PC Res 3882
RESOLUTION NO. 3882
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A TREE REMOVAL PERMIT
(PLN2008-52) TO ALLOW THE REMOVAL OF A PALM TREE ON
PROERTY OWNED BY HAMILTON PLAZA INVESTORS, LLC,
LOCATED AT 1790 S. BASCOM AVENUE IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF HAMILTON
AVENUE INVESTORS, LLC. FILE NO.: PLN2008-52.
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 PLN2008-52.
1. The proposed tree removal to accommodate a new commercial development is
consistent with the General Commerical General Plan Land Use Designation and C-2
Zoning District with approval of a Tree Removal Permit.
2. The project will include the removal of one protected because it interferes with
overhead utility lines.
3. 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.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The retention of the tree 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.
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.
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Tree Removal
Permit (PLN2008-52) to allow the removal of a palm tree on property owned by Hamilton
Plaza Investors, LLC, located at 1790 S. Bascom Avenue in a C-2- S (General
Commercial) Zoning District.
Planning Commission Resolution No. 3882
PLN2008-52 - 1790 S. Bascom Avenue - Tree Removal Permit
Page 2
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 Proiect: Approval is granted for a Tree Removal Permit (PLN2008-52) to
remove one protected tree located at 1790 S. Bascom Avenue. The Tree Removal
Permit shall only be valid in conjunction with an approved Site and Architectural
Review Permit (PLN2008-06).
2. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected
trees to be retained on site and shall contain specific information about the
preservation of the trees during any grading or building on site. 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 or grading permits.
Such tree protection measures shall be installed prior to any demolition, grading, or
building on the project site. No construction or trenching shall take place within the drip
line of trees 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 completed by
a certified arborist.
3. Landscape & IrriQation Plan: The applicant shall submit a final landscape and irrigation
plan to the Planning Division, prior to the issuance of building permits, for review and
approval by the Community Development Director. The landscape and irrigation plan
shall substantially conform with the approved conceptual landscape plan and the City's
Water Efficient Landscaping Standards (WELS) and shall include the following:
a. Relocation of the Mexican Fantail Palm trees to the perimeter landscape area along
the driveway and parking lot.
Planning Commission Resolution No. 3882
PLN2008-52 - 1790 S. Bascom Avenue - Tree Removal Permit
Page 3
PASSED AND ADOPTED this 22nd day of April, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Ebner, Gairaud, Gibbons and Roseberry
None
Alderete, Doorley and Rocha
None
APPROVED:
Bob Roseberry, Chao