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PC Res 4237RESOLUTION NO. 4237 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2015-215) FOR PROPERTIES LOCATED AT 3175 S. WINCHESTER BOULEVARD AND 471/478 CHAPMAN DRIVE. 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 the recommended approval of a Tree Removal Permit (PLN2015-215): 1. The 3175 S. Winchester property is zoned P-D (Planned Development). 2. The 471 Chapman Drive and 485 Chapman Drive properties are zoned C2 (General Commercial). 3. One-hundred thirty-one (131) trees of 24 various species are located on the three properties including 107 trees on the Winchester Boulevard property, 11 trees at 471 Chapman Drive, eight (8) trees at 485 Chapman Drive, and five (5) trees at 1252 Walnut Drive. One street tree is located behind the property on Walnut Drive within the public right-of-way. An additional 13 street trees are located in front of the property within the public right-of-way. 4. A protected tree includes any tree or multi-trunk tree on a commercial property, with at least one trunk measuring twelve inches or greater in diameter, measured four feet above the adjacent grade. 5. Nineteen protected trees, located on the subject property, are being requested for removal and require a tree removal permit. All but one of the nineteen trees has been designated by the Arborist as having a 'low' probability of surviving. The Arborist has described the other tree (tree #128) as having "dead and dying branches" at the top of the tree. 6. Removal of the 19 protected trees (one of which is greater than 24-inches in diameter) will not substantially diminish the aesthetic, environmental or economic importance of the neighborhood tree population because the applicant will replace the 19 trees with 41 trees for a total of 115 trees on the property, contributing to Campbell's small town quality and character. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 7. This project is Categorically Exempt under Section 15304 (class 4) of the California Environmental Quality Act (CEQA) pertaining to minor alterations in landscaping. Planning Commission Resolution No. 4237 Recommending Approval of a Tree Removal Permit (PLN2015-215) 3175 S. Winchester Boulevard and 471/485 Chapman Drive Page 2 of 2 THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN2015-215) for properties located at 3175 S. Winchester Boulevard and 471/485 Chapman Drive, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 25th day of August, 2015, by the following roll call vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Bonhagen, Dodd, Kendall and Young Finch, Reynolds & Rich None None r~ \ /~ APPROVED: ~~ '" ~ % l..C ~` _ Pamela Finc , C air Paul Kerr~hoyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tree Removal Permit (PLN2015-215) 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 DEPARTMENT CONDITIONS OF APPROVAL Approved Project: Approval is granted for a Tree Removal Permit (PLN2015-215) to remove 20 protected trees located on the subject property. 2. Tree Replacement: The applicant shall plant a minimum of forty-one (41) new trees in the size and quantity approved by the City Council. The replacement trees shall be planted prior to final building permit issuance, unless accepted arboricultural practices dictate a preferential planting period for the species chosen as the replacement tree. 3. Final decision/timing of tree removal: The trees shall not be removed until all conditions of the permit have been satisfied and the decision has become final. 4. Street trees. No City street tree(s) may be removed without a hearing of the Parks and Recreation Commission and approval by the City Council.