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Resolution 13399CITY OF ALAMEDA RESOLUTION NO.13399 UPHOLDING THE HISTORICAL ADVISORY BOARD APPROVING CERTIFICATE OF APPROVAL, CA- 01 -08, 301 SPRUCE STREET WHEREAS, Hinh D. Nguyen made an application on June 28, 2001 for a Certificate of Approval to the removal of a Coast Live Oak tree, a protected species, from his property; and WHEREAS, application complete June 28, 2001; and WHEREAS, the General Plan designation of the site is Medium Density Residential; and WHEREAS, the parcel is located within the R -4, Neighborhood Residential Zoning District; and WHEREAS, the Historical Advisory Board held a public hearing on this application and approved the removal of the Live Oak tree on August 2, 2001; and WHEREAS, Patrick Lynch and Jeanne Nader appealed the approval on August 10, 2001; and WHEREAS, on September 18, 2001, the City Council held a public hearing and examined pertinent maps, drawings and documents; and WHEREAS, the City Council considered the staff responses to the bases of the appellants' appeal as set in the City Council memorandum, which is hereby incorporated by reference, and finds that there is no merit in the bases of appeal; and WHEREAS, the City Council of the City of Alameda makes the following findings with respect to the appellants' bases of appeal and relative to the Certificate of Approval to allow the removal of a Coast Live Oak on the property at 301 Spruce Street: 1. The Live Oak Tree has been severely pruned and is in very poor condition. 2. Retention of the Live Oak Tree would significantly restrict the possibility of development of the site. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Alameda hereby finds that the proposal is Categorically Exempt from CEQA, Guidelines, Section Section 15304 -- replacement of existing landscaping which does not involve the removal of a healthy tree; and BE IT FURTHER RESOLVED that the City Council upholds the Historical Advisory Board approval of Certificate of Approval, CA -98 -6, subject to the following conditions: The property owner shall plant a minimum of two Live Oak Tree with a minimum size of 10 gallons as part of any development project of the site. 2. The property owner shall secure the services of a registered landscape architect to provide advice on the best location for planting of the Live Oaks in compliance with Condition #1. 3. The property owner shall submit the plan for locating the Live Oaks prepared by the landscape architect to the Historical Advisory Board for review and approval. 4. The property owner shall enter into a Landscape Agreement with the City of Alameda for a period of not less than three years from date of installation in order to ensure the maintenance of the required replacement trees. 5. The property owner shall follow the recommendations of the Arborist Report, prepared by Stephen Batchelder, dated June 15, 2001, and on file in the Planning Department Offices, as part of any development project of the site. 6. The property owner shall record a deed restriction which would infoiiii any subsequent owner of the property of Conditions #1 through #5 as part of any development approval by the City for the site. A copy of the deed restriction shall be submitted to the Planning Department prior to the issuance of the Certificate of Occupancy. C:\WPDOCS \DATA\301 SPRUC I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 18th day of September, 2001, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of September, 2001. Lara Weisiger, Acting City Clerk City of Alameda