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PC Res 3368RESOLUTION NO. 3368 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2001-75) TO ALLOW THE REMOVAL OF ONE BLACK ACACIA TREE 1N CONJUNCTION WITH A DEVELOPMENT APPLICATION ON PROPERTY LOCATED AT 1555, 1561 & 1573 VAN DUSEN LANE IN AN R-l-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. MICHAEL COSTA. FILE NO. PLN2001-75. 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 PLN2001-75: 1. The proposed Tree Removal Permit is consistent with the R-l-9 (Single-family Residential) zoning designation and the General Plan Low Density Residential designation. 2. The proposed tree replacement requirement of one (1) 24-inch box size tree is consistent with the requirements of the Tree Protection Ordinance. 3. The proposed replacement tree will be a sufficient replacement for the Black Acacia tree to be removed and shall continue the diversity of tree species found in the community. 4. The Black Acacia tree is in poor structural condition and has been topped in the past, resulting in branches that are weakly attached to the tree and are in danger of splitting off. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The Black Acacia tree presents a danger of falling, and the applicant has demonstrated to the satisfaction of the Planning Commission that this danger cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices. 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 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Permit: Approval is granted for a Tree Removal Permit (PLN 2001-75) to allow the removal of one (1) Black Acacia tree at 1561 Van Dusen Avenue. This permit shall only Planning Commission Resolution No. 3368 PLN2001-75 - 1555, 1561 & 1573 Van Dusen Lane - Tree Removal Permit Page 2 be valid in conjunction with an approved Site and Architectural Review Permit (PLN 2001- 21) and are not herein specified. Replacement of Removed Tre~: In addition to the six trees required under Site and Architectural Review Permit No. PLN 2001-21, one (1) 24-inch box size tree shall be required as a replacement for the Black Acacia tree at 1561 Van Dusen Lane. 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. PASSED AND ADOPTED this l0th day of July, 2001, by the following roll call vote: AYES: Commissioners: Doorley, Francois, Gibbon, Hemandez, Lindstrom and NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Cowe None Jones Mel L~rom, Chair ATTEST: .~&~Aev'~~4~ Sharon Fierro, Secretary