PC Res 3943RESOLUTION NO. 3943
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT
(PLN2009-11) TO ALLOW THE REMOVAL OF ONE REDWOOD
TREE ON PROPERTY OWNED BY PENINSULA HISTOPATHOLOGY
LABORATORY, INC., LOCATED AT 95 & 109 E. HAMILTON
AVENUE IN A P-O (PROFESSIONAL OFFICE) ZONING DISTRICT.
APPLICATION OF MR. DENNIS HOOD. FILE NO.: PLN2009-11.
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 PLN2009-11:
1. The proposed Tree Removal Permit is consistent with the P-O (Professional Office)
zoning designation and the General Plan Professional Office designation.
2. The proposed tree replacement requirement of one 36-inch box size tree is consistent
with the requirements of the Tree Protection Ordinance.
3. The proposed replacement tree will be a sufficient replacement for the Redwood tree to
be removed and shall continue the diversity of tree species found in the community.
4. According to the Arborist's Report, the Redwood tree should be removed based on the
negative impact that construction of the asphalt parking lot will have of this tree.
5. The Redwood tree is located in an area that is required to be paved for adequate fire
engine turnaround and its retention would impact the economic enjoyment of the
subject property and cause an undue hardship to the property owners.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The Redwood tree is in fair health, and the applicant has demonstrated to the
satisfaction of the Planning Commission that the tree would be negatively impacted by
the new development and its retention would cause a hardship to the property owners
and would impact the economic enjoyment of the property.
2. 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 approves a Tree Removal
Permit (PLN2009-11) to allow the removal of one redwood tree property owned by
Peninsula Histopathology Laboratory, Inc., located at 95 & 109 E. Hamilton Avenue in a
P-O (Professional Office) Zoning District.
Planning Commission Resolution No. 3943
PLN2009-11 - 95 & 109 E. Hamilton Avenue -Peninsula Histopathology Laboratory
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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant and property owner shall sign the final, approved
set of Conditions of Approval. Until said Conditions are signed, the proposed Tree
Removal Permit shall not be valid for any permits sought from the City.
Acknowledged & Accepted:
Dennis Hood Date
for Peninsula Histopathology Laboratory, Inc. Date
2. Replacement of Removed Tree: One 36-inch box size tree shall be required as a
replacement for the Redwood at 95 & 109 E. Hamilton Avenue. The location and
species of this tree shall be shown on the Site Plan that shall be reviewed by the
Planning Division, prior to the issuance of building permits, for review and approval by
the Community Development Director. The replacement tree shall be installed prior to
the issuance of a Certificate of Building Occupancy.
PASSED AND ADOPTED this 14th day of April, 2009, by the following roll call vote:
AYES: Commissioners: Alderete, Ebner, Gairaud, Gibbons and ocha
NOES: Commissioners: None
ABSENT: Commissioners: Alster and Roseb~rry
ABSTAIN: Commissioners: None nn . ~
APPROVED: ~
Mark Eb it
L,C/
ATTEST:
Ciddy Wordell, cting Secretary