CC Resolution 10226
RESOLUTION NO.
10226
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TREE REMOV AL PERMIT (PLN2003-27)
TO ALLOW THE REMOVAL OF TWO PROTECTED TREES ON
PROPERTY OWNED BY MR. RUSSELL MAHZOON LOCATED AT
636 W. SUNNY OAKS A VENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
RUSSELL MAHZOON. FILE NO. PLN2003-27.
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 City Council did find as follows with
respect to application PLN2003-27.
1. The proposed Tree Removal Permit is consistent with the Low-Medium Density Residential
(6-13 units per gross acre) General Plan land use designation and P-D (Planned-
Development) Zoning District.
2. The project will include the removal of two protected trees (one 19-inch diameter
Cottonwood tree and one 20-inch diameter Pine tree) because they would prohibit the
construction of the new buildings.
3. The two 24-inch box replacement trees are consistent with the tree replacement requirements
of the Tree Protection Regulations.
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.
Based upon the foregoing findings of fact, the City Council 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.
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.
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City Council Resolution
PLN2003-27 - 636 W. Sunnyoaks Avenue- Tree Removal Permit
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal
Permit (PLN2003-27) to allow the removal of two protected trees on property owned by Mr.
Russell Mahzoon located at 636 W. Sunnyoaks A venue, subject to the following conditions:
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:
1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of
two protected trees at 636 W. Sunnyoaks Avenue. This permit shall be valid only in
conjunction with the approved Planned Development Permit (PLN2003-25).
2. Replacement Trees: Two 24-inch box size trees shall be required as replacement for the two
protected 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.
PASSED AND ADOPTED this 5th day of
vote:
Auqust , 2003, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado
COUNCILMEMBERS: None
COUNCILMEMBERS: None ~ ;J
COUNCILMEMBERS: None _ _ \\ ~. .\
APPROVE. _ 'r~_~~l\\r\
.
Daniel E. Furtado, Mayor
ATTEST:
{Ld1k,-
Anne Bybee, City Clerk