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PC Res 3789 RESOLUTION NO. 3789 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBEll GRANTING A TREE REMOVAL PERMIT (PLN2006-122) TO ALLOW THE REMOVAL OF SEVEN TREES ON PROPERTY OWNED BY MR. DAN CAll LOCATED AT 1045 HAZEL AVENUE IN AN R-1-6 (SINGLE FAMilY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. DAN CALL. FILE NO: PLN2006-122. 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 PlN2006-122: 1. The proposed Tree Removal Permit is consistent with the low Density Residential (less than 6 units per gross acre) General Plan land use designation and R-1-6 (Single-family Residential) Zoning District. 2. The project will include the removal of six English/Black Walnut trees and one Palm tree because they would prohibit the construction of the new building. 3. The five 24-inch box replacement trees are consistent with the tree replacement requirements of the Tree Protection Regulations in that none of the removed trees are protected. 4. 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. 5. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEOA) pertaining to the construction of a new single-family residence in an urbanized area. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and 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 due to the number of site constraints of the infill site. Planning Commission Resolution No. 3789 PLN2006-122 - 1045 Hazel Avenue - Tree Removal Permit PaQe 2 of 3 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants a Tree Removal Permit (PLN2006-122) to allow the removal of seven trees on property owned by Mr. Dan Call located at 1045 Hazel Avenue in an R-1-6 (Single Family Residential) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, ~ty Attorney or Fire Department is required, that review shall be for compliance with an 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: 1. Approved Permit: Approval is granted for a Tree Removal Permit (PLN 2006-121) to allow the removal of seven trees (six Black or English Walnut trees and one Palm tree) on property located at 1045 Hazel Avenue. This permit shall be valid only in conjunction with the approved Site and Architectural Permit (PLN2006-121). 2. Replacement Trees: Five 24-inch box size trees shall be required as replacement for the existing trees to be removed. The location and species of these trees shall be shown on the detailed landscape and irrigation plans that shall be submitted to the Planning Division for review and approval by the Community Development Director, prior to the issuance of building permits. 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). 3. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site or on adjacent lots that are impacted by the project, and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building (e.g. building foundations, retaining walls, tree wells, etc.) on the project site. No construction or trenching shall take place within the drip line of trees beyond that shown on the plans and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles Planning Commission Resolution No. 3789 PLN2006-122 -1045 Hazel Avenue - Tree Removal Permit Page 3 of 3 driven into the ground shall be installed around the dripline of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. a. A specific detail for installation of fences under the drip line of the trees to be preserved shall be submitted to the Community Development Director for review and approval prior to the issuance of a building permit. This detail shall be included in the construction document plan set. b. To protect existing trees to be preserved from the grade increase on the project site, tree wells shall be constructed around the existing trees to be preserved. A specific detail for the construction of the tree wells shall be submitted to the Community Development Director for review and approval prior to the issuance of a building permit. This detail shall be included in the construction document plan set. c. All of the tree protection recommendations provided in the arborist report dated March 31, 2006, prepared by Douglas Anderson, WCISA Certified Arborist #1061, Anderson's Tree Care, shall be followed during the construction process. These recommendations include general recommendations (page 3), root care (page 4) and cultural management (page 4). PASSED AND ADOPTED this 9th day of January, 2007, by the following roll call vote: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None AYES: Commissioners: I~~ 1/ ") APPROVED: I ,fthe Michael Rocha, Chair ATTE~ -~ Sharon Fierro, Secretary