PC Res 4483RESOLUTION NO. 4483
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING AN APPEAL (PLN2019-010)
AND UPHOLDING THE COMMUNITY DEVELOPMENT
DIRECTOR'S DENIAL OF A TREE REMOVAL PERMIT (PLN2018-
396) FOR THE REMOVAL ' OF TWO (2) CEDAR TREES ON
PROPERTY LOCATED AT 1875 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 number PLN2019-010:
1. The property is zoned C-2 (General Commercial) and currently developed with a
shopping center and hotel.
2. Two (2) existing cedar trees located in the parking lot of the hotel require approval of a
Tree Removal Permit to remove.
3. The applicant submitted a Tree Removal Permit application to remove six (6) trees
including the two (2) cedar trees on December 14, 2018, which was denied for the
cedar trees on January 4, 2019.
4. The applicant submitted an Appeal application to request removal of the two (2) cedar
trees on January 14, 2019 due to a danger of falling.
5. The application _states while the trees' canopies are healthy, the small planter size
impacts the structural integrity of the roots and makes the roots more susceptible to rot,
and therefore removal of the cedar trees is necessary as a preventative action.
6. A tree within a small or narrow planter is a condition that exists throughout the City in
parking lots and along streets with a low failure rate.
7. Pursuant to Campbell Municipal Code Section 21.32.080, Finding No.1 (Diseased or
Danger of Falling) applies when a tree is diseased or presents a danger of falling that
cannot be controlled or remedied through reasonable preservation and/or preventative
procedures and practices such that the public health or safety requires its removal.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The application does not demonstrate that the two (2) cedar trees present a danger of
falling that cannot be controlled or remedied through reasonable preservation and/or
preventative procedures and practices such that the public health or safety requires
their removal.
2. The project qualifies as a . Statutorily Exempt project under Section 15270 of the
California Environmental Quality Act (CEQA) pertaining to projects which a public
agency disapproves.
Planning Commission Resolution No. 4483 Page 2 of 2
PLN2019-010 — 1875 S. Bascom Avenue
Appeal of a Tree Removal Permit Denial
THEREFORE, BE IT RESOLVED that the Planning Commission denies an Appeal
(PLN2019-010) and upholds the Community Development Director's denial of a Tree
Removal Permit (PLN2018-396) to allow removal of two (2) cedar trees on property
located at 1875 S. Bascom Avenue.
PASSED AND ADOPTED this 26th day of February, 2019, by the following roll call vote:
AYES: Commissioners: Ching, Hernandez, Hines, Krey, Ostrowski, and Rich
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners: Rivlin
APPROVED:!L
Jo Ile Hernandez, Chair
ATTEST:
Paul Kermoyan, Secretary