PC Res 4497RESOLUTION NO. 4497
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE
REMOVAL PERMIT (PLN2018-158) TO ALLOW REMOVAL OF ON -
SITE PROTECTED TREES ON PROPERTY 1631 HACIENDA
AVENUE. FILE NO.: PLN2018-158
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 (PLN2018-158):
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 (PLN2018-155) to
amend the Campbell Zoning Map to rezone the project site from R-1-9 (Single -Family
Residential) to P-D (Planned Development); a Planned Development Permit (PLN2018-
156) to allow construction of six two-story single-family homes, an accessory dwelling unit,
a new private street, and associated site and landscaping improvements; a Tentative
Subdivision Map (PLN2018-157) to create six private lots and one common lot, and.
associated public and private easements; a Variance (PLN2018-325) to allow retention of
existing overhead utility lines and installation of a new utility pole on private property to
serve the proposed development; and a Tree Removal Permit (PLN2018-158) to allow
removal of on -site protected trees.
2. The project site consists of two parcels located along Hacienda Avenue, east of Harriet
Avenue, which is developed with a single-family residence that will be demolished as part
of the proposed project.
3. The project site is developed with one single-family residence that will be demolished as
part of the proposed project.
4. The project site abuts residentially zoned properties in all directions.
5. The project includes demolition of all structures and re -grading of the property to the extent
that retention of multiple 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. 4497 Page 2 of 2
Recommending Approval of a Tree Removal Permit
1631 Hacienda Avenue — File No.: PLN2018-158
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 (PLN2018-158) to allow removal of on -site protected trees, subject to the
attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 23rd day of April, 2019, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
Commissioners: Rivlin, Krey, Hines, Ching, and Ostrowski
Commissioners:
Commissioners: Rich
Commissioners:
APPROVED:
Paul Kerr6yan, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Tree Removal Permit (PLN2018-158)
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 (PLN2018-158) to allow
the removal of on -site trees as indicated on Sheet 2.0 of 12 (Demolition/Tree Removal
Plan) of the Revised Project Plans, dated as received by the Planning Division on April 9,
2019, for property located at 1631 Hacienda Avenue. This permit shall be valid only in
conjunction with the approved Planned Development Permit (PLN2018-156) and Tentative
Vesting Map (PLN2018-157).
2. Time of Removal: The protected trees shall be removed only in conjunction with demolition
of existing on -site structures upon issuance of a Demolition Permit, subject to the mitigation
measures specified in the Mitigated Negative Declaration.
3. Replacement Trees: All protected trees shall be replaced at a one-to-one ratio with 24-inch
or 36-inch box trees, to be noted with the project's landscaping plan.