PC Res 3448RESOLUTION NO. 3448
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL UPHOLDING AN APPEAL AND
OVERTURNING THE COMMUNITY DEVELOPMENT
DIRECTOR'S ADMINISTRATIVE DENIAL OF A TREE
REMOVAL PERMIT (PLN2002-76) TO REMOVE A REDWOOD
TREE ON PROPERTY OWNED BY RICHARD AND ARLINE
TABOREK LOCATED AT 1441 WALNUT DRIVE IN AN R-l-10
(SINGLE FAMILY RESIDENCIAL) ZONING DISTRICT.
APPPEAL OF RICHARD AND ARIJNE TABOREK. FILE NO.
PLN2002-76.
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 PLN2002-76:
1. The proposed tree replacement plan of one (1) 36-inch box tree (species to be determined)
tree is consistent with the requirements of the Tree Protection Ordinance.
2. The proposed replacement tree will be a sufficient replacement for the Redwood tree to be
removed and will continue the diversity of tree species found in the community.
3. The tree has the potential to cause substantial damage to proposed garage and driveway.
4. The situation cannot be reasonably controlled or remedied through reasonable relocation or
modification of the garage or driveway.
5. Based upon an Arbofist's evaluation, the tree has been found to have a crack and to be
infested with the Western Shadow Bore. The Arborist estimates that the tree would die
within a year or two as a result of these existing conditions.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes that:
The tree can potentially cause substantial damage to existing or proposed main buildings
(e.g., dwellings or other main buildings) and cannot be controlled or remedied through
reasonable relocation or modification of the structure or utility services.
There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Planning Commission Resolution No. 3448
PLN2002-76- 1441 Walnut Drive
Upholding Appeal and Overturning Administrative Denial of Tree Removal Permit
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission upholds an appeal and
overturns the Community Development Director's denial of a Tree Removal Permit (PLN2002-
76) to remove a Redwood Tree from property owned by Richard and Arline Taborek located at
1441 Walnut Drive, 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
Approved Project: Approval is granted for a Tree Removal Permit (PLN2001-76) to allow
the removal of one (1) Redwood tree except as may be modified by the Conditions of
Approval contained herein.
Replacement Tree: The applicant is required to plant one (1) 36-inch box tree to replace the
Redwood tree along the Walnut Drive frontage. The replacement tree shall be a species that
is included in the City's Water Efficient Landscaping Guidelines (WELS). The replacement
tree must be installed within 30 days of the building final date for the addition to the
residence.
3. Written Arborist's Report Documenting Tree Condition: Prior to removal of the Redwood
tree, the Project Arbofist, Curtis A. Blank, will provide a written report documenting his
findings regarding the health of the Redwood tree as expressed in his testimony before the
Planning Commission.
Failure to abide by the terms of these conditions shall nullify the approval.
PASSED AND ADOPTED this 13th day of August, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Sharon Fierro, Secretary
Alderete, Doorley, Francois and Gibbons
Jones
Hernandez
None APPROV~ ~//~~
Tom Francois,~ghair