PC Res 3506RESOLUTION NO. 3506
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE
REMOVAL PERMIT (PLN2003-42) TO ALLOW THE REMOVAL OF
THREE PROTECTED TREES ON PROPERTY OWNED BY WATER
TOWER I, LLC, LOCATED AT 300 ORCHARD CITY DRIVE IN A
C/P-D (CONDOMINIUM/PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. PAUL RING, ON BEHALF OF
REGIS HOMES OF NORTHERN CALIFORNIA, INC. FILE NO.
PLN2003-42.
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 PLN2003-42.
The Planning Commission finds as follows with regard to File No. PLN2003-42:
1. The proposed Tree Removal Permit is consistent with the Central Commercial General Plan
land use designation and C-PD (Condominium-Planned Development) Zoning District.
The project will include the removal of three protected trees (one 17-inch diameter Coast
Redwood tree and two 13-inch diameter Australian Willow trees) because they would
prohibit the construction of the new building, the removal of the wall to the east of Hyde
Park and the installation of the new utilities.
3. The three 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.
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:
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 due to the number of site constraints of the
infill site.
Planning Commission Resolution No. 3506
PLN2003-42 - 300 Orchard City Drive- Tree Removal Permit
Page 2
o
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.
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 recommends approval
of a Tree Removal Permit (PLN2003-42) to allow the removal of three protected trees on
property owned by Water Tower I, LLC, located at 300 Orchard City 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 protected trees on property located at 300 Orchard City Drive. This permit shall be
valid only in conjunction with the approved Planned Development Permit (PLN2002-146).
Replacement Trees: Three 24-inch box size trees shall be required as replacement for the
three protected 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).
Planning Commission Resolution No. 3506
PLN2003-42 - 300 Orchard City Drive- Tree Removal Permit
Page 3
PASSED AND ADOPTED this 24th day of June, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Jones and Rocha
None
Hemandez
None
ATTEST:
APPROVED:
Sharon Fierro, Secretary
Geo~ Door~ey, Acting ~