PC Res 3470RESOLUTION NO. 3470
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE
REMOVAL PERM1T (PLN2002-112) TO ALLOW THE REMOVAL OF
FIVE TREES ON PROPERTY OWNED BY U.S. TRUST COMPANY
AS TRUSTEE OF THE VECCHIOLI FAMILY TRUST LOCATED AT
1255-1461 W. HACIENDA AVENUE IN AN R-l-9 (SINGLE FAMILY
RESIDENCIAL) ZONING DISTRICT. APPLICATION OF MR. JIM
SULLIVAN, ON BEHALF OF BRADDOCK & LOGAN SERVICES,
INC. FILE NO. PLN2002-112.
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 PLN2002-112:
1. The proposed Tree Removal Permit is consistent with the proposed R-l-9 (Single-family
Residential) zoning designation and the General Plan Low Density Residential designation.
The proposed tree replacement requirement of five (5) 24-inch box size trees is consistent
with the requirements of the Tree Protection Ordinance. A total of 160 24-inch box size trees
will be planted on the project site.
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.
The project will include the removal of five protected trees (two Bailey Acacia, one China
Berry, One Incense Cedar, and one California black walnut) due to the relocation of a
sanitary sewer line, reconstruction of Turner Way, construction of new fencing on the
relocated property line, and the grading of the residential lots for appropriate drainage.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The trees would prohibit the relocation of a sanitary sewer line, reconstruction of Turner
Way, construction of new fencing on the relocated property line, and the grading of the
residential lots for appropriate drainage, and the applicant has demonstrated to the
satisfaction of the Planning Commission that this interference cannot be controlled or
remedied through reasonable preservation and/or preventative procedures and practices.
2. 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.
Planning Commission Resolution No. 3470
PLN2002-112 - 1255-1461 W. Hacienda 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 (PLN2002-112) to allow the removal of five trees from property
owned by U.S. Trust Company as Trustee of the Vecchioli Family Trust located at 1255-1461
W. Hacienda 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:
1. Approved Permit: Approval is granted for a Tree Removal Permit (PLN 2002-112) to allow
the removal of five trees (two Bailey Acacia, one China Berry, One Incense Cedar, and one
California black walnut) at 1255-1461 W. Hacienda Avenue. This permit shall only be valid
in conjunction with an approved Site and Architectural Review Permit (PLN 2002-95).
Replacement of Removed Trees: A total of five (5) 24-inch box size trees shall be required
as a replacement for the five trees being removed at 1255-1461 W. Hacienda Avenue. The
location and species of this tree shall be shown on the detailed landscape and irrigation plans
that shall be submitted to the Planning Division, prior to the issuance of building permits, for
review and approval by the Community Development Director.
PASSED AND ADOPTED this 22nd day of October, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Jones and Rocha
Gibbons
Hernandez
None
ATTEST:
Sharon Fierro, Secretary
APPROVED: ~
Tom Francois, Chair