PC Res 3566
RESOLUTION NO. 3566
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A TREE REMOV AL PERMIT
(PLN2004-26) TO ALLOW THE REMOVAL OF 51 PROTECTED
TREES ON PROPERTY OWNED BY LYNN A. BUZOLICH ET AL
LOCATED AT 525 E. HAMILTON AVENUE IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR.
STEPHAN SCHMIDT, ON BEHALF OF THE BERGMAN
COMPANIES. FILE NO. PLN2004-26.
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 PLN2004-26:
1. The proposed Tree Removal Permit is consistent with the General Commercial General Plan
land use designation and C-2-S (General Commercial) Zoning District.
2. The project will include the removal fifty-one protected trees (not including Trees No.2 and
3 identified in the Arborist Report) because they would prohibit the construction of the new
buildings and the installation of the new utilities.
3. The four 36-inch box size accent trees, seventy-one 24-inch box shade trees, thirty-five 24-
inch box evergreen accent trees, twenty-two IS-gallon parking lot trees, seventy-two 15-
gallon perimeter and island parking lot trees, thirty-six 15-gallong perimeter screening trees,
and thirty-four IS-gallon street trees are 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.
5. 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).
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. 3566
PLN2004-26 - 525 E. Hamilton Avenue - Tree Removal Permit
Page 2
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.
3. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tree
Removal Permit (PLN2004-26) to allow the removal of 51 protected trees on property owned by
Lynn A. Buzolich et allocated at 525 E. Hamilton Avenue in an C-2-S (General Commercial)
Zoning District, subject to the following conditions:
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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of
fifty-one protected trees on property located at 525 E. Hamilton Avenue. This tree removal
permit shall be valid only in conjunction with an approved Site and Architectural Review
Permit.
2. Replacement Trees: Four 36-inch box size accent trees, seventy-one 24-inch box shade trees,
thirty-five 24-inch box evergreen accent trees, twenty-two IS-gallon parking lot trees,
seventy-two IS-gallon perimeter and island parking lot trees, thirty-six IS-gallon perimeter
screening trees, and thirty-four 15-gallong street trees shall be required as replacement for the
fifty-four protected trees to be removed. The quantity, 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. The proposed replacement trees shall continue the
diversity of tree species found in the community and shall be a species listed in the City's
Water Efficient Landscaping Standards (WELS).
3. Protected Trees: The applicant shall retain Tree No.2 Southern Magnolia and Tree No.3
Southern Magnolia as identified in the ISA Certified Arborist Report, prepared by Robert
Booty for the proposed project. If it is determined to be impracticable to retain the two
Southern Magnolia trees, staff will select the two alternative trees to retain in the parking
area.
Planning Commission Resolution No. 3566
PLN2004-26 - 525 E. Hamilton Avenue - Tree Removal Permit
Page 3
4. 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 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 2ih day of April, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Rocha and Roseberry
Gibbons and Hernandez
None
None
APPROVED:
Ge r
ATTEST: