PC Res 3659
RESOLUTION NO. 3659
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT
(PLN2005-24) FOR THE REMOVAL OF 11 PROTECTED TREES ON
PROPERTY OWNED BY MR. JAMES CHALMERS LOCATED AT 700-
750 E. McGLINCY LANE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING
DISTRICT. APPLICATION OF MR. JAMES FULTON. FILE NO:
PLN2005-24
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 PLN2005-24.
1. The proposed tree removal to accommodate a new industrial/office development is
consistent with the Light Industrial General Plan Land Use Designation and M-1 Zoning
District with approval of a Tree Removal Permit.
2. The project will include the removal of 11 protected trees because they would prohibit the
construction of the four new industrial/office buildings and associated on-site
improvements.
3. The proposed three (3) 36-inch box replacement trees and eight (8) 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.
3. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
Planning Commission Resolution No. 3659
PLN2005-24 - 700 - 750 E. McGlincy Lane -Tree Removal Permit
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tree
Removal Permit (PLN2005-24) to allow the removal of 11 protected on property owned by
Mr. James Chalmers located at 700-750 E. McGlincy Lane in an M-1-S (Light Industrial)
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 Proiect: Approval is granted for a Tree Removal Permit (PLN2005-24) to
remove 11 protected trees located at 700-750 E. McGlincy Lane. The Tree Removal
Permit shall only be valid in conjunction with an approved Site and Architectural Review
Permit (PLN2005-23).
2. Replacement Trees: The applicant shall provide three (3) 36-inch box replacement trees
and eight (8) 24-inch box replacement trees.
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. 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 or grading permits. 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 dripline of the tree. All trimming or
branch removal from protected trees shall be completed by a certified arborist.
4. Landscape & Irriqation 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 the following:
a. All replacement trees as required for the Tree Removal Permit.
b. Relocation of the Redwood trees along the McGlincy Lane frontage to the perimeter
landscape area along the southern property line.
c. Details regarding the type of benches, tables, and paving materials to be used in the
outdoor areas.
Planning Commission Resolution No. 3659
PLN2005-24 - 700 - 750 E. McGlincy Lane -Tree Removal Permit
Page 3
d. Details regarding the bicycle racks to be located at each building.
e. Landscaping and irrigation shall be included on the southern façade to shield the
building from view from the adjacent residential properties.
PASSED AND ADOPTED this 14h day of June, 2005, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
APPROVE~~ ~ {}. t f,:J
~ ~ - za ih Gibbons, Chair
/ Sharon Fierro, Secretary