PC Res 3604
RESOLUTION NO. 3604
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL RECOMMMENDING APPROV AL OF A TREE REMOVAL
PERMIT (PLN2004-117) TO ALLOW THE REMOVAL OF FIVE
PROTECTED TREES ON PROPERTY OWNED BY PANG BROTHERS
INVESTMENT COMPANY LOCATED AT 1815 S. BASCOM AVENUE IN
A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF
MR. ANTHONY HO, ON BEHALF OF PANG BROTHERS INVESTMENT
COMPANY. FILENO.: PLN2004-117.
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 application PLN2004-117:
1. The proposed Tree Removal Permit is consistent with the Commercial/Professional
Office/Residential (up to 27 units per gross acre) General Plan land use designation and C-
PD (Condominium Planned Development) Zoning District.
2. The project will include the removal five protected trees because they would prohibit the
construction of the new buildings and the installation of the new utilities.
3. The five 24-inch box replacement trees are consistent with the tree replacement requirements
of the Tree Protection Regulations.
4. 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.
5. A Mitigated Negative Declaration has been prepared for this project concluding that there are
no significant unmitigated impacts associated with this project, pursuant to the California
Environmental Quality Act (CEQA).
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.
2. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
Planning Commission Resolution No. 3604
PLN2004-117 - 1815 S. Bascom Avenue-Tree Removal Permit
Page 2
3. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Tree Removal Permit (PLN2004-117) to allow the removal of five protected trees on
property owned by Pang Brothers Investment Company located at 1815 S. Bascom Avenue in a
PD (Planned Development) Zoning District.
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:
1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of
five protected trees on property located at 1815 S. Bascom Avenue. This permit shall be
valid only in conjunction with the approved Planned Development Permit (PLN2002-115).
2. Replacement Trees: Five 24-inch box size trees shall be required as replacement for the five
protected trees to be removed. The location and species of these trees shall be shown on the
detailed landscape and irrigation plans that shall be submitted to the Planning Division for
review and approval by the Community Development Director, prior to the issuance of
building permits. The proposed replacement trees shall continue the diversity of tree species
found in the community and shall be a species listed in the City's Water Efficient
Landscaping Standards (WELS).
3. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees
to be retained on site and shall contain specific information about the preservation of the
trees during any grading or building on site. Such tree protection measures shall be installed
prior to any demolition, grading, or building on the project site. No construction or trenching
shall take place within the drip line of trees and a fence constructed of temporary cyclone
fencing or wire mesh securely attached to poles driven into the ground shall be installed
around the drip line of the tree. All trimming or branch removal from protected trees shall be
completed by a certified arborist. The tree protection plan shall be submitted to the Planning
Division for review and approval by the Community Development Director prior to the
issuance of building permits.
Planning Commission Resolution No. 3604
PLN2004-117 -1815 S. Bascom Avenue-Tree Removal Permit
Page 3
PASSED AND ADOPTED this 26th day of October, 2004, by the following roll call vote:
AYES: Commissioners: Doorley, Francois, Gibbons, Hernandez, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Alderete
ABSTAIN: Commissioners: None
APPROVED: .
ATTEST: ,~ ~
Sharon Fierro, Secretary