CC Resolution 10073
RESOLUTION NO. 10073
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A TREE REMOV AL PERMIT
(PLN2002-05) TO ALLOW THE REMOV AL OF 35 OF 37 TREES
ON PROPERTY OWNED BY CORE DEVELOPMENT INC. AT 117
GILMAN A VENUE IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. CHRIS NEALE, ON
BEHALF OF COROEM BUILDERS. FILE NO. PLN2002-05.
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 City Council did find as follows with
respect to application PLN2002-05:
1. The site was formerly developed with a trailer court that was vacated in August 2000.
2. The existing trees are generally situated in rows towards the center of the project site
precluding a reasonable building pad location within the center of the project.
3. The quantity and location of the trees throughout the project site would preclude any
redevelopment of the site, if the trees were to be required to remain.
4. Replacement trees will be provided at a one to one ratio, for a minimum of 35 new
replacement trees, of a variety of species to continue the diversity of plant materials present
in the community.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The retention of the trees restricts the economic enjoyment of the property or 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.
2. There is a reasonable relationship and rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal
Permit (PLN2002-05) to allow the removal of 35 of 37 trees on property owned by Core
Development Inc. at 117 Gilman A venue, subject to the following conditions:
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
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City Council Resolution
PLN2002-05 - 117 Gilman A venue-Tree Removal Permit
Page 2
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: This tree removal permit (PLN2002-05) shall only be valid in conjunction
with an approved Planned Development Permit (PLN2001-129).
2. Replacement of Removed Trees: All 24 trees to be removed shall be replaced at a one to one
ratio. Replacement trees shall be planted on-site and shall consist of a minimum of twenty-
(24) 24" box trees.
3. Landscape Plan: A detailed landscape/tree replacement plan and irrigation plan shall be
reviewed and approved by the Community Development Director prior to issuance of
Building Permits.
PASSED AND ADOPTED this 6th day of August ,2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
APPROVED: rl~~~
J~ette Watson, Mayor
Burr, Kennedy, Furtado, Watson
Dean
None
None
-,
ATTEST:
7
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Anne Bybee, City Clerk