PC Res 3554
RESOLUTION NO. 3554
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROV AL OF A TREE
REMOV AL PERMIT (PLN2004-20) TO ALLOW THE REMOV AL OF
FOUR PROTECTED TREES ON PROPERTY OWNED BY MIKE
DUDAS AND MELANY MOORE-DUDAS LOCATED AT 1865 S.
WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MICK DUDAS AND MELANY
MOORE-DUDAS. FILE NO. PLN2004-11.
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 PLN2004-20:
1. The proposed Tree Removal Permit is consistent with the Central Commercial General Plan
land use designation and P-D (Planned-Development) Zoning District. And the provisions of
the Tree Preservation Ordinance.
2. The project will allow the removal of four protected trees because their location would
prohibit the construction of the new buildings due to their central location and their poor
structural condition.
3. The four proposed 24-inch box replacement trees are in equivalent to 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.
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.
Planning Commission Resolution No. 3554
PLN2004-20 - 1865 S. Winchester Boulevard- Tree Removal Permit
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Tree Removal Permit (PLN2004-20) to allow the removal of four protected trees on
property owned by Mick Dudas and Melany Moore-Dudas located at 1865 S. Winchester
Boulevard, 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
four protected tree at 1865 S. Winchester Blvd. This permit shall be valid only in
conjunction with the approved Planned Development Permit (PLN2004-16).
2. Replacement Trees: Four 24-inch box size trees shall be required as replacement for the four
protected trees to be removed. 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. The proposed replacement trees shall continue the diversity of tree species
found in the community.
PASSED AND ADOPTED this 13th day of April, 2004, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha
and Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
ATTEST:
APPROVED
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