PC Res 4144RESOLUTION NO. 4144
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A TREE REMOVAL
PERMIT (PLN2013-202) TO ALLOW THE REMOVAL OF 21 PALM
TREES ON PROPERTY LOCATED AT 1875 S. BASCOM
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.
After due consideration of all evidence presented, the Planning Commission did find as
follows with respect to file numbers PLN2013-202:
Evidentiary Findings
1. The proposed Tree Removal Permit is consistent with the C-2 (General Commercial)
Zoning District and the General Commercial General Plan land use designation of the
property.
2. The project will include the removal of twenty-one (21) protected trees due to their
required maintenance.
3. Twenty-one (21) 24-inch box replacement trees will be required, 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.
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 ongoing need for maintenance.
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. 4144
PLN2013-202 - 1875 S. Bascom Avenue -Tree Removal Permit
Page 2
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tree
Removal Permit (PLN2013-202) to allow the removal of 21 palm trees property located at
1875 S. Bascom 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 twenty-one (21) Palm trees on the property located at 1875 S. Bascom Avenue as
shown by the Tree Removal Plan (P. L0.0) in the set of project plans. This permit shall
be valid only in conjunction with the approved Site and Architecture Permit (PLN2013-
201). 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 at least twenty-one
(21) Western Redbud trees (minimum 24-inch box size) will be 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 #22: The palm tree labeled #22 on the plans received on February 12t", 2014,
shall be preserved.
PASSED AND ADOPTED this 25t" day of March, 2014, by the following roll call vote:
AYES: Commissioners: Finch, Resnikoff, and Reynolds
NOES: Commissioners: Kendall
ABSENT: Commissioners Dodd and Rich
ABSTAIN: Commissioners: None
f APPROVED: ~ `-'~ '`~~`~~
~~ Paul Resnikoff, Chair
ATTEST:
Pa K rmoyan, Secretary