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PC Res 3721 RESOLUTION NO. 3721 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A TREE REMOVAL PERMIT (PLN2006-32) TO ALLOW THE REMOVAL OF ONE PROTECTED TREE (A 22-INCH DIAMETER WALNUT) ON PROPERTIES OWNED BY MR. BASHEER AHMED LOCATED AT 1690 & 1692 WESTMONT AVENUE IN AN R-1-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. BASHEER AHMED. FILE NO: PLN2006-32. 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 PLN2006-32. 1. The proposed Tree Removal Permit is consistent with the General Plan land use designation of Low Density Residential (less than 4.5 units per gross acre) and the R-1-9 (Single-Family Residential, 9,000 square foot minimum lot size) Zoning District. 2. The project will include the removal of one protected tree (a 22-inch diameter Walnut) because it would prohibit the construction of a new single-family home on the rear parcel. 3. The one 24-inch box replacement tree is consistent with the tree replacement requirements of the Tree Protection Regulations. 4. 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. 5. The project qualifies as a Categorically Exempt project per Section 15304, Class 4, of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The retention of the tree 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. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Planning Commission Resolution No. 3721 PLN2006-32 - 1690 & 1690 Westmont Avenue -Tree Removal Permit Page 2 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants a Tree Removal Permit (PLN2006-32) to allow the removal of one 22-inch diameter Walnut tree on property owned by Mr. Basheer Ahmed located at 1690 & 1692 Westmont Avenue in an R- 1-9 (Single Family Residential) Zoning District. 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. Approved Proiect: Approval is granted for a Tree Removal Permit (PLN2006-32) to allow the removal of one protected tree (a 22-inch diameter Walnut) on property located at 1690 & 1692 Westmont Avenue (rear parcel). The Tree Removal Permit shall only be valid in conjunction with the approved Site and Architectural Review Permit (PLN2006-03 & 04). 2. Replacement of Removed Trees: The applicant shall provide one 24-inch box replacement tree for the protected tree to be removed as part of the development. 3. Landscape Plan: Prior to the issuance of building permits, the applicant shall submit a final detailed landscape and irrigation plan to the Planning Division for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the replacement tree as required for the Tree Removal Permit. All landscaping and trees shall be installed prior to the issuance of a Certificate of Occupancy for the homes. 4. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during and grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the dripline of the tree. All trimming or branch removal from protect trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. Planning Commission Resolution No. 3721 PLN2006-32 - 1690 & 1690 Westmont Avenue -Tree Removal Permit Page 3 PASSED AND ADOPTED this 23rd day of May, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: ~~~ ~ Bob Alderete, hair . ATTEST: ~~ -L- ./ Sharon Fierro, Secretary