PC Res 4273RESOLUTION NO. 4273
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A TREE REMOVAL
PERMIT (PLN2015-332) TO ALLOW REMOVAL A BLACK
WALNUT TREE ON PROPERTY LOCATED AT 1980
HAMILTON AVENUE. FILE NO.: PLN2015-332
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. PLN2015-332:
1. The project site is located along Hamilton Avenue, between Leigh and Phantom
Avenues.
2. The project site is zoned P-F (Public Facilities) as shown on the Campbell Zoning Map
3. The project site is designated Institutional as shown on the Campbell General Plan
Map.
4. The project site is surrounded by single-family residential and office uses.
5. The project site owned and improved by the First Congregational Church of San Jose,
including the Church's sanctuary, assembly hall, administrative offices, and school
rooms.
6. The proposed project, comprised of development applications for a Conditional Use
Permit with Site and Architectural Review (PLN2015-248), Parking Modification Permit
(PLN2015-361), and Tree Removal Permit (PLN2015-332), would allow construction of
an approximately 4,000 square-foot classroom building and an increase in student
capacity from 120 to 150 children.
7. A 22-inch (DBH) walnut tree is located in the location of the proposed classroom
building.
8. Retention of the tree would result in an undesirable site placement of the proposed
classroom building and limit future development opportunities of the property.
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 tree due to the
number of sitE~ constraints of the infill site.
Planning Commission Resolution No. 4273
PLN2015-332 -Tree Removal Permit
Carden Dav School
Page 3 of 2
2. The project is Categorically Exempt under Section 15314 of the California
Environmental Quality Act (CEQA) which exempts from environmental review
expansions o~f existing private schools, constructed within existing school grounds,
where the expansion does not increase student capacity by more than 25% or ten
classrooms, whichever is less, as well under Section 15303 (c) pertaining to the
construction of new buildings not exceeding 10,000 square feet in urbanized areas.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tree
Removal Permit {PLN2015-332), subject to the attached Conditions of Approval (attached
Exhibit A).
PASSED AND ADOPTED this 26th day of January, 2016, by the following roll call vote:
AYES: Cornmissioners: Bonhagen, Finch, Kendall, Dodd, Reynolds and Young
NOES: Cornmissioners: None
ABSENT: Cornmissioners: Rich
ABSTAIN: Cornmissioners: None
ATTEST:
Cynt~~Dodd, Chair
VED:
Paul k;ermoyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Tree Removal Permit (PLN2015-332)
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
Approved Permit: Approval is granted for a Tree Removal Permit (PLN2015-361) to
allow the removal of one Black Walnut tree as shown in the Tree Removal Exhibit,
dated as received by the Planning Division on October 28, 2015, on property located. at
1980 Hamilton Avenue. This permit shall be valid only in conjunction with the
associated Conditional Use Permit (PLN2015-248).
2. Time of Removal: The tree shall only be removed only upon commencement of
construction of the approved building and site improvements.
3. Replacement Required: The landscaping plans included in the construction drawings
for a building permit shall indicate planting one (1) 24-inch box tree. The Community
Development Director shall determine the species of the replacement trees.