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CC Resolution 9772 RESOLUTION NO. 9772 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING AN APPEAL AND OVERTURNING THE PARKS AND RECREATION COMMISSION DENIAL OF A REQUEST FOR TREE REMOVAL AT 281 WEST LATIMER AVENUE SUBJECT TO CONDITIONS INCLUDING THE PLANTING OF THREE REPLACEMENT TREES Based on the evidence presented, the City Council did find as follows with respect to the application for tree removal at 281 West Latimer Avenue: 1. The female carob street tree located in the parkway in front of281 West Latimer Avenue drops carobs in the area surrounding the tree and has caused some minor uplifting of the adjacent sidewalk. 2. The acidic reaction of the carobs causes adjacent property owners to, at times, park away from the tree to avoid paint damage to their vehicles. Based on the foregoing findings, the City Council further finds and concludes as follows: 1. Uplifted sidewalks are regularly addressed in the sidewalk repair program and in some cases are contributing reasons to remove trees. 2. The carob droppings cause undue inconvenience to the adjacent property owners who must park away from the tree to avoid paint damage to their vehicles. The City Council further finds that the following conditions should be met as a part of the approval to remove the tree: 1. The applicant is to remove and replace the tree with three trees at his own expense within one year. 2. The replacement trees are to be a 24-inch box size of a variety designated by the Parks Maintenance Supervisor from the Official Street Tree List. 3. The applicant is to make a cash deposit to ensure planting of the replacement trees. PASSED AND ADOPTED this 21st day of November, 2000, by the following roll call vote: AYES: Councilmembers: Dougherty, Furtado, Watson, Dean, Kennedy NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: A~~ Anne Bybee, City Clerk H:\prcomm\herkenrath reso 1 (mp)