CC Resolution 10466
RESOLUTION NO. 10466
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PLANNING
COMMISSION APPROV AL OF A TREE REMOV AL PERMIT (PLN2004-162)
FOR THE REMOVAL OF ONE 30-INCH DIAMETER PALM TREE ON
PROPERTY OWNED BY THE SAN JOSE SAINT GEORGE COPTIC
ORTHODOX CHURCH LOCATED AT 395 W. RINCON AVENUE IN A P-F
(PUBLIC FACILITIES) ZONING DISTRICT. APPLICATION OF MR.
SAFWAT A. MALEK, ON BEHALF OF THE SAN JOSE SAINT GEORGE
COPTIC ORTHODOX CHURCH. FILE NO.: PLN2004-162.
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 City Council did find as follows with
respect to application PLN2004-162:
1. The proposed Tree Removal Permit is consistent with the Institutional General Plan Land
Use Designation and P-F (Public Facilities) Zoning District.
2. The project will include the removal of one 30-inch diameter Palm tree because it would
prohibit the construction of a new front entry area into the sanctuary.
3. The proposed 36-inch box replacement tree is consistent with the tree replacement
requirements of the City's Tree Protection Regulations.
4. The proposed replacement tree will be a sufficient replacement for the tree 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 City Council further finds and concludes that:
1. The retention of the tree 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 City Council that there are no
reasonable alternatives to preserve the tree.
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.
City Council Resolution
PLN2004-162 - 395 W. Rincon Avenue
Deny an Appeal and Uphold the Planning Commission Approval of a Tree Removal Permit
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds
the Planning Commission approval of a Tree Removal Permit (PLN2004-162) to allow the
removal of one 30-inch diameter palm tree on property owned by the San Jose Saint George
Coptic Orthodox Church located at 395 W. Rincon Avenue in a P-F (Public Facilities) 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
Plannini! Division:
1. Approved Project: Approval is granted for a Tree Removal Permit (PLN2004-162) to remove
one 3D-inch diameter Palm tree located at 395 W. Rincon Avenue. The Tree Removal Permit
shall only be valid in conjunction with an approved Conditional Use Permit (PLN2004-60).
2. Replacement of Removed Trees: The applicant shall provide one 36-inch box replacement
tree for the protected tree 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).
4. 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 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.
City Council Resolution
PLN2004-162 - 395 W. Rincon Avenue
Deny an Appeal and Uphold the Planning Commission Approval of a Tree Removal Permit
Page 3
PASSED AND ADOPTED this 1st
vote:
day of
March
, 2005, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
)
APPROVßD:
Jane P. Kennedy,
Burr, Furtado, Watson, Kennedy
Hernandez
None
None
ATTEST: t!.-~
Anne Bybee, City Clerk