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PC Res 3850 RESOLUTION NO. 3850 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF TREE REMOVAL PERMIT (PLN2007-146) TO ALLOW THE REMOVAL OF SIX PROTECTED TREES ON PROPERTY OWNED BY MERRILL GARDENS AT CAMPBELL LOCATED AT 2041-2043,2075,2091,2105 & 2127 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. RYAN LEONG, ON BEHALF OF SRM DEVELOPMENT. FILE NO.: PLN2007- 146. 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. PLN2007-146: 1. The proposed Tree Removal Permit is consistent with the Central Commercial General Plan land use designation and PD (Planned Development) Zoning District. 2. The project will include the removal six on-site protected trees because they would prohibit the construction of the new buildings and the installation of the new utilities. 3. The tentative landscape plan shows over ninety replacement trees and is therefore 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. Planning Commission Resolution No. 3850 PLN2007-146 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Recommending Approval of a Tree Removal Permit - Merrill Gardens at Campbell Page 2 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN2007-146) to allow the removal of six protected trees on property owned by Merrill Gardens at Campbell located at 2041-2043,2075,2091,2105 and 2127 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. Aooroved Permit: Approval is granted for a Tree Removal Permit to allow the removal of 6 on-site protected trees on property located at 2041-2127 S. Winchester Boulevard. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2006-165). 2. Replacement Trees: Six 24-inch box size trees shall be required as replacement for the six protected trees to be removed. The six replacement trees shall be included in the ninety trees to be installed as proposed on the preliminary landscape plan. 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). Planning Commission Resolution No. 3850 PLN2007-146 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard Recommending Approval of a Tree Removal Permit - Merrill Gardens at Campbell Page 3 PASSED AND ADOPTED this 23rd day of October, 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner and Roseberry Rocha Gibbons None APPROVED: ~ ~ ~~ Michael Rocha, Chair ATTEST: