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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 /'~' /' ~/ __ C .` APPROVED. ~:~ ~~~ ~; .~ ;~~ ~~ ~ s~ ~'" Theresa Alster, Chair ATTEST: Kir einrichs Secretary