PC Res 4338RESOLUTION NO. 4338
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BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TREE REMOVAL PERMIT (PLN2015-335) TO REMOVE ON-
SITE PROTECTED TREES AS PART OF THE PRUNEYARD
SHOPPING CENTER AND EXPANSION PROJECT ON
PROPERTY LOCATED AT 1875, 1887, 1901, 1919, 1995, &
1999 S. BASCOM 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. PLN2015-335:
Environmental Finding
An Initial Study has been prepared for the Pruneyard Shopping Center and Offices
Expansion Project ("Proposed Project") which provides documentation for the factual
basis for concluding that a Mitigated Negative Declaration may be adopted since no
substantial evidence exists, in light of the whole record, that the project may have a
significant effect on the environment.
Evidentiary Findings
The Project Site is The Pruneyard Shopping Center and Offices, a 27 acre multi-use
property encompassing three .professional office ,buildings, ahotel, amulti-building
retail shopping center, and amulti-level parking garage. The property is bounded by
Bascom and Campbell Avenues to the east and south, Highway 17 to the west, and the
Pruneridge Plaza Apartments and the Campisi Way terminus to the north.
2. The Proposed Project includes a Zoning Map Amendment (PLN2015-357), a Master
Use Permit (PLN2015-358), a Vesting Tentative Parcel Map (PLN2015-77), a Tree
Removal Permit (PLN2015-335), a Master Sign Plan (PLN2015-78), and a Zoning
Code Amendment (PLN2015-76). _
3. The Proposed Project would allow construction of several retail buildings, afive-story
office building, expansion of the existing parking garage, renovation of existing retail
buildings, creation/expansion of public plaza areas, improved pedestrian/bicycle
connections, and modified vehicular circulation.
4. The extent of the Proposed Project necessitates removal of certain trees, which would
otherwise severely impede the proposed building construction and site improvements.
5. The Tree Removal and Preservation Plan and Tree Inventory prepared for the
Proposed Project (within Sheets L2.0, L2.1, and L2.2 of the project plans) indicates
removal 145 trees.
Planning Commission Resolution No. 4338 Page 2
Recommending Approval of a Tree Removal Permit
6. Thirty-one of these trees will require approval of a Tree Removal Permit pursuant to the
City's Tree Protection Ordinance (CMC Ch. 21.32) which classifies as "protected" any
tree measuring 12-inches in diameter or greater and any tree (irrespective of size)
required by apreviously-approved landscape plan. As required by the ordinance, all
protected trees must be replaced at a one-to-one ratio. However, most of the trees to
be removed are not protected due to their species (e.g., Olive trees) or because the
City's records cannot definitively identify them as being required by a past landscaping
plan.
7. The Mitigated- Negative Declaration requires replacement of all trees, irrespective of
protected status or size, pursuant to Mitigation Measure 810-1, herein incorporated as
a Condition of Approval. "
8. The proposed replacement trees will be a sufficient replacement for the trees 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:
The retention of the trees 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 acid 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 (PLN2015-335) to allow the removal of on-site protected trees, for
The Pruneyard Shopping Center and Offices, located at 1875, 1887, 1901, 1919, 1995, &
1999 S. Bascom Avenue, subject to the attached Conditions of Approval (attached
Exhibit A).
PASSED AND ADOPTED this 13th day of September, 2016, by the following roll call vote:
AYES: Commissioners: Bonhagen, Dodd, Hernandez, "Reynolds, Young, and
Kendall
NOES: Commissioners:
ABSENT: Commissioners: Rich
ABSTAIN: Commissioners:
APPROVED:
ATTEST:
Paul Kermo~an, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Tree Removal Permit (PLN2015-335)
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.
1. Approved Permit: Approval is granted for a Tree Removal Permit (PLN2015-335) to
allow the removal of 145 trees, including 31 "protected" trees as indicated on the Tree
Removal and Preservation Plan (Sheet L2.0) and the Tree Inventory (Sheets L2.1 and
L2.2) of the Revised Project Plans, dated received by the Planning Division on April 29,
2016. This permit shall be valid only in conjunction with, and subject to, the approved
_, Master Use Permit (PLN2015-358).
2. Time of Removal: Removal of trees shall be performed in accordance with the
approved phasing plan, as specified by the Master Use Permit.
3. Mitigation Measures: The following measures shall be implemented:
• Mitigation Measure BIO-7: If tree removal or ground disturbance activities are
scheduled to commence during the breeding season (February 1st through
August 31 st), apre-construction nesting bird survey shall be conducted 'by a
qualified biologist to identify possible nesting activity of protected or special-
status birds within 15 days prior to such activities. If nesting activity is identified
during the survey, aconstruction-free buffer of suitable dimensions must be
established around any active raptor and migratory bird nest (up to 250 feet,
depending on the location and species) for the duration of the project, or until it
has been determined that the chicks have fledged and are foraging
independently from their parents. __
• Mitigation Measure BIO-2: All trees to be removed shall be replaced as noted
by the following table. The required replacement trees, of species to be
approved by the Community Development Director, shall be specifically
indicated on the final landscaping plan submitted in association with site
improvement drawings:
Trunk Size of Removed Tree.,:-
measu~red~.at~ 4 feet~above grade °` Replacement Ratio Required
=(per tree removed) ~~
D-iameter (in-inches) N'urnber of ' s
replacement trees Minimum Size
~ ~~ e
Less than 12 1 5-gallon
12 to 24 1 24 inch box
greater than 24 1 36 inch box