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
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APPROVE:
~~ Michael F. Kotowski, Mayor
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ATTEST: _
Anne Bybee, City Clerk