PC Res 3455RESOLUTION NO. 3455
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING AN APPEAL AND
UPHOLDING THE COMMUNITY DEVELOPMENT DIRECTOR'S
ADMINISTRATIVE DENIAL OF A TREE REMOVAL PERMIT
(PLN2002-72) TO REMOVE A 13-INCH IN DIAMETER CHINESE
ELM TREE ON PROPERTY OWNED BY EQUITY OFFICE
LOCATED AT 1875 S. BASCOM AVENUE IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPPEAL OF MS. JILL
BAKICH COLLINS, ON BEHALF OF EQUITY OFFICE. FILE NO.
PLN2002-72.
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 PLN2002-72:
1. The Chinese Elm tree is currently in excellent health and can be re reasonably well
structured.
2. The Chinese Elm tree does not have the potential to cause substantial damage to the
surrounding area.
3. The situation can be controlled or remedied through reasonable pruning of the tree.
Based on the foregoing findings, the Planning Commission further finds and concludes that the
evidence does demonstrate that:
1. The tree is not diseased.
2. The tree does not presents a danger of falling that cannot be controlled or remedied through
reasonable preservation and/or preventative procedures and practices such that the public
health or safety requires its removal.
3. The tree does not cause substantial damage to existing or proposed main buildings (e.g.,
dwellings or other main buildings) that cannot be controlled or remedied through reasonable
pruning.
4. The retention of the tree does not restrict the economic enjoyment of the property or create 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 not demonstrated to the satisfaction of the approval authority that there are
no reasonable alternatives to removing the tree.
Planning Commission Resolution No. 3455
PLN2002-72- 1875 S. Bascom Avenue
Denying Appeal and Upholding Administrative Denial of Tree Removal Permit
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission denies an appeal and
upholds the Community Development Director's denial of a Tree Removal Permit (PLN2002-
72) to remove a 13-inch diameter Chinese Elm tree from property owned by Equity Office
located at 1875 S. Bascom Avenue.
PASSED AND ADOPTED this 27th day of August, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners: Alderete, Doorley and Gibbons
Commissioners: Jones
Commissioners: Francois and Hemandez
Commissioners: None
~e/~/ge l~oorley, Acting
Sharon Fierro, Secretary