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CC Resolution 11427RESOLUTION N0. ii4z~ BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APROVING A TREE REMOVAL PERMIT (PLN2011-319) TO ALLOW THE REMOVAL OF FOUR PROTECTED TREES ON PROPERTY LOCATED AT 2135 S. WINCHESTER BOULEVARD. APPLICATION OF MR. KENNETH RODRIGUES. FILE NO.: PLN2011-319. 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. PLN2011-319: 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 four protected trees due to their location, which would prohibit the construction of the new residential buildings. 4. The planting of over 10 on-site 24-inch box replacement trees 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. 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. City Council Resolution PLN2011-319 - 2135 S. Winchester Boulevard -Tree Removal Permit Paae 2 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 City Council approves a Tree Removal Permit (PLN2011-319) to allow the removal of four protected trees on property located at 2135 S. Winchester Boulevard. 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 (PLN2011-319) to allow the removal of four (4) protected trees on property located at 2135 W. Winchester Boulevard. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2011-318). 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 that ten (10) on-site trees are being planted as replacement trees pursuant to the tree removal permit approved herein. All trees planted on site shall be at least 24-inch box in size. 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. PASSED AND ADOPTED this 19th day of Jae , 2012, by the following roll call vote: AYES: COUNCILMEMBERS: cristina, saxer, xotows3ci NOES: COUNCILMEMBERS: Waterman, Low ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ,-__ ~ ~ ~~ ~~~ tr ~z / _ ~~. APPROVE: ~~ Michael F. Kotowski, Mayor ,~ .' ATTEST: _ Anne Bybee, City Clerk