CC Resolution 10027
RESOLUTION NO. 10027
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL GRANTING A TREE REMOVAL PERMIT (PLN
2002-22) TO ALLOW THE REMOVAL OF ONE 31-INCH
DIAMETER AILANTHUS ALTISSIMA TREE ON PROPERTY
LOCATED AT 154 SUNNYSIDE AVENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS.
SHIRLEY LU LEVITT. FILE NO. PLN 2002-22.
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 PLN 2002-22:
1. The proposed Tree Removal Permit is consistent with the Planned Development Zoning
Ordinance and the General Plan Low-Medium Density Residential land use designation.
2. Ailanthus is a fast growing tree that is widely regarded as an exotic weed. It is an aggressive
competitor with respect to the surrounding vegetation and produces toxins which prevent the
establishment of other species. The root system is aggressive enough to cause damage to
sewers and foundations.
3. The size and location of the tree would preclude development of the site if the tree were
required to remain. The health of the tree and the structural integrity would be significantly
compromised if construction occurred around the tree due to the severity of root pruning and
soil compaction required.
4. The proposed tree replacement requirement of one 36-inch box size tree is consistent with the
requirements of the Tree Protection Ordinance.
5. The proposed Deodar Cedar replacement tree will be a sufficient replacement for the tree 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 tree 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 City Council that there are no
reasonable alternatives to preserve the tree.
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 (s)he is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall
City Council Resolution
PLN 2002-22 - 154 Sunnyside Avenue - Tree Removal Permit
Page 2
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 items under review.
Additionally, the applicant is hereby notified that (s)he 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 2002-22) to allow
the removal of one 31-inch diameter Ailanthus altissima tree at 154 Sunnyside A venue. This
permit shall only be valid in conjunction with an approved Planned Development Permit
(PLN 2001-125).
2. Replacement of Removed Tree: One 36-inch box size Deodar Cedar tree shall be required as
a replacement for the one tree to be removed at 154 Sunnyside 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.
PASSED AND ADOPTED this 21stdayof May
, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Burr, Kennedy, Furtado, Watson
None
Dean
None
ATTEST:
APPROVED: riLEvd:::-
Jearu;'tte Watson, Mayor