PC Res 3966RESOLUTION NO. 3966
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A TREE REMOVAL PERMIT
(PLN2009-110) TO ALLOW THE REMOVAL OF TWO PROTECTED
TREES ON PROPERTY OWNED BY MR. JOHN KIRKORIAN
LOCATED AT 175 CRISTICH LANE IN THE M-1-S (LIGHT
INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR. FREDDY
SEEN, ON BEHALF OF BANDUCCI ASSOCIATES ARCHITECTS, INC.
FILE NO. PLN2009-110.
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 PLN2009-110.
1. The proposed Tree Removal Permit is consistent with the M-1 (Light Industrial) zoning
designation and the General Plan Light Industrial designation.
2. The proposed tree replacement requirement of two 24-inch box size trees is consistent
with the requirements of the Tree Protection Ordinance.
3. The proposed replacement trees will be a sufficient replacement for the volunteer Ash
trees to be removed and shall continue the diversity of tree species found in the
community.
4. According to the Arborist's Report, the Ash trees should be removed based on the
negative impact that construction will have of the trees.
5. The Ash trees are located in an area required for the construction of the proposed
commercial building and their 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 two Ash trees are in fair to good 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.
Planning Commission Resolution No. 3966
PLN2009-110 - 175 Cristich Lane -Tree Removal Permit
Page 2
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Tree Removal
Permit (PLN2009-110) to allow the removal of two protected trees on property owned by
Mr. John Kirkorian located at 175 Cristich Lane in the M-1-S (Light Industrial) Zoning
District.
The applicant is hereby notified, as part of this application, that (s)he is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. The lead department with which the applicant will work is identified on
each condition where necessary. 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 items under review. Additionally, the applicant is hereby
notified that (s)he 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:
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 Use
Permit shall not be valid for any permits sought from the City.
Ackno dged & Accepted:
Freddy een Date
IG•Z~-o`)
John Kirkoria Date
2. Replacement Trees: Two 24-inch box size trees shall be required as a replacement for
the two Ash trees located at 175 Cristich Lane. The location and species of this tree
shall be shown on the Site Plan and Landscape Plan that shall submitted to the
Planning Division prior to the issuance of building permits, for review and approval by
the Community Development Director. The replacement trees shall be installed prior to
the issuance of a Certificate of Building Occupancy.
3. Conditions of Approval: All of the Conditions of Approval for PLN2009-82 and
PLN2009-83 are adopted by reference.
Planning Commission Resolution No. 3966
PLN2009-110 - 175 Cristich Lane -Tree Removal Permit
Page 3
PASSED AND ADOPTED thi:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
13t" day of October, 2009, by the following roll call vote:
Alster, Cristina, Gibbons, Reynolds, Rocha and
Roseberry
None
Ebner
None
APPROVED: ~~ ~
Gibbons, Acting Chair
ATTEST:
Kir Heinrich ,Secretary