Loading...
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