PC Res 3616
RESOLUTION NO. 3616
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL RECOMMMENDING APPROVAL OF A TREE REMOV AL
PERMIT (PLN2004-71) TO ALLOW THE REMOVAL OF 13 PROTECTED
TREES ON PROPERTIES OWNED BY CHAI CARE, INc., THE EDWARD
AND ELEANOR CARMAN TRUST AND THE STATE OF CALIFORNIA
LOCATED AT 16201 & 16239 E. MOZART AVENUE IN A PD (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. SCOTT
WARD, ON BEHALF OF CLASSIC COMMUNITIES, INc. FILE NO.:
PLN2004- 71.
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- 71:
1. The proposed Tree Removal Permit is consistent with the Low Density Residential (less than
6 units per gross acre) General Plan Land Use Designation and P-D (Planned Development)
Zoning District.
2. The project will include the removal of 13 protected trees because they would prohibit the
construction of the 24 new single-family homes and a private street.
3. The thirteen 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.
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. 3616
PLN2004-71 -16201 & 16239 E. Mozart 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- 71) to allow the removal of 13 protected trees on properties
owned by Chai Care, Inc., the Edward and Eleanor Carman Trust and the State of California
located at 16201 & 16239 E. Mozart Avenue in a P-D (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 Project: Approval is granted for a Tree Removal Permit (PLN2004-71) to remove
13 protected trees located at 16201 & 16239 East Mozart Avenue. The Tree Removal Permit
shall only be valid in conjunction with an approved Planned Development Permit (PLN2004-
70).
2. Replacement of Removed Trees: The applicant shall provide thirteen 24-inch box
replacement trees for the protected trees to be removed as part of the development.
3. Landscape Plan: The applicant shall submit a final landscape and irrigation plan to the
Planning Division, prior to the issuance of building permits, for review and approval by the
Community Development Director. The landscape and irrigation plan shall substantially
conform with the approved conceptual landscape plan and the City's Water Efficient
Landscaping Standards (WELS) and shall include all replacement trees as required for the
Tree Removal Permit.
PASSED AND ADOPTED this 14th day of December, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Rocha and Roseberry
None
None
Gibbons
ATTEST:
APPROVED:
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Sharon Fierro, Secretary