PC Res 3647
RESOLUTION NO. 3647
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CAMPBELL GRANTING A TREE REMOVAL PERMIT (PLN200S-32) FOR THE
REMOVAL OF SEVEN PROTECTED TREES ON PROPERTY OWNED BY TWO-
FORTY ASSOCIATES, A PENNSYLVANIA LIMITED PARTNERSHIP, LOCATED
AT 330 E. HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MR. REX McLEAN. FILE NO:
PLN200S-32
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 PLN200S-32
1. The proposed Tree Removal Permit is consistent with the General Plan land use designation of
Low Density Residential (less than 4.5 units per gross acre) and the R-I-9 (Single-Family
Residential, 9,000 square foot minimum lot size) Zoning District.
2. The project will include the removal of three protected trees (a I4-inch diameter Walnut, a IS-inch
diameter Walnut and a IS-inch diameter Chinese Tallow) because they would prohibit the
construction of a new single-family home.
3. The three 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.
S. The project qualifies as a Categorically Exempt project per Section 15304, Class 4, of 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.
3. There is a reasonable relationship and a rough proportionality between the conditions of approval
and the impacts ofthe project.
Planning Commission Resolution No. 3647
PLN2005-32 - 330 E. Hamilton Avenue -Tree Removal Permit
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants a Tree Removal
Permit (PLN2005-32) to allow the removal of seven protected on property owned by Two-Forty
Associates, a Pennsylvania Limited Partnership, located at 330 E. Hamilton Avenue in a C-2-S
(General Commercial) 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
Plannine Division:
1. Approved Project: Approval is granted for a Tree Removal Permit (PLN2005-32) to allow the
removal of seven protected trees on property located at 330 E. Hamilton Avenue. The Tree
Removal Permit shall only be valid in conjunction with the approved Site and Architectural
Review Permit/Conditional Use Permit (PLN2004-I51/I52).
2. Replacement of Removed Trees: The applicant shall provide seven 24-inch box replacement trees
for the protected trees to be removed as part of the development.
3. Landscape Plan: Prior to the issuance of building permits, the applicant shall submit a final
detailed landscape and irrigation plan to the Planning Division for review and approval by the
Community Development Director. The landscape and irrigation plan shall substantially conform
to 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. All
landscaping and trees shall be installed prior to the issuance of a Certificate of Occupancy for the
building.
PASSED AND ADOPTED this 26h day of April, 2005, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry
None
Alderete
None ¿~
ATTEST:
Æ ~.
vW'W'(\. ~W
Sharon Fierro, Secretary