PC Res 4552RESOLUTION NO.4552
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APROVING AN APPEAL (PLN2019-
024) OF THE COMMUNITY DEVELOPMENT DIRECTOR'S
DENIAL OF A TREE REMOVAL PERMIT (PLN2018-399) TO
ALLOW REMOVAL OF ONE (1) REDWOOD TREE LOCATED
IN THE REAR YARD OF OF PROPERTY LOCATED AT 31
HARDY AVENUE IN THE R-1-6 (SINGLE-FAMILY
RESIDENTIAL) ZONING DISTRICT.
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 the recommended approval of file number PLN2019-024:
1. The property is zoned R-1-6 (Single -Family Residential) and currently developed with a
single-family home.
2. One (1) redwood tree is located in the rear yard and requires approval of a Tree
Removal Permit to remove.
3. The applicant submitted a Tree Removal Permit application to remove one (1) redwood
tree located in the rear yard on December 19, 2018, which was denied on January 25,
2019.
4. The applicant submitted an Appeal application to request removal of the one (1)
redwood tree on February 4, 2019 due to potential structure damage, utility
interference, economic enjoyment and hardship, and a danger of falling.
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. At their meeting of March 26, 2019, the Planning Commission discussed the request
for removal of the tree and continued the hearing so the appellant could obtain
additional information for consideration.
7. The appellant provided a deposit and fee and the City procured an arborist report from
a certified arborist pursuant to CMC Section 21.32.155. The arborist report indicates a
high likelihood that the tree will imminently damage the building or heave the
foundation based on the tree's size, species, and location. In addition, cutting the
existing large roots or excavating and installing a root barrier are not suitable options
because such work would need to occur within the tree's Critical Root Zone and would
Planning Commission Resolution No. 4552 Page 2 of 2
PLN2019-024 — 31 Hardy Ave — Appeal of Tree Removal Permit Denial
compromise the tree's stability and health. The arborist report concludes that the tree
satisfies Finding No. 2 (Structure Damage) and should be removed.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The redwood tree in the, rear yard may imminently cause significant damage to the
existing home that cannot be controlled or remedied through reasonable modification of
the tree's root or branch structure.
2. The project qualifies as a Categorically Exempt project 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 of
the Community Development Director's denial of a Tree Removal Permit (PLN2019-024)
to allow removal of one (1) redwood tree from the year yard of property located at 31
Hardy Avenue, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 10th day of December, 2019, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
Commissioners: Buchbinder, Colvill, Hines, Krey, Ostrowski
Commissioners: Rivlin 1
Commissioners: Ching
Commissioners: -
APPROVED:
Paul 1<4moyl6n, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Approval of Appeal — 31 Hardy Ave (PLN2019-024)
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 appellant shall plant one (1) 36-inch box tree on private
property located at 31 Hardy Avenue within 30 days of the removal of the one (1)
redwood tree in the rear yard. Replacement species shall not include fruit trees or
Eucalyptus trees. Replacement trees shall be of an equivalent aesthetic quality to
the Redwood trees, including a large mature canopy and evergreen foliage, subject
to approval by the Community Development Director. The location of the
replacement tree shall be subject to approval by the Community Development
Director. The approval of the species and location is required prior to installation.
The replacement tree shall be provided with permanent irrigation to the satisfaction
of the Community Development Director. Should the replacement tree decline in
health, it shall be replaced with a new tree subject to the above conditions.