PC Res 3758
RESOLUTION NO. 3758
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TREE REMOVAL PERMIT (PLN2006-28) TO ALLOW THE
REMOVAL OF FOUR PROTECTED TREES (ONE 35-INCH
DIAMETER MONTEREY PINE, ONE 22-INCH DIAMETER
OREGON ASH AND TWO MAGNOLIAS OF 14 AND 20-INCH
DIAMETERS) ON PROPERTY OWNED BY MR. MIKE BLACK AND
JOHN AND JOANNE GRAFFIGNA LOCATED AT 1691 & 1711
BUCKNALL ROAD IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. MIKE BLACK. FILE
NO: PLN2006-28.
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 PLN2006-28.
1. The proposed Tree Removal Permit is consistent with the Medium Density
Residential (14-20 units per gross acre) General Plan land use designation and P-D
(Planned Development) Zoning District.
2. The project will include the removal of four protected trees because they would
prohibit the construction of the new buildings and the installation of the new utilities.
3. The fifteen 24-inch box replacement trees are consistent with the tree replacement
requirements of the Tree Protection Regulations.
4. 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.
5. . A Mitigated Negative Declaration has been prepared for this project concluding that
there are no significant unmitigated impacts associated with this project, pursuant to
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 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.
Planning Commission Resolution No. 3758
PLN2006-28 -1691 & 1711 Bucknall Road -Tree Removal Permit
Page 2
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.
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 (PLN2006-32) to allow the removal of four protected trees
(one 35-inch diameter Monterey Pine, one 22-inch diameter Oregon Ash and two Magnolias
of 14 and 20-inches in diameter) on property owned by Mr. Mike Black and John and Joanne
Graffigna located at 1691 & 1711 Bucknall Road 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
four protected trees on property located at 1691 & 1711 Bucknall Road. This permit
shall be valid only in conjunction with the approved Planned Development Permit
(PLN2006-24 ).
2. Replacement Trees: Fifteen 24-inch box size trees shall be required as replacement for
the four 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 (e.g. building foundations, retaining walls, tree wells, etc.) 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
dripline of the tree. All trimming or branch removal from protected trees shall be
Planning Commission Resolution No. 3758
PLN2006-28 -1691 & 1711 Bucknall Road -Tree Removal Permit
Page 3
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.
a. A specific detail for installation of fences under the drip line of the trees 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.
b. To protect existing trees to be preserved from the grade increase on the project site,
tree wells shall be constructed around the existing trees to be preserved. A specific
detail for the construction of the tree wells 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 26th day of September, 2006, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner, Francois, Rocha and Roseberry
None
Gibbons
None
Q./
APPROVED: ~~ ~----
"-
Bob Alderete, Chair
ATTEST:
~~
/ Sharon Fierro, Secretary