PC Res 3824
RESOLUTION NO. 3824
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE
REMOVAL PERMIT (PLN2006-129) TO ALLOW THE REMOVAL OF 35
PROTECTED TREES ON PROPERTY OWNED BY BASCOM
FINANCIAL CALIFORNIA, LLC, 1677 S. BASCOM AVENUE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF
MR. ANTHONY HO. FILE NO: PLN2006-129.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to File No. PLN2006-129:
1. The proposed Tree Removal Permit is consistent with the Commercial/Professional
Office/Residential (up to 27 units per gross acre) General Plan land use designation and
C-PD (Condominium Planned Development) Zoning District.
2. The project will include the removal thirty-five protected trees because they would
prohibit the construction of the new buildings and the installation of the new utilities.
3. The thirty-seven 24-inch box replacement trees and thirty-seven 36-inch box
replacement trees, for a total of 74 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.
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.
Planning Commission Resolution No. 3824
PLN2006-129 -1677 S. Bascom Avenue - Tree Removal Permit
Page 2
THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a
Tree Removal Permit (PLN2006-129) to allow the removal of 35 protected trees on property
owned by Bascom Financial California, LLC, located at 1677 S. Bascom Avenue 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
thirty-five protected trees on property located at 1677 S. Bascom Avenue. This permit
shall be valid only in conjunction with the approved Planned Development Permit
(PLN2006-128).
2. Replacement Trees: Thirty-seven 24-inch box size and thirty-seven 36-inch box size
trees shall be required as replacement for the thirty-five 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). [Mitigation Measure Biological Resources-2]
PASSED AND ADOPTED this 10th day of July, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner, Rocha and Roseberry
None
Gibbons and Francois ^ M
None /1 ~/ i
APPROVED: . ,
Michael Rocha, Chair
ATTEST: