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Resolution No. 4425144 RESOLUTION NO. 4425 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING LANDMARK TREE REMOVAL PERMIT NO. 94 -2, WITH CONDITIONS THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed for a landmark tree removal permit in accordance with the provisions of Section 17 -19 of the City Code of the City of Cypress to allow the removal of fourteen (14) Landmark Trees located at 4921 Katella Avenue, within the PS Public and Semi - Public Zone. 2. That the City Council considered said application as a New Business item on December 12, 1994. 3. That the City Council hereby finds that: (a) The condition of the subject fourteen (14) Landmark Trees with respect to disease, general health, danger of falling, proximity to existing or proposed structures, and interference with utility service, warrants the removal of said trees because they were found to be diseased, dying, and in danger of falling. (b) Based on the topography of the land surrounding the subject Landmark Trees, the removal of said trees will not result in increased erosion, decreased soil retention, and diversion or increased flow of surface waters because the project area contains a golf course containing a large amount of turf, trees, and other plant materials. (c) The proposed removal of the subject fourteen (14) Landmark Trees will not reduce the number of trees to below the required number of Landmark Trees within the Cypress Business and Professional Center Specific Plan area, therefore the proposed removals will not create an adverse effect on the subject or surrounding areas. (d) The proposed Landmark Tree removals will preserve the public health, safety, prosperity, and general welfare in the area because the subject trees are diseased, dying, and in danger of falling. (e) The subject Landmark Trees were found to be infested by the Long- Horned Borer Beetle, not as the result of inadequate landscaping or forestry practices. (f) After the proposed removal of fourteen (14) Landmark Trees,the subject property will contain 53 Landmark Trees over the required number and would, therefore, not require the replacement of the subject trees. (g) The public works and the recreation and parks departments of the City were consulted and their recommendations are incorporated into the conditions of approval for Landmark Tree Removal Permit No. 94 -2. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Landmark Tree Removal Permit No. 94 -2, subject to the following conditions attached hereto as Exhibit "A." PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 12th day of December , 1994. Ze—ti ( 16-AY01)F THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA) COUNTY OF ORANGE) SS I, DARRELL ESSEX, City Clerk of the the foregoing Resolution was duly adopted at a on the 12th day of December AYES: 5 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: City of Cypress, DO HEREBY CERTIFY that regular meeting of the said City Council held , 1994, by the following roll call vote: Bowman, Carroll, Jones, Kerry and Age None None L CITY CLERK O THE CITY OF CYPRESS 145 146 EXHIBIT "A" LANDMARK TREE REMOVAL PERMIT NO. 94 -2 CONDITIONS OF APPROVAL 1. The property owner or golf course personnel shall cause proper procedures to be followed for the removal, storing, transporting, and disposing of dead trees containing the Long - Horned Borer Beetle, to avoid the infestation of other Eucalyptus trees in the vicinity. The Orange County General Services Agency (GSA), Waste Management Division, shall be contacted prior to removal of the infested trees for information regarding appropriate transport and disposal procedures. 2. Landmark Tree Removal Permit No. 94 -2 shall permit the removal of only the fourteen (14) Landmark Trees identified on the aerial view photos submitted by the applicant for this permit and located in the project permit file. The removal of any additional Landmark Trees shall require a separate permit. Effective 12/12/94