CC Resolution 12560RESOLUTION NO. 12560
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING A TREE REMOVAL PERMIT (PLN2018-207)
TO ALLOW REMOVAL OF PROTECTED ON -SITE TREES FOR
PROPERTY LOCATED AT 2060 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 City Council finds as follows with regard to File Number PLN2018-207:
Environmental Finding
A Mitigated Negative Declaration (MND) was prepared for the Proposed Project in
accordance with the California Environmental Quality (CEQA). However, absent an
affirmative decision on the Proposed Project, the MND need not be adopted since the
City Council's action to deny is Statutorily Exempt pursuant to California Public
Resource Code Section 21080(b)(5).
Evidentiary Findings
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.
2. The Project Site is designated General Commercial as shown on the General Plan Land
Use Diagram.
3. The Project Site is within the C-2 (General Commercial) Zoning District as shown on the
City of Campbell Zoning Map.
4. The Proposed Project is an application for a. Conditional Use Permit with Site and
Architectural Review. and a Tree Removal Permit to allow construction of a 4,554 square
foot fast-food .restaurant with an 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.
5. By separate action, the City Council has denied the Conditional Use Permit with Site and
Architectural Review (PLN2018-206) element of the Proposed Project for construction of
the fast-food restaurant. Without construction of the new building, the application for a
Tree Removal Permit is an inoperative entitlement request as the existing property
improvements will be maintained.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
Tree Removal Permit Findings (CMC Sec. 21.32.080.A.5):
City Council Resolution 12560 Page 2 of 2
2060 S. Bascom Avenue — Chick-fil-A
Denial of Tree Removal Permit (PLN2018-207)
1. The retention of the trees neither restricts the economic enjoyment of the property nor
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 not demonstrated to the satisfaction of the City Council
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 City Council denies a Tree Removal Permit
(PLN2018-207) to allow removal of protected on -site trees, for property located at 2060 S.
Bascom Avenue.
PASSED AND ADOPTED this 18th day of February, 2020, by the following roll call vote:
AYES:
COUNCILMEMBERS: Waterman, Bybee, Resnikoff, Gibbons, Landry
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ABSTAIN:
COUNCILMEMBERS: None
APPROVED:6twom
Susan M. Landry, Mayor
ATTEST: JI-J,
Wendy od, City Clerk