PC Res 4198RESOLUTION N0. 4198
BEING A RESOLUTION OF THE PLANNING COMMISSION
DENYING AN APPEAL (PLN2015-074) AND UPHOLDING AN
ADMINISTRATIVE TREE REMOVAL PERMIT (PLN2015-045) TO
APPROVE REMOVAL OF A CEDAR TREE ON PROPERTY OWNED
BY STEPHANIE JOHNSON LOCATED AT 714 MONICA LANE.
After notification and public hearing, as specified by law and after presentation by the Community
Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file number PLN2015-074 and PLN2015-
075:
1. The project site has an R-D (Two-Family Residential) Zoning District designation.
2. The project site has aLow-Medium Residential General Plan designation.
3. The proposed project is an application for an Administrative Tree Removal Permit to remove an
approximately 30 inch cedar tree located in the front yard of the owner's property.
4. The tree proposed for removal is one of eight (8) trees on the subject property.
5. Removal of the subject tree will not substantially diminish the aesthetic, environmental or
economic importance of the neighborhood tree population because there are many trees on the
property, along the street, and within the neighborhood that contribute to Campbell's small town
quality and character.
6. The applicant has provided lab results indicating a positive reaction to Mountain Cedar (Juniper)
as opposed to a negative reaction to other tree species.
7. The significant size of the subject cedar tree (approximately 30 inches in diameter) subjects the
owner to an evidently significant amount of allergen, not typically experienced in the
neighborhood due to the fact that cedar trees are not a dominant species along the street.
8. The City has previously approved the removal of a tree in the city of Campbell based on the
finding that allergies create a hardship for a property owner.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that:
9. This project is Categorically Exempt under Section 15304 (class 4) of the California
Environmental Quality Act (CEQA) pertaining to minor alterations in landscaping.
10. Retention of the tree creates an unusual hardship for the property owner by severely limiting the
use of the property in a manner not typically experienced by owners of similarly zoned and
situated properties, and the applicant has demonstrated to the satisfaction of the approval authority
that there are no reasonable alternatives to preserve the tree.
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Planning Commission Resolution No.
714 Monica Lane
Denying an Appeal (PLN2015-074) & Upholding Administrative Approval (PLN2015-045)
THEREFORE, BE IT RESOLVED that the Planning Commission has denied an appeal (PLN2015-
074) and upheld an Administrative Tree Removal Permit (PLN2015-045) on property located at
714 Monica Lane, subject to the attached Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 24th day of March, 2015, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
APPROVED:
ATTEST:
Paul
Dodd, Acting Chair
Page 2 of 2
EXHIBIT A
CONDITIONS OF APPROVAL
Denying an Appeal (PLN2015-074) and
Upholding an Administrative Approval (PLN2015-045)
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with all
applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations
and accepted engineering practices for the item under review. Additionally, the applicant is hereby
notified that he/she is required to comply with all applicable Codes or Ordinances of the City of
Campbell and the State of California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Removal of the approximately 30-inch cedar tree, which is located in the front yard of the subject
property, is subject to the following Conditions of Approval:
1. Approved Project: Approval is granted for an Administrative Tree Removal Permit_(PLN2015-
45) to remove an approximately 30-inch cedar tree located in the front yard of the subject
property.
2. Tree Replacement: The applicant shall plant one (1) 24-inch box tree somewhere on the above
referenced property. Replacement species may be selected by the applicant but may not include
fruit trees or Eucalyptus trees. The replacement tree shall be planted within 30 days of the
effective date of this approval, unless accepted arboricultural practices dictate a preferential
planting period for the species chosen as the replacement tree.
3. Final decision/timing of tree removal: The tree shall not be removed until all conditions of the
permit have been satisfied and the decision has become final.