PC Res 4117RESOLUTION N0. 4117
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A TREE REMOVAL
PERMIT (PLN2013-246) TO ALLOW THE REMOVAL OF TWO
ASH TREES TO ALLOW THE CONSTRUCTION OF A 2,633
SQUARE FOOT BUILDING TO EXPAND AN EXISTING
COMMERCIAL DAYCARE CENTER ON PROPERTY LOCATED
AT 70 S. SAN TOMAS AQUINO ROAD.
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. PLN2013-246.
1. The project will include the removal of two protected trees due to their location, which
would prohibit the construction of the new commercial structure.
2. Alternate placement of the proposed commercial structure to preserve the trees
would reserve in undesirable or unsafe site configuration.
3. As a condition of approval, the project will include planting of two 24-inch box trees.
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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tree
Removal Permit (PLN2013-246) to allow the removal of two Ash trees to allow the
construction of a 2,633 square foot building to expand an existing commercial daycare
center on property located at 70 S. San Tomas Aquino Road.
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 Commission Resolution No. 4117
PLN2013-246- 70 S. San Tomas Aquino Road -Tree Removal Permit
Page 2
Approved Permit: Approval is granted for a Tree Removal Permit (PLN2013-246) to
allow the removal of two (2) Ash trees on property located at 70 S. San Tomas
Aquino Road. This permit shall be valid only in conjunction with the Conditional Use
Permit Modification with Site and Architectural Review (PLN2013-205) and a Parking
Modification Permit (PLN2013-266).
2. Time of Removal: The protected trees shall only be removed only upon
commencement of construction of the approved commercial building.
3. Replacement Required: The construction drawings for the approved commercial
daycare building shall indicate planting of two 24-inch box trees of a species
approved by the Community Development Director.
PASSED AND ADOPTED this 8t" day of October, 2013, by the following roll call vote:
AYES: Commissioners: Dodd, Kendall, Resnikoff, Reynolds, Rich and Rosebei-ry
NOES: Commissioners: None
ABSENT: Commissioners Finch
ABSTAIN: Commissioners: None
APPROVED:
Philip C. Reynolds, Jr., Chair
ATTEST
ki Honda Snelling, Acting Secretary