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PC Res 4028RESOLUTION NO. 4028 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING THE APPEAL (PLN2011-143) AND UPHOLDING THE ADMINISTRATIVE DENIAL OF A TREE REMOVAL PERMIT (PLN2011-100) TO REMOVE ONE 36-INCH DIAMETER COASTAL REDWOOD TREE IN THE REAR YARD OF A RESIDENTIAL PROPERTY LOCATED AT 1088 E. CAMPBELL AVENUE IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. FILE NO.: PLN2011-143. 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 PLN2011-143: Environmental Finding 1. The project qualifies as a Categorically Exempt project under Section 15304, Class 4 of the California Environmental Quality Act (CEQA) pertaining to minor landscaping changes. Evidentiary Findings 1. The tree application describes the health of the tree as in reasonable health and the arborist report does not identify that the tree is diseased. 2. The arborist report describes that the tree has caused damage to a private rear yard cement patio and wooden good neighbor fence. 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, as ongoing maintenance may be found as a normal and usual cost for a property owner with a mature tree on site. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. Diseased: The tree is 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. 4028 PLN2011-143 - 1088 E. Campbell Avenue -Denial of Appeal Paae 2 2. Potential Damage: The tree has uplifted a portion of a rear yard private cement patio and wooden good neighbor fence, however, the request has not described that the tree has 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 tree 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 the Appeal (PLN2011-143) and upholds the Administrative Denial of a Tree Removal Permit (PLN2011-100) to remove one 36-inch diameter Coastal Redwood Tree in the rear yard of a residential property located at 1088 E. Campbell Avenue in an R-1-6 (Single Family Residential) Zoning District. PASSED AND ADOPTED this 28th day of June, 2011, by the following roll call vote: AYES: Commissioners: Alster, Brennan, Ebner, Gibbons and Resnikoff NOES: Commissioners: Reynolds and Roseberry ABSENT: Commissioners: None ABSTAIN: Commissioners: None ----, APPROVED: ~~b m.-c. Bob Roseberry, Chair ATTEST: Kirk ~r hs, Secretary