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11 - PC Res 4539RESOLUTION NO. 4539 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT FOR THE PARKVIEW MIXED USE DEVELOPMENT PROJECT LOCATED AT 540, 558 AND 566 EAST CAMPBELL AVENUE AND 24 AND 34 DILLON AVENUE. File No. PLN2016-382 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 the recommended approval of a Tree Removal Permit (PLN2016-382): Environmental Finding 1. An Initial Study has been prepared for the proposed project which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment as conditioned (PLN2016-381). Evidentiary Findings 1. The proposed project includes an application for a Zoning Map Amendment (PLN2016-383) to amend the Campbell Zoning Map to rezone the project site from P-D (Planned Development) to C-P-D (Condominium Planned Development); a Planned Development Permit with Density Bonus (PLN2016-378) to allow construction of a mixed -use development project consisting of 59 residential condominium units, two commercial spaces totaling 6,512 square feet, and associated improvements; a Tentative Subdivision Map (PLN2016-380) to create 59 "air space" residential condominium unit parcels, one commercial unit parcel, and one common lot with associated site improvements; and a Tree Removal Permit (PLN2016-382) to allow removal of on -site protected trees. 2. The project site consists of five parcels located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue that would be merged as part of the tentative subdivision map. 3. The project site is developed with a vacant auto center, a music store, and two unoccupied residential structures, all of which would be demolished as part of the proposed project. Planning Commission Resolution No. 4539 Page 2 of 3 Findings Recommending Approval of a Tree Removal Permit (PLN2016-382) i 4. Abutting land uses include commercial uses to the north, Campbell Park to the east, residential homes to the southeast, and commercial/industrial/office uses to the south and west. 5. The project site is designated by the Campbell General Plan Land Use Diagram as Central Commercial. ii 6. The project site is located in the East Campbell Avenue Master Plan (ECAMP) Area. 7. The project site is currently designated by the Campbell Zoning Map as P-D (Planned Development) and would be rezoned by to C-P-D (Condominium Planned Development). 8. The proposed Tree Removal Permit may be approved concurrently, and subject to, the Planned Development Permit (PLN2016-378). 9. An Arborist Report was prepared for the property and identified 13 trees on site, all of which would be removed, including three (3) protected street trees and four (4) protected on -site trees. The applicant will replace the seven (7) protected trees with eleven (11) 36" box trees or the applicant could be asked to pay an in -lieu fee. Non -protected trees do not require replacement. 10. The project includes demolition of all structures and re -grading of the property to the extent that retention of the existing trees would not be. feasible or practical. As a result, the removal of trees is necessary for development of the project. 11. 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: 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. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN2016-382) for the Parkview Mixed Use Development Project located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). Planning Commission Resolution No. 4539 Page 3 of 3 Findings Recommending Approval of a Tree Removal Permit (PLN2016-382) PASSED AND ADOPTED this 22nd day of October, 2019, by the following roll call vote: AYES: Commissioners: Buchbinder, Hines Krey, Ostrowski, and Rivlin NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Ching ATTEST: APPROVED: Paul Kermo�an, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tree Removal Permit (PLN2016-382) 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 Project: Approval is granted for a Planned Development Permit with a density bonus (PLN2016-378) to allow construction of a mixed -use development project consisting of 59 residential condominium units, two commercial spaces totaling 6,512 square feet, and associated improvements, in conjunction with, and subject to a Zoning Map Amendment (PLN2016-383); a Tentative Subdivision Map (PLN2016- 380); and a Tree Removal Permit (PLN2016-382) on properties located at 540, 558 and 566 East Campbell Avenue and 24 and 34 Dillon Avenue in the P-D (Planned Development) Zoning District. The project shall substantially conform to the Project Plans (including architectural, civil, and landscaping sheets), dated as received by the Planning Division October 16, 2019, except as may be modified by the Conditions of Approval herein. 2. Time of Removal: The protected trees shall be removed in conjunction with demolition of existing on -site structures, subject to the mitigation measures incorporated into the conditions of approval for the Planned Development Permit and the Vesting Tentative Subdivision Map. 3. Replacement Trees: All protected tree shall be replaced in accordance with CMC Section 21.32.100 (Replacement trees). The minimum number and size of replacement tree(s) shall be based on the number, size, and species of tree(s) approved to be removed. The species of replacement tree(s) shall continue the diversity of trees found in the community. The replacement trees shall be noted on the project's "final" landscaping plan.