CC Resolution 9966
RESOLUTION NO. 9966
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL GRANTING 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 1. 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 City Council 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 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.
4. 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.
7.
The Alder tree is predominantly dead based on an analysis by a Certified Arborist.
The Box Elder tree has been determined to have structural decay and a visible
according to a Certified Arborist.
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Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. 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.
2. 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.
3. 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.
City Council Resolution
PLN200 1-118 - 861 Apricot Avenue - Tree Removal Permit
Page 2
4. 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
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 2001-118) to allow
the removal of one Deodar Cedar tree, one Blue Spruce tree, one Red Cedar tree, one Alder
Tree and one Box Elder tree at 861 Apricot Avenue. This permit shall only be valid in
conjunction with an approved Planned Development Permit (PLN2000-46).
2. Replacement of Removed Tree: Five 36-inch box size trees shall be required as a
replacement for the five 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 Guidelines (WELS).
PASSED AND ADOPTED this 2nd
day of January , 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Dean, Burr, Kennedy, Furtado, Watson
None
None
None
APPROVED: ~",-'-
J e~tte Watson, Mayor
ATTEST:
CL~
Anne Bybee, City Clerk