PC Res 4135RESOLUTION NO. 4135
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TREIE REMOVAL PERMIT (PLN2013-146) TO ALLOW THE
REMOVAL OF 12 TREES TO ALLOW THE CONSTRUCTION
OF 18 RESIDENCES ON PROPERTY LOCATED AT 45-81
KENNEDY 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. PLN2013-146.
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 Medium Density Residential
General Plan land use designation and the P-D (Planned Development) Zoning District.
3. The project will include the removal of 12 protected trees due to their location, which
would prohibit the construction of the new residential buildings.
4. Twelve (12) ;?4-inch box replacement trees will be required, 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 protected 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.
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 arrd the impacts of the project.
Planning Commission Resolution No. 4135
PLN2013-146- 45-81 Kennedy Ave -Recommending Approval of a Tree Removal Permit
Page 2
THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of
a Tree Removal Permit (PLN2013-146) to allow the removal of 12 trees to allow the
construction of 1~8 residential units on property located at 45-81 Kennedy 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:
1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal
of twelve (12) protected trees on property located at 45-81 Kennedy Avenue. This
permit shall ibe valid only in conjunction with the approved Planned Development
Permit (PLN2013-006). 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 a indicate that at least
twelve (12) 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.
PASSED AND ADOPTED this 28th day of January, 2014, by the following roll call vote
AYES: Cornmissioners: Dodd, Finch, Kendall, Resnikoff, Reynolds, and Rich
NOES: Cornmissioners: None
ABSENT: Commissioners None
ABSTAIN: Cornmissioners: Roseberry
~ APPROVED: /~ ~ ~ °1 ~
;ir r,J ~~ Paul Resnikoff, Chair
~" 1~r
ATTEST:
Paul Kerm an, Secretary