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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. o 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). ° 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