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PC Res 3324RESOLUTION NO. 3324 BE1NG A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING AN APPEAL AND OVERTURNING AN ADMINISTRATIVE DENIAL IN ORDER TO ALLOW THE REMOVAL OF THIRTEEN (13) PINE TREES ON PROPERTY LOCATED AT 213-229 N. CENTRAL AVENUE IN AN R-M-S (MULTIPLE-FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MS. CECILE MOORAD, ON BEHALF OF CENTRAL PARK II HOMEOWNERS ASSOCIATION. FILE NO. PLN2000-160. After notification and public heating, 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 PLN2000-160: 1. The proposed Tree Removal Permit is consistent with the R-M-S (Multi-Family Residential) zoning designation and the General Plan residential land use designation. 2. The proposed tree replacement plan of a 1:1 ratio of 24-inch box Shumard Red Oaks, Fern Pines, and Tupelo Trees is consistent with the requirements of the Tree Protection Ordinance. 3. The proposed replacement trees will suffice as replacements for the trees to be removed and will continue the diversity of tree species found in the community. 4. The existing Pine trees are causing substantial damage to the existing building and drainage system. 5. The situation cannot be reasonably controlled or remedied through regular maintenance of the Pine trees and property. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The approved Tree Removal Permit is consistent with the City's General Plan and Zoning Ordinance. 2. The approved Tree Removal Permit is consistent with the City's Tree Protection Ordinance. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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: Planning Commission Resolution No. 3324 PLN2000-160 - 213-229 N. Central Avenue - Uphold Appeal and Allow Tree Removal Permit Page 2 COMM[IN!T¥ BEVF. I .OpMFNT I~F. PAltTMF. NT Approved Pm?et, Approval is granted for a Tree Removal Permit (PLN2000-160) to allow the removal of thirteen (13) Pine trees except as may be modified by the Conditions of Approval contained herein. Renlantino Plan' a. The applicant shall submit a revised replanting plan for the review and approval by the Community Development Director before any additional trees are removed. b. The plan shall show a minimum replanting ratio of 1' 1 and the trees shall be at least 24- inch box in size. c. Upon approval of the revised replanting plan, the tree removal is permitted and the replanting shall take place within thirty days of the removal. Failure to abide by the terms of these conditions shall nullify the approval. PASSED AND ADOPTED this 23rd day January, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Jones, Lindstrom, Lowe Commissioners: Doorley, Gibbons Commissioners: Francois, Hemandez Commissioners: None APPROVE~~ ~e/V~/~m, Chair Sharon Fierro, Secretary