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PC Res 4533RESOLUTION NO. 4533 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN APPEAL (PLN2019- 172) OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DENIAL OF A TREE REMOVAL PERMIT. (PLN2019-140) TO ALLOW THE REMOVAL OF ONE (1) LAUREL TREE LOCATED ON PROPERTY LOCATED AT 27 LA PALOMA. 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 PLN2019-172: 1. The property is zoned P-D (Planned Development) and currently developed with a mobile home community. 2. One (1) laurel tree is located at the front of the mobile home unit at 27 La Paloma and requires approval of a Tree Removal Permit to remove. 3. The applicant submitted a Tree Removal Permit application to remove one (1) laurel tree on July 26, 2019, which was denied on August 27, 2019. 4. The applicant submitted an Appeal application to request removal of the one (1) laurel tree on August 30, 2019 claiming the tree's location prevents installation of a new mobile home, presenting a potential for future structure damage, presenting a fire hazard, and encouraging animal activity. 5. Pursuant to Campbell Municipal Code Section 21.32.080, approval of a Tree Removal Permit may only be granted when at least one of the following findings can be made: 1) Diseased or Danger of Falling, 2) Structure Damage, 3) Utility Interference, 4) Overplanting, 5) Economic Enjoyment and Hardship. 6. The tree roots have caused damage to the driveway and a skirt wall of the existing mobile home. 7. The current mobile home is approximately 20 feet by 56 feet. 8. The proposed replacement mobile home is approximately 24 feet by 60 feet. 9. The property is one of the smaller lots in the mobile home park. 10. There is a utility box on the site that limits the options to remove the existing mobile home and install the new mobile home. 11. The state agency with jurisdiction requires additional setbacks that will require moving the new mobile home closer to the tree. 12. The mobile home park homeowner's association also has a requirement that the new mobile home be located closer to the street. Planning Commission Resolution No. 4533 _ Page 2 of 2 PLN2019-172 — 27 La Paloma Appeal of a Tree Removal Permit Denial Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The application demonstrates that the retention of the tree restricts the economic enjoyment of the property or 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. 2. This project is Categorically Exempt under Section 15304 (class 4) of the California ,,,Environmental Quality Act (CEQA) pertaining to minor alterations in landscaping. THEREFORE, BE IT RESOLVED that the Planning Commission approves an Appeal (PLN2019-172) of the Community Development Director's denial of a Tree Removal Permit (PLN2019-140) to allow removal of one (1) laurel tree located on property located at 27 La Paloma. PASSED AND ADOPTED this 8th day of October, 2019, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Buchbinder, Ching, Hines, Krey, Ostrowski, and Rivlin APPROVED: ATTEST: Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Approval of Appeal — 27 La Paloma (PLN2019-172) 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: Replacement Trees: The appellant shall plant two (2) 36-inch box trees on private property within the mobile home park where 27 La Paloma is located (295 Union Avenue) within 30 days of the removal of the one (1) laurel tree. The species of the replacement trees shall be one of the four protected species (ash, cedar, oak, . and redwood) pursuant to Campbell Municipal Code Section 21.32.050(C). The replacement trees shall be a minimum of 10 feet in height as measured from the trunk's base. The locations of the replacement trees shall be subject to approval by the Community Development Director. Approval of the species and location by the Community Development Director is required prior to installation of the replacement trees. The replacement trees shall be provided permanent irrigation to the satisfaction of the Community Development Director. If the trees decline in health, they shall be exchanged with new trees. 2. Permit Expiration: The Tree Removal Permit approval shall be valid for one year from the date of final approval (expiring October 18, 2020). Within this one-year period, the removal and replacement of the laurel tree (per the above condition) shall be completed. Failure to meet this deadline will result in the Tree Removal Permit being rendered void.