CC Resolution 11425RESOLUTION N0. ii4zs
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APROVING A TREE REMOVAL PERMIT
(PLN2012-100) TO ALLOW THE REMOVAL OF TWO
PROTECTED TREES ON PROPERTY LOCATED AT 125 S. SAN
TOMAS AQUINO ROAD. APPLICATION OF ARCADIA HOMES,
INC.
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 City Council finds as follows with regard to File No. PLN2012-100:
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 P-D (Planned
Development) Zoning District.
3. The project will include the removal of two protected trees due to their location, which
would prohibit the construction of the new residential buildings.
4. The proposed new landscaping shown on the proposed landscape plan is 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 City Council 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.
Conditions of Approval
Tree Removal Permit
PLN2012-100 - 125 S. San Tomas Aquino Road -
Page 1
Exhibit A
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 helshe 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.
PLANNING DIVISION
1. Approv_ e_ d_ Permit: APProval is granted for a Tree Removal Permit (PLN2012-100) to
allow the removal of two (2) protected trees on property located at 125 S. San Tomas
Aquino Road. This permit shall be valid only in conjunction with the approved
Planned Development Permit (PLN2011-255) and Tentative Vesting Subdivision Map
(PLN2012-256).
2. Time of Removal: The protected trees shall be removed in conjunction with demolition
of existing on-site structures.
City Council Resolution
PLN2012-100 - 125 S. San Tomas Aquino Road -Tree Removal Permit
Page 2
THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit
(PLN2012-100) to allow the removal of two protected trees on property located at 125 S.
San Tomas Aquino Road, subject to the attached Conditions of Approval (attached
Exhibit "A").
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.
PASSED AND ADOPTED this, 19th day of June, '2012 by the following roll call vote:
AYES: COUNCILMEMBERS: Cristina, saker, Waterman, Low, xotowski
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
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APPROy-
Michael F. Kotowski, Mayor
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ATTEST: ~/`"'`"~'~
Anne Bybee, City Clerk