PC Res 4012RESOLUTION NO. 4012
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
TREE REMOVAL PERMIT (PLN2010-164) TO ALLOW THE
REMOVAL OF 40 PROTECTED TREES ON PROPERTY LOCATED
AT 700 GALE DRIVE IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF VALLEY OAK PARTNERS.
FILE NO: PLN2010-164.
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. PLN2010-164:
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 proposed Low-Medium
Density Residential General Plan land use designation and the proposed PD
(Planned Development) Zoning District.
3. The project will include the removal of 40 protected trees due to their location, which
would prohibit the construction of the new residential buildings.
4. The over one hundred 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:
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.
Planning Commission Resolution No. 4012
PLN2010-164 - 700 Gale Drive -Tree Removal Permit
Page 2
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 (PLN2010-164) to allow removal of 40 protected trees on
property located at 700 Gale Drive 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. Approved Permit: Approval is granted for a Tree Removal Permit to allow the
removal of forty (40) protected trees on property located at 700 Gale Drive. This
permit shall be valid only in conjunction with the approved Planned Development
Permit (PLN20100-162). 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.
2. Replacement Trees: The Final Landscaping Plan shall indicate a indicate that forty
of the over 100 new proposes 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.
3. Water District Trees: Trees located near the property line and identified for removal
along San Tomas Aquino Creek shall be clearly identified whether they are inside or
outside of the project limits. Trees found to be located outside of the project limits
are not covered by this Tree Removal Permit and require Water District approval to
remove.
Planning Commission Resolution No. 4012
PLN2010-164 - 700 Gale Drive -Tree Removal Permit
Page 3
PASSED AND ADOPTED this 25th day of January, 2011, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alster, Ebner, Resnikoff, Reynolds and Roseberry
Gibbons
None
None
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APPROVED: /~ ,w.
Bob Roseberry, hair
ATTEST:
Paul Kerm yan, Acting Secretary