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PC Res 4550RESOLUTION NO. 4550 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT FOR THE CHICK-FIL-A CAMPBELL PROJECT LOCATED AT 2060 S. BASCOM AVENUE. File No. PLN2018- 207 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 approval of a Tree Removal Permit (PLN2018-207): Environmental Findin 1. 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 (PLN2018-207). Evidentiary Findings 1. The Proposed Project is an application for a Conditional Use Permit with Site and Architectural Review to allow construction of a 4,554 square -foot fast-food restaurant with a 84-seat interior dining area, a 16-seat outdoor dining area, a 19- vehicle drive -through lane with outdoor activities (drive -up window), and associated site, lighting, parking, refuse collection, and landscaping improvements (PLN2018- 206); a Tree Removal Permit to allow removal of protected on -site trees (PLN2018-207); and adoption of a Mitigated Negative Declaration (PLN2018-206),�, on property located at 2060 S.. Bascom Avenue in the C-2 (General Commercial) Zoning District. 2. The Project site consists of a 46,540 square foot parcel located at 2060 S. Bascom Avenue, at the southeast corner of South Bascom Avenue and Arroyo Seco Drive. 3. The Project Site is within the C-2 (General Commercial) Zoning District as shown on the City of Campbell Zoning Map. 4. The Project Site is designated General Commercial as shown on the General Plan Land Use Diagram. Planning Commission Resolution No. 4550 Tree Removal Permit 2060 S. Bascom Avenue - Chick-Fil-A Page 2 of 3 5. The proposed Tree Removal Permit may be approved concurrently, and subject to, the Conditional Use Permit with Site and Architectural Review (PLN2018-207). 6. An Arborist Report was prepared for the property on May 3, 2018 and identified five (5) protected on -site trees including one (1) 22" Mexican fan palm, one (1) 16" flowering pear, one (1) 18" jacaranda, one (1) 17" jacaranda, and one (1) 16" carrotwood. 7. The project includes demolition of all structures and re -grading of the property to the extent that retention of the existing trees would not be feasible or practical. As a result, the removal of trees is necessary for development of the project. 8. All five (5) on -site trees are proposed for removal. The palm tree has outgrown the finger median while the other four (4) trees have significant health and/or structural issues and are expected to worsen regardless of tree care measures. 9. Sixteen (16) 24" box Marina strawberry trees would be planted along the perimeter of the site, while three (3) 24" box African sumac trees and one (1) 24" box holly oak tree would be planted in the northeastern quadrant of the site. In total, 20 new 24" box trees would be planted, exceeding the five (5) 24" box trees that are required under the City's tree replacement standards for removal of five (5) protected trees under 24 inches in diameter. 10. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 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 approves a Tree Removal Permit (PLN2018-207) for the Chick-Fil-A Campbell Project located at 2060 S. Bascom Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). Planning Commission Resolution No. 4550 Tree Removal Permit 2060 S. Bascom Avenue - Chick-Fil-A Page 3 of 3 PASSED AND ADOPTED this.12th day of November, 2019, by the following roll call vote: AYES: Commissioners: Ching, Hines, Krey and Rivlin . NOES: Commissioners: Buchbinder and, Ostrowski ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: 1h A A r i in, tir ATTEST: Paul K rmoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Tree Removal Permit (PLN2018-207) 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: Approved Project: Approval is granted for a Conditional Use Permit with Site and Architectural Review to allow construction of a 4,554 square -foot fast-food restaurant with a 84-seat interior dining area, a 16-seat outdoor dining area, a 19-vehicle drive - through lane with outdoor activities (drive -up window), and associated site, lighting, parking, refuse collection, and landscaping improvements (PLN2018-206); a Tree Removal Permit to allow removal of protected on -site trees (PLN2018-207); and adoption of a Mitigated Negative Declaration (PLN2018-206), on property located at 2060 S. Bascom Avenue in the C-2 (General Commercial) Zoning District. The project shall substantially conform to the Project Plans (including architectural, civil, and landscaping sheets), dated as received by the Planning Division November 6, 2019, except as may be modified by the Conditions of Approval herein (Exhibit A). 2. Time of Removal: The protected trees shall be removed in conjunction with demolition of existing on -site structures, subject to the mitigation measures incorporated into the conditions of approval for the Conditional Use Permit with Site and Architectural Review. 3. Replacement Trees: All protected tree shall be replaced in accordance with CMC Section 21.32.100 (Replacement trees). The minimum number and size of replacement tree(s) shall be based on the number, size, and species of tree(s) approved to be removed. The species of replacement tree(s) shall continue the diversity of trees found in the community. The replacement trees shall be noted on the project's "final" landscaping plan.