PC Res 3789
RESOLUTION NO. 3789
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBEll GRANTING A TREE REMOVAL
PERMIT (PLN2006-122) TO ALLOW THE REMOVAL OF
SEVEN TREES ON PROPERTY OWNED BY MR. DAN CAll
LOCATED AT 1045 HAZEL AVENUE IN AN R-1-6 (SINGLE
FAMilY RESIDENTIAL) ZONING DISTRICT. APPLICATION
OF MR. DAN CALL. FILE NO: PLN2006-122.
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 PlN2006-122:
1. The proposed Tree Removal Permit is consistent with the low Density Residential
(less than 6 units per gross acre) General Plan land use designation and R-1-6
(Single-family Residential) Zoning District.
2. The project will include the removal of six English/Black Walnut trees and one Palm
tree because they would prohibit the construction of the new building.
3. The five 24-inch box replacement trees are consistent with the tree replacement
requirements of the Tree Protection Regulations in that none of the removed trees
are protected.
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. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the
California Environmental Quality Act (CEOA) pertaining to the construction of a new
single-family residence in an urbanized area.
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. 3789
PLN2006-122 - 1045 Hazel Avenue - Tree Removal Permit
PaQe 2 of 3
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 grants a Tree
Removal Permit (PLN2006-122) to allow the removal of seven trees on property owned
by Mr. Dan Call located at 1045 Hazel Avenue in an R-1-6 (Single Family Residential)
Zoning District.
Where approval by the Director of Community Development, City Engineer, Public
Works Director, ~ty Attorney or Fire Department is required, that review shall be for
compliance with an 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 2006-121) to
allow the removal of seven trees (six Black or English Walnut trees and one Palm
tree) on property located at 1045 Hazel Avenue. This permit shall be valid only in
conjunction with the approved Site and Architectural Permit (PLN2006-121).
2. Replacement Trees: Five 24-inch box size trees shall be required as replacement
for the existing 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
Planning Commission Resolution No. 3789
PLN2006-122 -1045 Hazel Avenue - Tree Removal Permit
Page 3 of 3
driven into the ground shall be installed around the dripline 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.
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.
c. All of the tree protection recommendations provided in the arborist report dated
March 31, 2006, prepared by Douglas Anderson, WCISA Certified Arborist
#1061, Anderson's Tree Care, shall be followed during the construction process.
These recommendations include general recommendations (page 3), root care
(page 4) and cultural management (page 4).
PASSED AND ADOPTED this 9th day of January, 2007, by the following roll call vote:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Alderete, Ebner, Francois, Gibbons, Rocha and
Roseberry
None
Doorley
None
AYES:
Commissioners:
I~~
1/ ")
APPROVED: I ,fthe
Michael Rocha, Chair
ATTE~ -~
Sharon Fierro, Secretary