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8.A <br /> Page 73 <br /> an application is incomplete, City staff requests additional information for review. As <br /> previously stated, when City staff determined the initial Arborist Report to be <br /> incomplete, City staff required revisions to that document or the submittal of a new <br /> report. The applicant chose to submit a new Arborist Report (Attachment 14) that was <br /> evaluated by the City's Urban Forestry Specialist and found to be complete. On this <br /> basis, the Zoning Administrator relied on the Arborist Report in making a determination <br /> on the project and the permit. <br /> S. Appellants would have demonstrated that the Planning Dcpartment erred in issuing a <br /> per bef �re it had received and evaluated the Applicants ' Ti•ee Replacement Plan. <br /> a. Applicants are ra�t required to replace the Tree with another tree on site — let alvne <br /> ivith a tree with a mature crown (e.g., as a replacemertt tree in a 48" box would provide) <br /> that would go some distance to amelinrating the lnst benefits i f the Tree were to be <br /> removed. Neighbors are entitled to kno►v ofApplicants'plans before they are approved. <br /> , b. There is no formal or infarmal mechanism,for the neighbors to review and, if <br /> necessary, contest the Tree Replacement Plan after it ha,s been approved. <br /> Staff Response: The Planning Department has not erred in issuing the Architectural <br /> Permit. It is common practice to issue an architectural permit and condition such permit <br /> on subsequent approvals and plan submittals. There is no requirement that a Tree <br /> Replacement Plan be submitted or evaluated prior to issuance of an architectural <br /> permit. However, in light of the intended removal of the Italian Stone Pine, the Zoning <br /> Administrator has conditioned approval of the architectural permit on the applicant's <br /> replacement of the tree. Specifically, Conditions 8 and 9 of the Notice of Official Action <br /> state: <br /> 8. Prior to the removal of the Italian Stone Pine, the applicant shall submit a <br /> replacement planting plan for the City's review and approval. <br /> 9. The Italian Stone Pine shall be replaced by a new tree(s) equal to the amount <br /> of $3,190 as established in the Valuation and Tree Protection Plan. The <br /> species, sizes, and planting location shall be included in the replacement <br /> planting plan for review and approval by the City. <br /> It is also worth noting that while the Zoning Administrator has, consistent with its <br /> authority, approved the design of a project requiring removal of a tree, the applicant has <br /> not been granted the right to remove the tree. Such right is granted by the issuance of a <br /> Tree Removal Permit under Chapter 35 of the Municipal Code, which applicant must <br /> follow per Condition 7 of the Notice of Official Action. <br /> Conclusinns of Fact and Law that Appellants would have Demonstruted: The Planning <br /> Depurtment_failed in its duty (a) to,follow the Guidelines, and (b) to ensure tltut neighbors and <br /> residents at large would have a,fuir opportuniry to present their objections to (or support o� a <br /> vital element of the application review process. <br /> 5 <br />