areas for tree re-planting. The City has adopted tree replacement ratios for trees approved for removal. Please review the Tree Replacement Requirements and Replanting Plan in the Tree Technical Manual for submittal requirements. If construction is associated with tree removal request: Show existing and proposed final elevations for new construction and proximity of trees (to scale); an excavation and fill plan MUST be submitted with this application if fill is anticipated with development. OTHER SUBMITTAL REQUIREMENTS: 1. Photographs of trees proposed for removal. 2. Arborist Report 3. Replacement Plan (if not indicated on application) NOTE: The decision of the Approval Authority is based on information submitted with this application. If the design is altered or the location of the structure changed, another application for a tree permit is required. NO WORK IS PERMITTED UNTIL YOU RECEIVE AN APPROVED TREE PERMIT ALLOWING TREE REMOVAL. THE PERMIT MUST BE ON THE JOB SITE. If you disagree with the decision of the Approval Authority, you have ten (I0) days in which to file an appeal in accordance with Section 21.80 (Appeals)off~ the Zon2ng Ordinance. Owner's Signature: Date: ¢~ "' /g -_.~ gYOt~ A,ent~' for Owner Signatur~ ~ - ~- Date WEST COAST December 17, 1998 Rocci Cadngello 770 W. Hamilton Avenue Campbell, CA 95008 Dear Mr. Cahngello: I have inspected the four Sequoia sempervirens (Coast Redwood) located at 770 W. Hamilton Avenue, Campbell. The trees are located in the lawn area along the Darryl Avenue side of the building. Measured at four feet above grade the trees measure from 60 inches to 71 inches in circumference. Their estimated age is approximately 20 years. The location of these trees and the proximity to the building, sidewalks, parking area and drainage system has presently caused damage to some of the above mentioned items. The relatively young age of these trees and the potential size they can obtain will ultimately cause serious damage to all adjacent structures. In my opinion you should consider removing these four trees in the near future to preclude any further damage and liability. I would also recommend that you replace these trees with a species more suited to the limited landscape area available. If you have any further questions regarding this matter please contact me. Sincerely, Chris Hall President W.C.I.S.A. Certified Arborist #493 CH:sv 601 Almarida Drive · Suite Q 2 · Campbell · CA 95008 · Tel./Fax: (408) 379-1442 2 0