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18 <br /> __ ___________ -- <br /> He commented that after a complete examination of the <br /> site by members of the Architectural Committee and the <br /> Park and Recreation Director , rather than agreeing to <br /> the relocation of the some 17 trees , it was agreed to <br /> replace them with 30 " to 4o " sized trees of another <br /> species than walnuts , which was noted to be a relative <br /> dirty tree from standpoint of maintenance . He mentioned <br /> that the one walnut tree in question was thought to be a <br /> heritage tree ( a tree by City ' s tree ordinance was a tree <br /> 24 " in diameter ) . He noted the Architectural Committee ' s <br /> alternate locations and that the trees to be removed to <br /> new locations from the Kentfield side would go within <br /> the green open space area . <br /> Mr . Olivia noted that the Architectural Committee , how - <br /> ever , felt that this one walnut tree should be retained , <br /> and that during the deliberations with the Committee <br /> they stated the project should be reduced by three units , <br /> which would not be economically feasible to the Company ; <br /> that they felt they had conformed to all Ordinances of <br /> the City regarding density , setbacks , good architecture , <br /> conventional to the neighborhood ; that they were willing <br /> to replace the trees which would be required to be taken <br /> out with very large trees , and in response to this one <br /> walnut tree in question , to replace same with three 48 " <br /> box sized trees . He concluded by stating that they felt <br /> they had more than responded to requirements of the City ' s <br /> Ordinances , and more than responded to any justified re - <br /> quests in terms of the architecture of planning on this <br /> project and would request Council ' s consideration for <br /> approval of their Planned Development Permit . <br /> Council thereafter questioned Mr . Olivia more specifically concerning removal of <br /> the trees , size of those proposed for replacement , and those that were to reamin <br /> on the site . <br /> Mr . Olivia advised that the boxed size mentioned of 30 " <br /> to 4o " would be of some 20 ' in height , in addition to <br /> the 48 " boxed size which would be even larger , in addi - <br /> tion to the 15 trees which would remain as now existing <br /> on the site . He reiterated he felt they had responded <br /> not only to all City Ordinances with reference to land - <br /> scaping specifically , but setbacks , side yards , project <br /> site design , construction , and large open areas . <br /> Robert J . Costello , Attorney for applicant , Challenge <br /> Development Company , referred to City ' s records of the <br /> project as developed through hearings , believed the <br /> action of the Planning Commission was complete when <br /> Planned Development Permit was recommended for approval <br /> to Council on May 22nd , subject to five specific condi - <br /> tions , one of which included an Architectural Permit be <br /> obtained which would probably have been required in any <br /> event . Thereafter , an Architectural Permit was re - <br /> quested and then denied on such grounds as applicant <br /> had not taken into consideration the natural features <br /> of the site , mainly as related to the trees on the site . <br /> Applicant appealed to Planning Commission the denial of <br /> the Architectural Permit , and according to records of <br /> Minutes , their action was a tie vote , resulting in no <br /> action on appeal , with equivalent being a negative one . <br /> Staff was then asked for a reconsideration of this <br /> matter , and action taken by Planning Commission was to <br /> decline to discuss the matter further . Mr . Costello <br /> felt it was inconceivable that an extremely experienced <br /> developer of long standing reputation and operations in <br /> Redwood City should be before the Council on this pro- <br /> posal in the manner of the records submitted . He felt <br /> the record of the two environmental impact reports sub - <br /> mitted , the hearings held , adjustments to the plan <br /> which were made in response to either Staff or Com- <br /> mission recommendations spoke for themselves , and all <br /> of which at this point seemed to have stemmed from <br /> one walnut tree , which if were required to be retained , <br /> as now recommended , would result in the deletion of <br /> three units , in spite of offer made to replace any and <br /> all trees on site , and result in whole of project not <br /> being economically feasible . <br /> 9/17/73 <br /> Reg . Mtg . <br />