PC Res 3962RESOLUTION NO. 3962
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING AN APPEAL (PLN2009-98)
AND UPHOLDING THE ADMINISTRATIVE DECISION OF THE
COMMUNITY DEVELOPMENT DIRECTOR TO DENY A TREE
REMOVAL PERMIT TO REMOVE THREE SWEETGUM
(LIQUIDAMBAR STRYACIFLUA) TREES WITHIN THE
PRUNEYARD VISTA HOMEOWNER'S ASSOCIATION PROPERTY
NEAR 913 8~ 915 APRICOT AVENUE IN AN R-1-3 (MULTIPLE
FAMILY RESIDENTIAL) ZONING DISTRICT. APPEAL OF MS. SUE
SHEARER, ON BEHALF OF PRUNEYARD VISTA HOA. FILE NO.:
PLN2009-98.
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 PLN2009-98:
1. The tree application describes the health of all the trees as fair and the arborist
report does not identify that the trees are diseased.
2. The arborist report describes that the trees have caused damage to curbs,
sidewalks and utility boxes. However; no description has been provided that relates
the growth of these trees to damage of the main buildings or interference with
utilities.
3. The retention of the trees does not 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.
4. The project qualifies as Categorically Exempt under Section 15304, Class 4 of the
California Environmental Quality Act (CEQA) pertaining minor landscaping changes.
Based upon the foregoing findings of fact, subject to the conditions of approval, the
Planning Commission further finds and concludes that:
1. Diseased: The trees are not irreparably diseased nor do they presents a danger of
falling that cannot be controlled or remedied through reasonable preservation
and/or preventative procedures and practices such that the public health or safety
requires its removal.
Planning Commission Resolution No. 3962
PLN2009-98 - 913 & 915 Apricot Avenue -Deny the Appeal of an Administrative Decision
Page 2
2. Potential Damage -The trees have uplifted sidewalks and curbs and have potentially
impacted a utility box, however, the request has not described that the trees have
caused substantial damage to existing or proposed main buildings (e.g., dwellings or
other main buildings) or interfere with utility services and that cannot be controlled or
remedied through reasonable relocation or modification of the structure or utility
services.
3. Economic Enjoyment and Hardship -The retention of the trees will not restrict 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 not demonstrated to the satisfaction of the approval authority that there are no
reasonable alternatives to preserve the trees.
THEREFORE, BE IT RESOLVED that the Planning Commission denies an Appeal
(PLN2009-98) and upholds the Administrative Decision of the Community Development
Director to deny a Tree Removal Permit to remove three Sweetgum (Liquidambar
stryaciflua) trees within the Pruneyard Vista homeowner's Association property near 913 &
915 APRICOT AVENUE in an R-1-3 (Multiple Family Residential) Zoning District.
PASSED AND ADOPTED this
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
13th day of October, 2009, by the following roll call vote:
Alster, Cristina, Gibbons, Reynolds, Rocha and
Roseberry
None
Ebner
None
~~
A~~ROVE~:
Gibbons, Acting Chair
ATTEST:
Kir ~-leinric ,Secretary