PC Res 3721
RESOLUTION NO. 3721
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING A TREE REMOVAL PERMIT
(PLN2006-32) TO ALLOW THE REMOVAL OF ONE PROTECTED
TREE (A 22-INCH DIAMETER WALNUT) ON PROPERTIES
OWNED BY MR. BASHEER AHMED LOCATED AT 1690 & 1692
WESTMONT AVENUE IN AN R-1-9 (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR.
BASHEER AHMED. FILE NO: PLN2006-32.
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 PLN2006-32.
1. The proposed Tree Removal Permit is consistent with the General Plan land use
designation of Low Density Residential (less than 4.5 units per gross acre) and the
R-1-9 (Single-Family Residential, 9,000 square foot minimum lot size) Zoning
District.
2. The project will include the removal of one protected tree (a 22-inch diameter
Walnut) because it would prohibit the construction of a new single-family home on
the rear parcel.
3. The one 24-inch box replacement tree is consistent with the tree replacement
requirements of the Tree Protection Regulations.
4. The proposed replacement tree will be a sufficient replacement for the tree to be
removed and will continue the diversity of tree species found in the community.
5. The project qualifies as a Categorically Exempt project per Section 15304, Class 4,
of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The retention of the tree 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 tree.
2. 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. 3721
PLN2006-32 - 1690 & 1690 Westmont 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 grants a Tree
Removal Permit (PLN2006-32) to allow the removal of one 22-inch diameter Walnut tree on
property owned by Mr. Basheer Ahmed located at 1690 & 1692 Westmont Avenue in an R-
1-9 (Single Family Residential) Zoning District.
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 Proiect: Approval is granted for a Tree Removal Permit (PLN2006-32) to allow
the removal of one protected tree (a 22-inch diameter Walnut) on property located at 1690
& 1692 Westmont Avenue (rear parcel). The Tree Removal Permit shall only be valid in
conjunction with the approved Site and Architectural Review Permit (PLN2006-03 & 04).
2. Replacement of Removed Trees: The applicant shall provide one 24-inch box
replacement tree for the protected tree to be removed as part of the development.
3. Landscape Plan: Prior to the issuance of building permits, the applicant shall submit a
final detailed landscape and irrigation plan to the Planning Division for review and
approval by the Community Development Director. The landscape and irrigation plan shall
substantially conform with the approved conceptual landscape plan and the City's Water
Efficient Landscaping Standards (WELS) and shall include the replacement tree as
required for the Tree Removal Permit. All landscaping and trees shall be installed prior to
the issuance of a Certificate of Occupancy for the homes.
4. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected
trees to be retained on site and shall contain specific information about the preservation of
the trees during and grading or building on site. Such tree protection measures shall be
installed prior to any demolition, grading, or building on the project site. No construction
or trenching shall take place within the drip line of trees and a fence constructed of
temporary cyclone fencing or wire mesh securely attached to poles driven into the ground
shall be installed around the dripline of the tree. All trimming or branch removal from
protect trees shall be completed by a certified arborist. The tree protection plan shall be
submitted to the Planning Division for review and approval by the Community
Development Director prior to the issuance of building permits.
Planning Commission Resolution No. 3721
PLN2006-32 - 1690 & 1690 Westmont Avenue -Tree Removal Permit
Page 3
PASSED AND ADOPTED this 23rd day of May, 2006, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and
Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED: ~~~ ~
Bob Alderete, hair .
ATTEST: ~~ -L-
./ Sharon Fierro, Secretary