PC Res 3483RESOLUTION NO. 3483
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A TREE REMOVAL PERMIT
(PLN2003-22) TO ALLOW THE REMOVAL OF ONE BLACK ACACIA
TREE ON PROPERTY OWNED BY MR. JAMES KENNEDY
LOCATED AT 1555, 1561 AND 1573 VAN DUSEN LANE IN A R-l-9
(SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF MR. JAMES KENNEDY. FILE NO. PLN2003-22.
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 PLN2003-22:
1. The proposed Tree Removal Permit is consistent with the R-l-9 (Single-family Residential)
zoning designation and the General Plan Low Density Residential designation.
2. The proposed tree replacement requirement of one 24-inch box size tree is consistent with the
requirements of the Tree Protection Ordinance.
3. The proposed replacement tree will be a sufficient replacement for the Black Acacia tree to
be removed and shall continue the diversity of tree species found in the community.
According to the Arborist's Report it is in poor structural condition and has been topped in
the past, resulting in branches that are weakly attached to the tree and may be vulnerable to
failure in future years.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The Black Acacia tree presents a danger of falling, and the applicant has demonstrated to the
satisfaction of the Planning Commission that this danger cannot be controlled or remedied
through reasonable preservation and/or preventative procedures and practices.
2. 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 grants a Tree Removal
Permit (PLN2003-22) to allow the removal of one Black Acacia tree on property owned by Mr.
James Kennedy located at 1555, 1561 and 1573 Van Dusen Lane, subject to the following
conditions:
Planning Commission Resolution No. 3483
PLN2003-22 -- 1555, 1561 and 1573 Van Dusen Lane - Tree Removal Permit
Page 2
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:
Approved Permit: Approval is granted for a Tree Removal Permit (PLN 2003-22) to allow
the removal of one (1) Black Acacia tree at 1561 Van Dusen Avenue. This permit shall only
be valid in conjunction with an approved Site and Architectural Review Permit (PLN 2002-
120).
Replacement of Removed Tree: In addition to the six trees required under Site and
Architectural Review Permit No. PLN 2002-120, one (1) 24-inch box size tree shall be
required as a replacement for the Black Acacia tree at 1561 Van Dusen Lane. The location
and species of this tree shall be shown on the detailed landscape and irrigation plans that
shall be submitted to the Planning Division, prior to the issuance of building permits, for
review and approval by the Community Development Director.
PASSED AND ADOPTED this 25th day of March, 2003, by the following roll call vote:
AYES: Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Jones
and Rocha
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:
Sh~on Fierro, Secretary
ATTEST:
Josep~Hern