PC Res 3762
RESOLUTION NO. 3762
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TREE REMOVAL PERMIT (PLN2006-82) TO ALLOW THE
REMOVAL OF SIX PROTECTED TREES ON PROPERTY OWNED
BY LEXOR BUILDERS LOCATED AT 2135 & 2145 S.
WINCHESTER BOULEVARD IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
KENNETH RODRIGUES. FILE NO: PLN2006-82.
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 PLN2006-82:
1. The proposed Tree Removal Permit is consistent with the Central Commercial
General Plan land use designation and P-D (Planned Development) Zoning District.
2. The project will include the removal of six protected trees because they would
prohibit the construction of the proposed building.
3. The four replacement trees (three 24-inch box and one 36-inch box) are consistent
with the tree replacement requirements of the Tree Protection Regulations, which
require only the replacement of trees larger than 12-inches in diameter.
4. The proposed replacement trees are of four different species and thus will be a
sufficient replacement for the trees to be removed and will continue the diversity of
tree species found in the community.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. 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.
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. 3762
PLN2006-82 - 2135 & 2145 S. Winchester Boulevard - Tree Removal Permit
Page 2 of 3
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 (PLN2006-82) to allow the removal of six protected
trees on property owned by Lexor Builders located at 2135 & 2145 S. Winchester
Boulevard in a P-D (Planned Development) 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 Permit: Approval is granted for a Tree Removal Permit to allow the
removal of six protected trees on property located at 2135-2145 S. Winchester
Boulevard. This permit shall be valid only in conjunction with the approved Planned
Development Permit (PLN2006-81 ).
2. Replacement Trees: A minimum of two 24-inch box size trees and one 35-inch tree
shall be required as replacement for the six protected trees to be removed. 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).
3. Tree Protection Plan: The applicant shall submit a tree protection plan for all
protected trees to be retained on site or on adjacent lots that are impacted by the
project, and shall contain specific information about the preservation of the trees
during any 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 beyond that
shown on the plans and a fence constructed of temporary cyclone fencing or wire
mesh securely attached to poles driven into the ground shall be installed around the
drip line of the tree. All trimming or branch removal from protected 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. 3762
PLN2006-82 - 2135 & 2145 S. Winchester Boulevard - Tree Removal Permit
Page 3 of 3
a. A specific detail for installation of walls and foundations under the drip line of the
tree(s) to be preserved shall be submitted to the Community Development
Director for review and approval prior to the issuance of a building permit. This
detail shall be included in the construction document plan set.
PASSED AND ADOPTED this 10th day of October, 2006, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
None
None
None
Commissioners:
Commissioners:
Commissioners:
APPROVED~i4 L----
Bob Alderete, Chair
ATTEST:.~ 'f~
Sharon Fierro, Secretary