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PC Res 4072RESOLUTION NO. 4072 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2012-100) TO ALLOW THE REMOVAL OF TWO PROTECTED TREES ON PROPERTY LOCATED AT 125 S. SAN TOMAS AQUINO ROAD. APPLICATION OF ARCADIA HOMES, INC. FILE NO: PLN2012- 100. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to File No. PLN2012-100: 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 2. The proposed Tree Removal Permit is consistent with the proposed Low-Medium Density Residential General Plan land use designation and the proposed P-D (Planned Development) Zoning District. 3. The project will include the removal of two protected trees due to their location, which would prohibit the construction of the new residential buildings. 4. The proposed new landscaping shown on the proposed landscape plan is 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 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. Planning Commission Resolution No. 4072 PLN2012-100 - 125 S. San Tomas Aquino Road -Tree Removal Permit Page 2 THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN2012-100) to allow the removal of two protected trees on property located at 125 S. San Tomas Aquino Road, subject to the attached Conditions of Approval (attached Exhibit "A"). Where approval by the Director of Community Development, 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. PASSED AND ADOPTED this 22~d day of May, 2012, by the following roll call vote: AYES: Commissioners: Alster, Resnikoff, Reynolds and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Brennan, Ebner and Gibbons ABSTAIN: Commissioners: None APPROVED: ~_- ~.~ Theresa Alster, Chair ATTEST: Paul K r oyan, Secretary Conditions of Approval Exhibit A Tree Removal Permit PLN2012-100 - 125 S. San Tomas Aquino Road - Page 1 Where approval by the Director of Community Development, 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. PLANNING DIVISION 1. Approved Permit: Approval is granted for a Tree Removal Permit (PLN2012-100) to allow the removal of two (2) protected trees on property located at 125 S. San Tomas Aquino Road. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2011-255) and Tentative Vesting Subdivision Map (PLN2012-256). 2. Time of Removal: The protected trees shall be removed in conjunction with demolition of existing on-site structures.