PC Res 3397RESOLUTION NO. 3397
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TREE REMOVAL PERMIT (PLN2001-118) TO REMOVE FIVE
TREES ON PROPERTY LOCATED AT 861 APRICOT AVENUE
IN AN R-3-S (MULTIPLE FAMILY RESIDENTIAL) ZONING
DISTRICT. APPLICATION OF MR. STEPHEN J. CUSELLA. FILE
NO. PLN2001-118.
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 PLN2001-118:
1. The proposed Tree Removal Permit is consistent with the Planned Development Zoning
Ordinance and the General Plan High Density Residential land use designation.
2. The proposed tree replacement requirement of five (5) 36-inch box size trees is consistent
with the requirements of the Tree Protection Ordinance.
3. The proposed replacement trees will be a sufficient replacement for the trees to be removed
and will continue the diversity of tree species found in the community.
The size and location of the Deodar Cedar and Blue Spruce trees in the center of the project
site would preclude redevelopment of the site if the trees were to be required to remain. The
health of the trees and the structural integrity would be significantly compromised if
constructed occurred around the trees due to the severity of root pruning and soil compaction
required to facilitate redevelopment.
5. A Certified Arborist has deemed the Red Cedar tree a fire hazard.
6. The Alder tree is predominantly dead based on an analysis by a Certified Arborist.
7. The Box Elder tree has been determined to have structural decay and a visible conk
according to a Certified Arborist.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resolution No. 3397
PLN2001-118 - 861 Apricot Avenue - Tree Removal Permit - Five Trees
Page 2
The retention of the Deodar Cedar and Blue Spruce trees restricts the economic enjoyment of
the property or 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 trees.
The Red Cedar tree can potentially cause substantial damage to the proposed residential
buildings, and the applicant has demonstrated to the satisfaction of the Planning Commission
that this potential damage cannot be controlled or remedied through reasonable relocation or
modification of the structure or utility services.
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The Alder and Box Elder trees present 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 such that the public health and safety requires its removal.
4. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
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:
Approved Permit: Approval is granted for a Tree Removal Permit (PLN 2001-118) to allow
the removal of one (1) Deodar Cedar tree, one (1) Blue Spruce tree, one (1) Red Cedar tree,
one (1) Alder Tree and one (1) Box Elder tree at 861 Apricot Avenue. This permit shall only
be valid in conjunction with an approved Planned Development Permit (PLN 2000-46).
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Replacement of Removed Tree: Five (5) 36-inch box size trees shall be required as a
replacement for the five (5) trees to be removed at 861 Apricot Avenue. 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. The proposed replacement trees shall
continue the diversity of tree species found in the community and shall be a species listed in
the City's Water Efficient Landscaping Standards (WELS).
Planning Commission Resolution No. 3397
PLN2001-118 - 861 Apricot Avenue - Tree Removal Permit - Five Trees
Page 3
PASSED AND ADOPTED this 13th day of November, 2001, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Francois, Hernandez and Leonard
NOES: Commissioners: Gibbons
ABSENT: Commissioners: Jones
ABSTAIN: Commissioners: None
ATTEST:
Tom Francois, (~hair
Sharon Fierro, Secretary