PC Res 3519 RESOLUTION NO. 3519
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE
REMOVAL PERMIT (PLN2003-82) TO ALLOW THE REMOVAL OF
NINE TREES ON PROPERTY OWNED BY MR. PELUSA BASTIDA
LOCATED AT 122 SHELLEY AVENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
PELUSA BASTIDA. FILE NO. PLN2003-82.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2003-82:
There have been no changes in the project plans, site, physical environmental conditions, or
environmental setting that would result in significant environmental impacts not anticipated
at the time of the adoption of the Negative Declaration.
2. There have been no changes in the development standards or regulations that would warrant
changes to the conditions of approval.
3. There have been no changes in the General Plan and the Zoning of the property since the
previous approval of the project.
The proposed removal of nine existing trees on site is necessary as it restricts the economic
enjoyment of the property and creates an unusual hardship for the property owner to develop
the project as proposed.
o
The removal of some of the existing trees on site is proposed due to the poor condition of the
trees as indicated in the certified arborist report submitted bythe applicant; the other trees to
be removed on site are not protected under the City's Tree Protection Ordinance.
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.
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.
Planning Commission Resolution No. 3519
PLN2003-82 -- 122 Shelley Avenue- Tree Removal Permit
Page 2
3. 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 (PLN2003-82) to allow the removal of nine trees on property owned
by Mr. Pelusa Bastida located at 122 Shelley Avenue, 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:
Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of
nine trees on property located at 122 Shelley Avenue. This permit shall be valid only in
conjunction with the Reinstatement of Approval (PLN2003-52) for a previously approved
Planned Development Permit.
Replacement Trees: The applicant shall be required to provide replacement trees for the trees
approved to be removed, in accordance with the replacement ratio requirements of the City's
Tree Protection Ordinance. 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 8th day of July, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners: Alderete, Francois, Gibbons, Hemandez, Jones and Rocha
Commissioners: None
Commissioners: Doorley · ....
Commissioners: None i~'~~~
APPROVED: Joseph ~tern~r
S~n Fierro, Secretary