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Appeal No. 2009-04 Conditional Use Permit No. 2006-20 Variance No. 2006-13 November 2, 2009 Page 2 • Condition No. 5(b): Three new trees be planted within the interior of the parking lot; • Condition No. 5(c): The replacement of all damaged and missing concrete curbing; • Condition No. 5(d) The removal of Bush Street setback, including the located on private property; and, • Condition No. 5(e): The removal of Street planter and the installation Tree. the liquidambar tree from the tree trunk (stump) and roots the Yucca Trees from the Bush of a 24-inch Australian Willow On September 21, 2009, the applicant appealed the determination of the Planning Commission due to concerns with Condition No. 5(b), a condition that was added by the Commission. This condition requires the applicant to install three tree wells, irrigation for the trees and concrete curbing within the interior of the parking lot. The condition was added in an effort to bring the interior of the parking lot into closer compliance with the City's landscape standards, which is one 8 1/2 foot by 18 foot landscaped planter for every 10 parking spaces. However, due to the small size of the lot, it was infeasible to provide the code required planters. The applicant's concerns with the t: parking lot are that they will become vehicles. The applicant stated that used the parking lot and the addition the lot and the trees may be damaged requiring constant replacement. ~ee wells in the interior of the an obstacle and traffic hazard to larger vehicles have historically of the trees would further confine ~r destroyed by the vehicles, thus In lieu of three interior trees, the applicant has agreed to plant the same number of queen palm trees within the newly created landscape planter at the northwest corner of the site. The applicant is proposing to install 8 foot palm trees. Staff is in agreement with this request provided the trees are 8 foot brown trunk trees, which will result in palm trees approximately 12 feet in height. This would result in the establishment of a significant landscape element along a major thoroughfare and will serve as a visual gateway to several city neighborhoods. The applicant's appeal application did not accurately reflect Planning Division Condition No. 5(d). In order to clarify, this condition requires the applicant to remove the existing liquidambar tree along Bush Street, including the trunk and all roots on private property. The 75D-2