PC Res 3934RESOLUTION NO. 3934
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE
REMOVAL PERMIT (PLN2007-175) TO ALLOW THE REMOVAL OF 33
PROTECTED TREES ON PROPERTY OWNED BY ALVIN B. CHAN,
INC., LOCATED AT 651, 655 & 671 W. HAMILTON AVENUE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF
MS. JENNIFER SKILLINGS, ON BEHALF OF SANTA CLARA
DEVELOPMENT. FILE NO.: PLN2007-175.
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 PLN2007-175.
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-three protected trees because they would
prohibit the construction of the new buildings and the installation of the new utilities.
3. The proposed approximately 100 replacement trees, with a minimum size 24-inch box,
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.
Planning Commission Resolution No. 3934
PLN2007-175 - 651, 655 & 671 W. Hamilton Avenue -Tree Removal Permit
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 (PLN2007-175) to allow the removal of 33 protected trees on
property owned by Alvin B. Chan, Inc., located at 651, 655 & 671 W. Hamilton 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of City Council
approval, the applicant shall sign the final, approved set of Conditions of Approval.
Until said Conditions are signed, the approved entitlements shall not be valid for any
permits sought from the City.
Acknowledged & Accepted:
Santa Clara Development Date
2. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal
of thirty-three protected trees, as described and identified in the Arborist Report
prepared by HortScience, Inc., dated October 2007, on property located at 651, 655, &
671 W. Hamilton Avenue. This permit shall be valid only in conjunction with the
approved Planned Development Permit (PLN2009-173). No protected trees shall be
removed prior to the issuance of Building Permits. Applicant shall give the
Planning Division 24-hour notice prior to the removal of protected trees.
3. Replacement Trees: The Final Landscaping Plan shall indicate that thirty-three of the
approximately 100 new proposed trees (minimum 24-inch box size), are being planted
as replacement trees pursuant to the tree removal permit approved herein. Of those
100 trees, 10 to 15 percent shall be 36-inch box or greater. 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.
Planning Commission Resolution No. 3934
PLN2007-175 - 651, 655 & 671 W. Hamilton Avenue -Tree Removal Permit
Page 3
PASSED AND ADOPTED this 10th day of February, 2009, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alderete, Alster,
None
Roseberry
Ebner, Gairaud, Gibbons and Rocha
None
APPROVED:
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ATTEST:
Ciddy Wordell Acting Secretary