PC Res 4256RESOLUTION NO. 4256
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TREE REMOVAL PERMIT (PLN2015-173) TO ALLOW THE
REMOVAL OF AN OAK TREE ON PROPERTY LOCATED AT
240 DILLON 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. PLN2015-173:
Environmental Finding
1. Based on the proposed revised project description, the environmental review prepared
for the Infill Environmental Checklist/Mitigated Negative Declaration, and a
supplemental analysis, the City has concluded that the proposed revised project would
not result in any new significant impacts not previously disclosed in the adopted Infill
Environmental Checklist/Mitigated Negative Declaration nor would it result in a
substantial increase in the magnitude of any significant environmental impact
previously identified in the Infill Environmental Checklist/Mitigated Negative
Declaration. For these reasons, an addendum to the adopted Infill Environmental
Checklist/Mitigated Negative Declaration for the revised Dillon Avenue Townhomes
and Apartments Project has been prepared and a supplemental or subsequent
Environmental Impact Report or Infill Environmental Checklist/Mitigated Negative
Declaration is not required for the proposed revised project.
Evidentiary Findings
1. At its meeting of November 3, 2014, the City Council adopted Ordinance No. 2185
approving a Planned Development Permit for a planned residential development
consisting of 81 townhome units (fee title ownership), 19 apartment (rental) units, and
associated on- and off-site improvements. The Planned Development Permit was
approved subject to a Tentative Vesting Subdivision Map approved by Resolution No.
11736 on October 21, 2014.
2. The proposed Modification would allow incorporation of three additional properties into
the project (less than '/2 acre), allowing the addition of nine townhomes and nine
apartment units, increasing the total unit count from 100 to 118.
3. One of the additional properties contains a Coast Live Oak. A suitability assessment
was prepared by a certified arborist for the project determined that the "tree is in fair
condition but poorly suited for preservation. The conditions and defects the tree
processes cannot be reasonably mitigated without extensive intervention over a long
period of restaration pruning."
4. The project includes demolition of all structures and re-grading of the property to the
extent that retention of the existing trees would not be feasible or practical. As a result,
the removal of trees is necessary for development of the project.
Planning Commission Resolution No. 4256 Page 2
Recommending Approval of a Tree Removal Permit
File No.: PLN2015-173
5. The proposed replacement trees will be a sufficient replacement for the tree 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 tree 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.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of
a Tree Removal Permit (PLN2015-173) to allow removal of an Oak Tree, subject to the
attached recommended Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 27th day of October, 2015, by the following roll call vote:
AYES: Commissioners: Bonhagen, Finch, Kendall, and Rich, Dodd and Young
NOES: Commissioners: Reynolds
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
r
APPROVED:
Pamela Fin , C air
ATTEST:
n, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Tree Removal Permit (PLN2015-173)
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
1. Approved Permit: Approval is granted for a Tree Removal Permit (PLN2015-173) to
allow the removal of an Oak Tree on property located at 240 Dillon Avenue. This
permit shall be valid only in conjunction with the approved Modified Planned
Development Permit (PLN2015-170) and Modified Tentative Vesting Subdivision Map
(PLN2015-171).
2. Previous Approval: The approval herein shall be considered in addition to the previous
Tree Removal Permit (PLN2014-191) approved by City Council Resolution No. 11737.
3. Time of Removal: The protected tree shall be removed in conjunction with demolition of
existing on-site structures, subject to the mitigation measures incorporated into the
conditions of approval for the Modified Vesting Tentative Subdivision Map.