PC Res 3989RESOLUTION NO. 3989
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TREE REMOVAL PERMIT (PLN2010-106) TO ALLOW THE
REMOVAL OF 62 PROTECTED PARKING LOT TREES ON
PROPERTY LOCATED AT 950 W. HAMILTON AVENUE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF MS. NATALIE MATTEI, ON BEHALF OF SAFEWAY, INC. FILE
NO: PLN2010-106.
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. PLN2010-106:
Environmental Finding
1. 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).
Evidentiary Findings
2. The proposed Tree Removal Permit is consistent with the General Commercial
General Plan land use designation and P-D (Planned Development) Zoning District.
3. The project will include the removal 62 protected trees that are in decline due to
plantation in above ground planters in order to upgrade the existing parking lot
landscaping and the installation of at-grade parking lot trees.
4. The 65 24-inch box proposed replacement trees shown on the proposed landscape
plan are consistent with the tree replacement requirements of the Tree Protection
Regulations.
5. 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:
Planning Commission Resolution No. 3989
PLN2010-31 - 950 W. Hamilton Avenue -Conditional Use Permit (Safeway)
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The retention of the trees would restrict the economic enjoyment of the property and
create 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 limitations of originally planting the trees in above ground planters that
have restricted the growth and vitality of the existing 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 recommends approval
of a Tree Removal Permit (PLN2010-106) to allow removal of 62 protected parking lot
trees on property located at 950 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:
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:
Authorized Representative of Safeway Inc.
Date
Planning Commission Resolution No. 3989
PLN2010-31 - 950 W. Hamilton Avenue -Conditional Use Permit (Safeway)
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2. Approved Permit: Approval is granted for a Tree Removal Permit to allow the
removal of only the sixty-two protected parking lot trees, as described and identified
in the Arborist Report prepared by HortScience, Inc., dated May 11, 2010 on
property located at 950 W. Hamilton Avenue. This permit shall be valid only in
conjunction with the approved Planned Development Permit (PLN2010-030). 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 a indicate that
approximately sixty-five new proposed parking lot trees (minimum 24-inch box size),
are being planted as replacement trees pursuant to the tree removal permit
approved herein. 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.
4. 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. 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. 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 permits.
PASSED AND ADOPTED this 8th day of June, 2010, by the following roll call vote:
AYES: Commissioners: Alster, Cristina, Reynolds, Rocha and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Ebner and Gibbons
ABSTAIN: Commissioners: None
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A~~ROVED: -
Michael Rocha, Acting Chair
ATTEST:
Kir ein ' hs, Secretary