PC Res 4265RESOLUTION NO. 4265
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT
(PLN2015-316) LOCATED AT 1443 HARRIET 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. PLN2015-316:
1. The project site is zoned R-1-9 (Single Family Residential) on the City of Campbell
Zoning Map.
2. The project site is designated Low-Density Residential (3.5 units/gr. acre) on the City
of Campbell General Plan Land Use diagram.
3. The property is within the San Tomas Area Neighborhood Plan.
4. The project site is located on the west side of Harriet Avenue, north of Van Dusen
Lane.
5. There are a total of eight (8) trees on the property, comprised of a mixture of
exotic/imporl:ed trees and one native coast live oak.
6. The Incense Cedar tree (22.6 dbh) located in the front yard is considered a protected
tree pursuant to Campbell Municipal Code (CMC) Section 21.32 (Tree Protection
Regulations).
7. The new two-story home would result in a conflict with the existing Incense Cedar
Tree.
8. The project arborist noted that the condition as having "fair vigor, poor form, topped,
leans to the north toward the neighbor's property, 5 feet from home, 2 feet from
driveway".
9. Removal of the tree is consistent with Campbell Municipal Code Section
21.32.080(A;I(2) which allows approval of a tree removal permit when the tree may
imminently cause significant damage to the existing main structure(s) that cannot be
controlled or remedied through reasonable modification of the tree's root or branch
structure.
10. The Site and Architectural Review Committee had reviewed the request for a tree
removal at its meeting of November 24, 2015, and found that the tree meets the
criteria for removal.
Based upon thE~ foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 4265
PLN2015-316 -Tree Removal Permit
1443 Harriet Avenue
Page 2 of 2
11. Based upon a review of the application documents the required findings for approval
have been met and the application is approved.
12. The approval is Categorically Exempt Categorically Exempt under Section 15304
(Class 4) of the California Environmental Quality Act (CEQA) pertaining to minor
alterations in landscaping.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tree
Removal Permit (PLN2015-316), subject to the attached recommended Conditions of
Approval (attached Exhibit A).
PASSED AND ADOPTED this
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
8th day of December, 2015, by the following roll call vote:
Bonhagen, Finch, Kendall, Rich, Dodd, Reynolds and
Young
None
None
None
APPROVED:
Pamela Finch, Chair
ATTEST:
Paul Kermoyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Tree Removal Permit (PLN2015-316)
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 witl-i 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
l . Approved Project: Approval is granted for a Tree Removal Permit (PLN2015-316) to remove
a 22.6-inch (dbh) cedar tree located in the front yard of the subject property.
2. 'Tree Replacement: The applicant shall plant one (1) 24-inch box tree somewhere on the
above referenced property. Replacement species may be selected by the applicant but may not
include fruit trees or Eucalyptus trees. The replacement tree shall be planted within 30 days of
the effective date of this approval, 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 tree shall not be removed until all conditions of the
permit have been satisfied and the decision has become final.