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.