PC Res 4063RESOLUTION NO. 4063
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE
REMOVAL PERMIT (PLN2011-314) TO ALLOW THE REMOVAL OF
66 PROTECTED TREES ON PROPERTY LOCATED AT 1677 S.
BASCOM AVENUE. FILE NO.: PLN2011-314.
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 PLN2011-314:
Environmental Finding
1. A Mitigated Negative Declaration has been prepared for this project concluding that
there are no significant unmitigated impacts associated with this project, pursuant to the
California Environmental Quality Act (CEQA).
Evidentiary Findings
1. The proposed Tree Removal Permit is consistent with the Commercial/Professional
Office/Residential General Plan land use designation and P-D (Planned Development)
Zoning District.
2. The project will include the removal of sixty-six (66) protected private trees because they
would prohibit the construction of the new development and the installation of the new
utilities.
3. The planting of over seventy-two (72) 24-inch box replacement trees is consistent with
the tree replacement requirements of the Tree Protection Regulations.
4. 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 restricts the economic enjoyment of the property and creates
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 the number of site
constraints of the infill site.
2. 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.
Planning Commission Resolution No. 4063
PLN2011-314 - 1677 S. Bascom Avenue -Tree Removal Permit
Paae 2
3. 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 recommends approval of
a Tree Removal Permit (PLN2011-314) to allow the removal of 66 protected trees on
property located at 1677 S. Bascom Avenue.
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
sixty-six (66) protected trees on property located at 1677 S. Bascom Avenue. This
permit shall be valid only in conjunction with the approved Planned Development Permit
(PLN2011-312). 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 a indicate that sixty-six
(66) of the seventy-five (75) trees are being planted as replacement trees pursuant to
the tree removal permit approved herein. All trees planted on site shall be at least 24-
inch box in size. 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.
PASSED AND ADOPTED this 24`h day of April, 2012, by the following roll call vote:
AYES: Commissioners: Alster, Brennan, Resnikoff, Reynolds and Roseberry
NOES: Commissioners: Ebner
ABSENT: Commissioners: Gibbons
ABSTAIN: Commissioners: None ; f '
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APPROVED:
e esa Alster, Chair
ATTEST:
Ki inrich ,Secretary