PC Res 4053RESOLUTION NO. 4053
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT
(PLN2012-54) TO ALLOW THE REMOVAL OF FIVE PROTECTED
TREES ON PROPERTY LOCATED AT 307 ORCHARD CITY DRIVE
IN THE C-3 (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT.
FILE NO.: PLN2012-54.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as
follows with respect to application PLN2012-54:
Environmental Finding
1. The project qualifies as a Categorically Exempt project per Section 15301 Class 1 of the
California Environmental Quality Act (CEQA) pertaining to minor alterations to an
existing private structure, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination.
Evidentiary Findings
2. The proposed Tree Removal Permit is consistent with the Central Commercial General
Plan land use designation and C-3 (Central Business) Zoning District.
3. The project will include the removal five protected trees, of which two Japanese Maples
are in decline and three Alders would be impacted by the installation of a new hardscape
entryway replacing an existing entry feature that is deteriorating. All other onsite
protected trees would remain.
4. The five 24-inch box proposed replacement trees shown on the landscape plan are
consistent with the tree replacement requirements of the Tree Protection Regulations.
5. The proposed replacement trees will be a sufficient replacement for the trees to be
removed and will continue the diversity of tree species found in the community.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The retention of the trees would restrict the economic enjoyment of the property and
create an unusual hardship for the property owner by severely limiting the use of the
property in a manner not typically experienced by owners of similarly zoned and
situated properties, and the applicant has demonstrated to the satisfaction of the
Planning Commission that there are no reasonable alternatives to preserve the trees
due to their proximity to the existing and development hardscape improvements.
Planning Commission Resolution No. 4053
PLN2012-54 - 307 Orchard City Drive -Tree Removal Permit
Page 2
1. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as currently presented and subject to the required
conditions of approval, will have a significant adverse impact on the environment.
2. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tree Removal
Permit (PLN2012-54) to allow the removal of five protected trees on property located at 307
Orchard City Drive.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review
shall be for compliance with all applicable Conditions of Approval, adopted policies and
guidelines, ordinances, laws and regulations, and accepted engineering practices for the
item under review. Additionally, the applicant is hereby notified that he/she is required to
comply with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of
five protected private trees, as shown on sheet A2.1 of the project plans, dated as
received on March 19, 2012 on property located at 307 Orchard City Drive. This permit
shall be valid only in conjunction with the approved Planned Development Permit
(PLN2011-294). No protected trees shall be removed prior to the issuance of
Building Permits. Applicant shall give the Planning Division 24-hour notice prior
to the removal of protected trees.
2. Replacement Trees: The Final Landscaping Plan shall indicate five new private trees
(minimum 24-inch box size), are being planted as replacement trees pursuant to the tree
removal permit approved herein. The location and species of these trees shall be shown
on the detailed landscape and irrigation plans that shall be submitted to the Planning
Division for review and approval by the Community Development Director., prior to the
issuance of building permits.
3. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected
trees to be retained on site and shall contain specific information about the preservation
of the trees during any grading or building on site. Such tree protection measures shall
be installed prior to any demolition, grading, or building on the project site. No
construction or trenching shall take place within the drip line of trees and a fence
constructed of temporary cyclone fencing or wire mesh securely attached to poles driven
Planning Commission Resolution No. 4053
PLN2012-54 - 307 Orchard City Drive -Tree Removal Permit
Paae 3
into the ground shall be installed around the drip line of the tree. All trimming or branch
removal from protected trees shall be completed by a certified arborist. The tree
protection plan shall be submitted to the Planning Division for review and approval by
the Community Development Director prior to the issuance of building permits.
PASSED AND ADOPTED this 27t"day of March, 2012, by the following roll call vote:
AYES: Commissioners: Alster, Gibbons, Resnikoff, Reynolds and Roseberry
NOES: Commissioners: Brennan and Ebner
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None f /'~' /'
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APPROVED. ~:~ ~~~ ~; .~ ;~~ ~~ ~ s~ ~'"
Theresa Alster, Chair
ATTEST:
Kir einrichs Secretary