PC Res 3373RESOLUTION NO. 3373
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING AN APPEAL AND
OVERTURNING AN ADMINISTRATIVE DENIAL OF A TREE
REMOVAL PERMIT IN ORDER TO ALLOW THE REMOVAL OF AN
ASH TREE ON COMMON AREA PROPERTY LOCATED BEHIND
108 & 110 SALICE WAY IN A PD (PLANNED DEVELOPMEN)
ZONING DISTRICT. FILE NO. PLN2001-27.
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 PLN2001-27:
1. The proposed tree replacement plan of one (1) 36-inch box tree (species to be determined) tree is
consistent with the requirements of the Tree Protection Ordinance.
2. The proposed replacement tree will be a sufficient replacement for the ash tree to be removed and
will continue the diversity of tree species found in the community.
3. The ash tree has the potential to cause substantial damage to existing townhomes or interfere with
utility services.
4. The situation cannot be reasonably controlled or remedied through reasonable relocation or
modification of the walkway, patio and wall and monitoring of the sewer line for damage.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes that:
The tree can potentially cause substantial damage to existing or proposed main buildings (e.g.,
dwellings or other main buildings) or interfere with utility services and cannot be controlled or
remedied through reasonable relocation or modification of the structure or utility services.
2. There is a reasonable relationship and a rough proportionality between the Conditions of Approval
and the impacts of the project.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. Where approval by the Community Development Director, 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:
Planning Commission Resolution No. 3373
PLN2001-27 - 108 & 110 Salice Way
Uphold Tree Appeal and Overturn Administrative Denial of Tree Removal Permit
Page 2
COMMUNITY DEVELOPMENT DEPARTMENT
Approved Project: Approval is granted for a Tree Removal Permit (PLN2001-27) to allow the
removal of one (1) evergreen ash except as may be modified by the Conditions of Approval
contained herein.
2. Replacement Tree: The applicant is required to plant one (1) 36-inch box tree to replace the ash
tree in the common area of the property in close proximity to the location of the ash tree. The
replacement tree shall be a species that it is included in the City's Water Efficient Landscaping
Guidelines (WELS). The replacement tree must be installed within 30 days of the final approval
date of the Tree Removal Permit following the appeal period.
Failure to abide by the terms of these conditions shall nullify the approval.
PASSED AND ADOPTED this 28th day of August, 2001, by the following roll call vote:
AYES: Commissioners: Doorley, Francois, Gibbons, Hernandez and Jones
NOES: Commissioners: None
ABSENT: Commissioners: Lindstrom and Lowe
ABSTAIN: Commissioners: None ~, /
t T~m Fr~nc~s, Acting Chair
~haron Fierro, Secretary