Loading...
PC Res 3373RESOLUTION NO. 3373 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING AN APPEAL AND OVERTURNING AN ADMINISTRATIVE DENIAL OF A TREE REMOVAL PERMIT IN ORDER TO ALLOW THE REMOVAL OF AN ASH TREE ON COMMON AREA PROPERTY LOCATED BEHIND 108 & 110 SALICE WAY IN A PD (PLANNED DEVELOPMEN) ZONING DISTRICT. FILE NO. PLN2001-27. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2001-27: 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 ash tree to be removed and will continue the diversity of tree species found in the community. 3. The ash tree has the potential to cause substantial damage to existing townhomes or interfere with utility services. 4. The situation cannot be reasonably controlled or remedied through reasonable relocation or modification of the walkway, patio and wall and monitoring of the sewer line for damage. 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) or interfere with utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. 2. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 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. Where approval by the Community Development Director, 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: Planning Commission Resolution No. 3373 PLN2001-27 - 108 & 110 Salice Way Uphold Tree Appeal and Overturn Administrative Denial of Tree Removal Permit Page 2 COMMUNITY DEVELOPMENT DEPARTMENT Approved Project: Approval is granted for a Tree Removal Permit (PLN2001-27) to allow the removal of one (1) evergreen ash except as may be modified by the Conditions of Approval contained herein. 2. Replacement Tree: The applicant is required to plant one (1) 36-inch box tree to replace the ash tree in the common area of the property in close proximity to the location of the ash tree. The replacement tree shall be a species that it is included in the City's Water Efficient Landscaping Guidelines (WELS). 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 28th day of August, 2001, by the following roll call vote: AYES: Commissioners: Doorley, Francois, Gibbons, Hernandez and Jones NOES: Commissioners: None ABSENT: Commissioners: Lindstrom and Lowe ABSTAIN: Commissioners: None ~, / t T~m Fr~nc~s, Acting Chair ~haron Fierro, Secretary