PC Res 3428RESOLUTION NO. 3428
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING A TREE REMOVAL
PERMIT (PLN2002-01) TO ALLOW THE REMOVAL OF THREE
WALNUT TREES, RANGING IN SIZE FROM 12 TO 17 INCHES IN
DIAMETER, ON PROPERTY OWNED BY MR. FRED NOURZAD
AT 1274 WALNUT DRIVE IN AN R-l-10 (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR.
OMID SHAKERI, ON BEHALF OF THE RIDGECREST GROUP.
FILE NO. PLN2002-01.
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 PLN2002-01'
The proposed Tree Removal Permit is consistent with the R-l-10 (Single-Family Residential,
10,000 square foot minimum lot size) Zoning District and the Low Density Residential (less
than 3.5 units per gross acre) General Plan Designation.
2. The proposed tree replacement requirement of three 24-inch box size trees is consistent with
the requirements of the Tree Protection Ordinance.
3. 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.
4. The Walnut trees have been determined to have structural decay according to an I.S.A.
Certified Arborist.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The retention of the three Walnut trees restricts the economic enjoyment of the property or
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.
The three Walnut trees are irreparably diseased and the applicant has demonstrated, to the
satisfaction of the Planning Commission, that this cannot be controlled or remedied through
reasonable preservation and/or preventative procedures and practices such that the public
health and safety requires its removal.
There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Planning Commission Resolution No. 3428
PLN2002-01 - 1274 Walnut Drive -- Tree Removal Permit
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants a Tree Removal
Permit (PLN2002-01) to allow the removal of three walnut trees, ranging is size from 12 to 17
inches in diameter on property owned by Mr. Fred Nourzad at 1274 Walnut Drive, subject to
the following conditions:
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 Permit: Approval is granted for a Tree Removal Permit to allow the removal of
three Walnut trees, ranging in size from 12 inches to 17 inches in diameter, on property
located at 1274 Walnut Drive. This permit shall only be valid in conjunction with the
approved Site and Architectural Review Permit (PLN2001-142).
2. Replacement Trees: Three 24-inch box size trees shall be required as replacement for the
three protected Walnut trees to be removed. The location and species of these trees shall be
shown on the detailed landscape and irrigation plans that shall be submitted to the Planning
Division for review and approval by the Community Development Director, prior to the
issuance of building permits. The proposed replacement trees shall continue the diversity of
tree species found in the community and shall be a species listed in the City's Water Efficient
Landscaping Standards (WELS).
PASSED AND ADOPTED this 23rd day of April, 2002, by the following roll call vote:
AYES: Commissioners:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Jones
and Leonard
None
None
None
Tom Francois, Chair
ATTEST:
/Sharon Fierro, Secretary