Loading...
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