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PC Res 4490RESOLUTION NO. 4490 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT IN CONJUNCTION WITH AN APPLICATION FOR A CONDITIONAL USE PERMIT MODIFICATION WITH SITE AND ARCHITECTURAL REVIEW (PLN2017-45) TO ALLOW CONSTRUCTION AND USE OF AN APPROXIMATELY 8,400 SQUARE -FOOT GYMNASIUM BUILDING AND ASSOCIATED SITE AND PARKING IMPROVEMENTS FOR AN EXISTING PRIVATE SCHOOL ON CAMPBELL UNION SCHOOL DISTRICT PROPERTY LOCATED AT 775 WALDO ROAD. FILE NO.: PLN2017-45 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 file number PLN2017-45: 1. The project site is designated Institutional on the General Plan Land Use Element Map. 2. The project site is designated P-F (Public Facilities) on the Zoning Map. 3. The project site is located at the northwest corner of Virginia Avenue and Waldo Road, within the San Tomas Area neighborhood. 4. The project site is the Campbell Union School District's former Hazelwood campus, a decommissioned public school now leased to a private entity. 5. The project site is developed with multiple buildings including two preschool buildings, six classroom buildings, a cafeteria/office, a combined library/office/chapel toward the east side of the property, play fields covering the majority of the west side of the property, and a parking lot on the south side of the property. 6. The submitted application for a Conditional Use Permit Modification with Site and Architectural Review, and associated Tree Removal Permit (PLN2018-328) would allow construction and use of an 8,400 square -foot gymnasium building on the school campus. 7. The extended parking lot area would result in the removal of four mulberry trees, only of one of which is large enough to be considered "protected" (12" in diameter or greater), as well as a 32-inch diameter Monterey pine tree that is also indicated to be removed as it would conflict with a new trash enclosure. 8. The applicant has provide an tree assessment report prepared by a certified arborist that concludes that the Pine tree is vulnerable to falling in storm conditions, a condition which cannot be remediated through pruning or other arboricultural strategies. The City Arborist reviewed the report for accuracy and concurred with its findings. Planning Commission Resolution No. 4490 775 Waldo Rd. — Canyon Heights Academy Tree Removal Permit (PLN2018-328) Page 2 of 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The tree or trees are 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. 2. The retention of the tree(s) restricts the economic enjoyment of the property or 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 approval authority that there are no reasonable alternatives to preserve the tree(s). THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tree Removal Permit (PLN2018-328) to allow removal a Mulberry and Monterey Pine tree subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 9th day of April, 2019, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Rivlin, Krey, Hines, Ching Ostrowski, Rich APPROVED: ATTEST: Paul rmoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Tree Removal Permit (PLN2018-328) 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 1. Approved Permit: Approval is granted for a Tree Removal Permit (PLN2018-328) to allow the removal of on -site trees as indicated on Sheet A-1.0 (Site Plan Demolition) of the Revised Project Plans, dated as received by the Planning Division on January 11, 2019, for property located at 775 Waldo Road. This permit shall be valid only in conjunction with the approved Conditional Use Permit Modification with Site and Architectural Review (PLN2017-45) for construction 8,400 square -foot gymnasium building and associated site and parking improvements. 2. Time of Removal: The protected trees shall be removed only in conjunction with site grading, upon issuance of a building/grading permit(s) for construction of the gymnasium building and associated site and parking improvements.