PC Res 4471RESOLUTION NO. 4471
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF. CAMPBELL RECOMMENDING APPROVAL OF A TREE
REMOVAL PERMIT (PLN2018-180) TO ALLOW REMOVAL OF ON -
SITE PROTECTED TREES ON PROPERTY 880 AND 910 HARRIET
AVENUE. FILE NO.: PLN2018-180
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 the recommended approval of a Tree
Removal Permit (PLN2018-180):
Environmental Finding
An Initial Study has been prepared for the 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 as conditioned.
Evidentiary Findings
The proposed project is application for a Zoning Map Amendment (PLN2018-177) to
rezone the project site from R-1-6 (Single -Family Residential) to P-D (Planned
Development); a Planned Development Permit (PLN2018-178) to allow construction of six
two-story single-family homes, a new private street, and associated site and landscaping
improvements; a Tentative Vesting Subdivision Map (PLN2018-179) to create six private
lots and one common lot, and associated public and private easements; and a Tree
Removal Permit (PLN2018-180) to allow removal of on -site "protected" trees.
2. The project site consists, of two parcels .located along Harriet Avenue between Elam and
Westmont Avenues.
3. The project site, is developed with two single-family residences that will be demolished as
part of the proposed project.
4. The project site abUtSr residentially zoned properties in all directions and a public assembly
to the north.
5. The project includes demolition of all structures and re -grading of the property to the extent
that retention of most existing trees would not be feasible or practical. As a result, the
removal of trees is necessary for development of the project.
6. 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.
Planning Commission Resolution No. 4471
Recommending Approval of a Tree Removal Permit
880 and 910 Harriet Avenue — File No.: PLN2018-180
Page 2 of 2
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. 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 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 (PLN2018-180) to allow removal of on -site protected trees, subject to the
attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 13th day of November, 2018, by the following roll call vote:
AYES:
Commissioners:
Ching, Hernandez, Krey, Ostrowski, Rich and Rivlin
NOES:-
Commissioners:
None
ABSENT:
Commissioners:
None
ABSTAIN:
Commissioners:
None.
APPROVED:
Michael Rich, Chair
ATTEST:
Pau Ke moyan, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Tree Removal Permit (PLN2018-180)
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 (PLN2018-180) to allow
the removal of on -site trees as indicated on Sheet C-2 (Existing Conditions and Tree
Disposition Plan) of the Revised Project Plans, dated as received by the Planning Division
on September 26, 2018, for property located at 880 and 910 Harriet Avenue. This permit
shall be valid only in conjunction with the approved Planned Development Permit
(PLN2018-178) and Tentative Vesting Subdivision Map (PLN2018-179).
2. Time of Removal: The protected tree shall be removed in conjunction with demolition of
existing on -site structures, subject to the mitigation measures specified in the Mitigated
Negative Declaration.
3. Replacement Trees: All protected tree shall be replaced at a one-to-one ratio with 24-inch
box trees to be noted with the project's landscaping plan.