PC Res 3424RESOLUTION NO. 3424
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TREE REMOVAL PERMIT (PLN2002-22) TO ALLOW THE
REMOVAL OF ONE 31-INCH DIAMETER AILANTHUS
ALTISSIMA TREE ON PROPERTY OWNED BY MS. SHIRLEY LU
LEVITT AT 154 SUNNYSIDE AVENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS.
SHIRLEY LU LEVITT. FILE NO. PLN2002-22.
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 PLN2002-22:
1. The proposed Tree Removal Permit is consistent with the Planned Development Zoning
Ordinance and the General Plan Low-Medium Density Residential land use designation.
2. The proposed tree replacement requirement of one 36-inch box size trees is consistent with
the requirements of the Tree Protection Ordinance.
3. The proposed replacement tree will be a sufficient replacement for the tree to be removed
and will continue the diversity of tree species found in the community.
Ailanthus is a fast growing tree that is widely regarded as an exotic weed. It is an aggressive
competitor with respect to the surrounding vegetation and produces toxins which prevent the
establishment of other species. The root system is aggressive enough to cause damage to
sewers and foundations.
o
The size and location of the Tree-of-Heaven would preclude development of the site if the
tree were required to remain. The health of the tree and the structural integrity would be
significantly compromised if construction occurred around the tree due to the severity of root
pruning and soil compaction required.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The retention of the Tree-of-Heaven restricts the economic enjoyment of the property and
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 Planning
Commission that there are no reasonable alternatives to preserve the tree.
2. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Planning Commission Resolution No. 3424
PLN2002-22 - 154 Sunnyside Avenue -- Tree Removal Permit
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Tree Removal Permit (PLN2002-22) to remove one 31-inch diameter Ailanthus Altissima
tree on property owned by Ms. Shirley Lu Levitt at 154 Sunnyside Avenue, subject to the
following conditions:
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:
Approved Permit: Approval is granted for a Tree Removal Permit (PLN 2002-22) to allow
the removal of 31-inch diameter Ailanthus altissima (Tree-of-Heaven) at 154 Sunnyside
Avenue. This permit shall only be valid in conjunction with an approved Planned
Development Permit (PLN 2001-125).
Replacement of Removed Tree: One 36-inch box size trees shall be required as a
replacement for the one tree to be removed at 154 Sunnyside Avenue. The location and
species of this tree shall be shown on the detailed landscape and irrigation plans that shall be
submitted to the Planning Division, prior to the issuance of building permits, for review and
approval by the Community Development Director. The proposed replacement tree shall
continue the diversity of tree species found in the community and shall be a species listed in
the City's Water Efficient Landscaping Standards (WELS).
PASSED AND ADOPTED this 23rd day of April, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Francois, Gibbons, Hernandez,
Leonard
Doorley
None
None
(.~ Tom~ Francois, Ck't;~ir-''''----~
Jones
and
ATTEST:
Sharon Fierro, Secretary