PC Res 4122RESOLUTION NO. 4122
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT
(PLN2013-292) TO REMOVE FOUR TREES ON PROPERTY
LOCATED AT 1940 HAMILTON AVENUE.
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. PLN2013-292:
Environmental Finding
1. The project qualifies as a Categorically Exempt project per Section 15301 Class 1 of
the California Environmental Quality Act (CEQA) pertaining to minor alterations to an
existing private structure, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination.
Evidentiary Findings
1. The proposed Tree Removal Permit is consistent with the Professional Office General
Plan land use designation and P-O (Professional Office) Zoning District.
2. The project will include the removal four protected trees (12-inch Ash, 14-inch Oak, 24-
inch Pine, and 16-inch Brisbane Box) that would be impacted by the installation of new
commercial parking area hardscape. The design and location of the commercial
parking area have been proposed to minimize the need for tree removal. All other
onsite trees would remain.
3. Four 24-inch box replacement trees will be required, consistent with the tree
replacement requirements of the Tree Protection Regulations.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The retention of the trees would restrict the economic enjoyment of the property and
create 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 their proximity to the existing and development hardscape improvements.
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. 4122
PLN2013-292- 1940 Hamilton Avenue -Tree Removal Permit
Page 2
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tree
Removal Permit (PLN2013-292) to allow the removal of four trees on property located at
1940 Hamilton Avenue
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:
Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal
of four protected private trees, as shown on sheet Al of the revised project plans,
dated as received on October 2, 2013 on property located at 1940 Hamilton Avenue.
This permit shall be valid only in conjunction with the approved Conditional Use Permit
(PLN2013-186). 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 that four new private
trees (minimum 24-inch box size), are being planted as replacement trees pursuant to
the tree removal permit approved herein. 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.
3. 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.
Planning Commission Resolution No. 4122
PLN2013-292- 1940 Hamilton Avenue -Tree Removal Permit
Page 3
PASSED AND ADOPTED this 12th day of November, 2013, by the following roll call vote
AYES: Commissioners: Dodd, Finch, Resnikoff, Reynolds, Rich and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners Kendall
ABSTAIN: Commissioners: None
'1
APPROVED
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ATTEST: ~_ ~ ~~ ~ ~--_~
Paul Ker~noyan, Secretary
Philip C. Reyn s, Jr., Chair