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PC Res 4223RESOLUTION NO. 4223 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2015-182) TO ALLOW THE REMOVAL OF ONE PALM TREE, ON PROPERTY LOCATED AT 2855 S. WINCHESTER BOULEVARD. FILE NO: PLN2015-182 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 number PLN2015-182: 1. The project site is zoned C-2 (General Commercial) on the City of Campbell Zoning Map. 2. The project site is designated General Commercial on the City of Campbell General Plan Land Use Map. 3. The project site is located at the southwest corner of Sunnyoaks Avenue and Winchester Boulevard. 4. The proposed Tree Removal Permit to allow removal of one Palm tree is submitted in association with an application fora Modification (PLN2014-330) to the existing Conditional Use Permit (PLN2008-54) to allow installation of a hydrogen fuel dispensing facility within the existing Valero service station. 5. The palm tree is located in the proposed location for the fueling dispenser. 6. The palm tree is not a "healthy, mature, scenic tree" under CEQA as it neither presents the girth, structure, or heritage to be considered a scenic resource. 7. There is no viable configuration alternative for the proposed facility that would allow retention of the Palm tree. 8. As conditioned, the project will provide one 24-inch box tree as a replacement tree. 9. The proposed replacement tree will be sufficient to 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: 10. The retention of the tree 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 Punning CoiiimiSSioii that there are no reasonable alternatives to preserve the tree due. 11. Removal of the tree is Categorically Exempt under Section 15304, Class 4 of the California Environmental Quality Act (CEQA) pertaining to minor landscaping changes. Planning Commission Resolution No. 4223 2855 S. Winchester Blvd. - Approving a Tree Removal Permit Paae 2 of 2 THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tree Removal Permit (PLN2015-182) to allow the removal of one Palm Tree, on property located at 2855 S. Winchester Boulevard, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 14th day of July, 2015, by the following roll call vote: AYES:. Commissioners: Finch, Kendall, Bonhagen, and Young NOES: Commissioners: None ABSENT: Commissioners Reynolds, Dodd, and Rich ABSTAIN: Commissioners: None ~' ~ ~ APPROVED: ~~'~~~ / Pamela Finch, Chair ATTEST: Paul KerMoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Tree Removal Permit (PLN2015-182) 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 (PLN2015-182) to allow the removal of one Palm tree as shown on Sheet Z-3 of the Revised Project Plans stamped as received by the Planning Division on June 23, 2015. This permit shall be valid only in conjunction with the approved Modification (PLN2014-330) to the Conditional Use Permit (PLN2008-54): 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 one 24-inch box tree (minimum 24-inch box size) as being planted as replacement trees pursuant to the Tree Removal Permit approved herein. The location and species of the tree 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.