PC Res 3442RESOLUTION NO. 3442
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TREE REMOVAL PERMIT (PLN2002-05) TO ALLOW THE
REMOVAL OF 35 OF 37 TREES ON PROPERTY OWNED BY
CORE DEVELOPMENT INC. AT 117 GILMAN AVENUE IN A P-
D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. CHRIS NEALE, ON BEHALF OF
COROEM BUILDERS. FILE NO. PLN2002-05.
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 PLN2002-05:
1. The site was formerly developed with a trailer court that was vacated in August 2000.
2. The existing trees are generally situated in rows towards the center of the project site
precluding a reasonable building pad location within the center of the project.
3. The quantity and location of the trees throughout the project site would preclude any
redevelopment of the site, if the trees were to be required to remain.
Replacement trees will be provided at a one to one ratio, for a minimum of 35 new
replacement trees, of a variety of species to continue the diversity of plant materials present
in the community.
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 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.
2. There is a reasonable relationship and 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 (PLN2002-05) to allow the removal of 35 of 37 trees on property
owned by Core Development Inc. at 117 Gilman Avenue, subject to the following conditions:
Planning Commission Resolution No. 3442
PLN2002-05 - 117 Gilman Avenue--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
1. Approved Project: This tree removal permit (PLN2002-05) shall only be valid in conjunction
with an approved Planned Development Permit (PLN2001-129).
2. Replacement of Removed Trees: All 24 trees to be removed shall be replaced at a one to one
ratio. Replacement trees shall be planted on-site and shall consist of a minimum of twenty-
(24) 24" box trees.
3. Landscape Plan: A detailed landscape/tree replacement plan and irrigation plan shall be
reviewed and approved by the Community Development Director prior to issuance of
Building Permits.
PASSED AND ADOPTED this 9th day of July, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez
Jones
None
None
None
AePROV~r~n~c~fi/7
Sharon Fierro, Secretary
and