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PC Res 3349RESOLUTION NO. 3349 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING AN ADMINISTRATIVE APPROVAL FOR A TREE REMOVAL PERMIT TO REMOVE AN OAK TREE ON PROPERTY LOCATED AT 1312 RIDGELEY DRIVE IN AN R-l-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. FILE NO. PLN2000-41. 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 PLN2000o41: 1. The proposed Tree Removal Permit is allowed and consistent with the R-l-6 (Single-Family Residential) zoning designation and the General Plan Low Density Residential designation. 2. The proposed tree replacement plan of one (1) 36-inch box Pyrus Kawakamii (Evergreen Pear) tree is consistent with the requirements of the Tree Protection Ordinance. 3. The proposed replacement tree will be a sufficient replacement for the oak tree to be removed and will continue the diversity of tree species found in the community. 4. The existing oak tree has the potential to cause substantial damage to the power lines and could present a serious fire and/or utility hazard. 5. In the past, the situation has been reasonably controlled through regular maintenance, but a large tree in this location is discouraged by the Society of Arboriculture, the California Public Utilities Commission, and PG & E. 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 Ordinances of the City of Campbell and the State of California. 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 (PLN2001-41) to allow the removal of one (1) Coast Live Oak except as may be modified by the Conditions of Approval contained herein. Planning Commission Resolution No. 3349 PLN2001-41 - Denial of Appeal and Upholding Administrative Tree Removal Permit Page 2 Replanting Plan' The applicant is required to plant one (1) 36-inch box tree to replace the Oak tree in the southwestern comer of the property. So that the same problem does not occur again, the Director has approved the planting of a smaller tree, a Pyrus Kawakamii (Evergreen Pear) in the same comer. The replacement tree must be installed within 30 days of the final approval date of the Tree Removal Permit following the appeal period. Failure to abide by the terms of these conditions shall nullify the approval. PASSED AND ADOPTED this 22nd day of May, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Doorley, Francois, Gibbons, Jones, Lindstrom and Lowe Commissioners: Hemandez Commissioners: None Commissioners: /~x.M.e.~ ~fir ~.~ ' Mel ~m, Chair Sharon Fierro, Secretary