PC Res 3591
RESOLUTION NO. 3591
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A TREE REMOVAL PERMIT
(PLN2004-45) TO ALLOW THE REMOVAL OF ONE PROTECTED
TREE ON PROPERTY OWNED BY KEN AND CHRIS CAMPBELL
LOCATED AT 1440 JUANITA WAY IN AN R-I-IO (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. KEN
GRIDLEY, ON BEHALF OF KEN AND CHRIS CAMPBELL. FILE NO.
PLN2004-45.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2004-45:
1. The proposed Tree Removal Permit is consistent with the R-I-I0 (Single-family Residential)
zoning designation and the General Plan Low Density Residential designation.
2. The proposed tree replacement requirement of one 24-inch box size tree is consistent with the
requirements of the Tree Protection Ordinance.
3. The proposed replacement tree will be a sufficient replacement for the Cedar tree to be
removed and shall continue the diversity of tree species found in the community.
4. According to the Arborist's Report it is in poor structural condition because it has been
topped and the main leader removed in the past, resulting in branches that are weakly
attached to the tree and may be vulnerable to failure in future years.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The Deodar Cedar tree is in poor health, and the applicant has demonstrated to the
satisfaction of the Planning Commission that this danger cannot be controlled or remedied
through reasonable preservation and/or preventative procedures and practices.
2. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants a Tree Removal
Permit (PLN2004-45) to allow the removal of one protected tree (Cedar) on property owned by
Ken and Chris Campbell located at 1440 Juanita Way, subject to the following conditions:
Planning Commission Resolution No. 3591
PLN2004-45 -1440 Juanita Way- Tree Removal Permit
Page 2
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
Planning Division:
1. Approved Permit: Approval is granted for a Tree Removal Permit (PLN2004-45) to allow the
removal of one (1) Deodar Cedar tree at 1440 Juanita Way. This permit shall only be valid in
conjunction with an approved Site and Architectural Review Permit (PLN2004-104).
2. Replacement of Removed Tree: In addition to the one tree required under Site and
Architectural Review Permit No. PLN2004-104, one (1) 24-inch box size tree shall be
required as a replacement for the Deodar Cedar tree at 1440 Juanita Way. The location and
species of this tree shall be shown on the Site Plan that shall be reviewed by the Planning
Division, prior to the issuance of building permits, for review and approval by the
Community Development Director. The replacement tree shall be installed prior to the
issuance of a Certificate of Building Occupancy.
PASSED AND ADOPTED this 1th day of October, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN :
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Gibbons, Hernandez and Roseberry
None
Francois and Rocha
None
APPROVED:~
ì!!t.. Ge g~ D~orley, Chair <,,-
ATTEST: ~ ~
- haron Fierro, Secretary