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PC Res 4376RESOLUTION NO. 4376 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING AN APPEAL (PLN2017-62) AND UPHOLDING AN INTERPRETATION OF THE COMMUNITY DEVELOPMENT DIRECTOR THAT THE REMOVAL OF A PROTECTED ASH TREE WITHOUT A TREE REMOVAL PERMIT REQUIRES PAYMENT FOR THE VALUE OF THE UNLAWFULLY REMOVED TREE, ON PROPERTY LOCATED AT 216 RADFORD DRIVE. 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 PLN2017-62: 1. The property is zoned R-1-6 (Single Family Residential) and currently developed with a single family residence. 2. The Evergreen Ash Tree located in the backyard was a protected tree and required approval of a Tree Removal Permit to remove. 3. The property owners submitted a Tree Removal Permit application to remove the Evergreen Ash Tree on June 23, 2015, which was denied on July 8, 2015. 4. The property owners removed the Evergreen Ash Tree on January 19, 2017 without approval of a Tree Removal Permit application. 5. The Tree Protection Ordinance requires a minimum of two replacement trees for a tree unlawfully removed from a developed single-family residential property. 6. The Tree Protection Ordinance requires payment for the value of an unlawfully removed tree where replacement trees will not provide equivalent aesthetic value because of the size, age, or other characteristics of the unlawfully removed tree. 7. A certified arborist determined the value of the unlawfully removed Evergreen Ash Tree to be $8,600. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The property can accommodate only the minimum replacement requirement of two new large-canopy trees to replace the unlawfully removed Evergreen Ash Tree. 2. The required replacement trees will not provide the equivalent aesthetic quality because. of the size, age, and condition of the unlawfully removed Evergreen Ash Tree. Planning Commission Resolution No. 4376 PLN2017-62 - 216 Radford Drive -Deny Appeal & Uphold Director's Interpretation Paae 2 of 2 3. This item is not a project under CEQA, as an administrative activity of the City, pursuant to CEQA Guidelines Section 15378(b). THEREFORE, BE IT RESOLVED that the Planning Commission Denies an Appeal (PLN2017-62) and Upholds an Interpretation of the Community Development Director that the removal of a protected Ash Tree without a Tree Removal Permit requires payment for the value of the unlawfully removed tree on property located at 216 Radford Drive, subject to the. attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 11th day of April, 2017, by the following roll call,vote: AYES: Commissioners: Kendall, Hernandez, and Young NOES: Commissioners: Rich and Rivlin ABSENT: Commissioners: Dodd and Reynolds ABSTAIN: Commissioners: ATTEST: yp f APPROVED: ~ /~, ~ ~/ ~~ ~~1~ Yvonne Kendall, Chair Pau er, oyan, ecretary EXHIBIT A CONDITIONS OF APPROVAL Denial of Appeal - 216 Radford Drive (PLN2017-62) 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 Planning Division 1. Replacement Trees: The appellants shall plant two (2) 36-inch box trees on private property located at 216 Radford Drive within 30 days (no later than May 11, 2017). Replacement species shall not include fruit trees or Eucalyptus trees. Replacement trees shall be of an equivalent aesthetic quality to the unlawfully removed Evergreen Ash Tree, including a large mature canopy and evergreen foliage, subject to approval by the Community Development Director. 2'. Payment for the Value of the Unlawfully Removed Tree: The appellants shall provide payment of $8,600 to the City of Campbell for the value of the unlawfully removed Evergreen Ash Tree within 30 days (no later than May 11, 2017). 3. Abatement of Violation: If the appellants fail to satisfy the any of the deadline requirements of Condition No. 1 or 2, the City will assess a $1,000 fine per day until resolved.