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PC Res 4135RESOLUTION NO. 4135 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREIE REMOVAL PERMIT (PLN2013-146) TO ALLOW THE REMOVAL OF 12 TREES TO ALLOW THE CONSTRUCTION OF 18 RESIDENCES ON PROPERTY LOCATED AT 45-81 KENNEDY AVENUE. 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. PLN2013-146. 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 Medium Density Residential General Plan land use designation and the P-D (Planned Development) Zoning District. 3. The project will include the removal of 12 protected trees due to their location, which would prohibit the construction of the new residential buildings. 4. Twelve (12) ;?4-inch box replacement trees will be required, 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: 1. The retention of the protected 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. 3. There is a reasonable relationship and a rough proportionality between the conditions of approval arrd the impacts of the project. Planning Commission Resolution No. 4135 PLN2013-146- 45-81 Kennedy Ave -Recommending Approval of a Tree Removal Permit Page 2 THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN2013-146) to allow the removal of 12 trees to allow the construction of 1~8 residential units on property located at 45-81 Kennedy Avenue. 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 twelve (12) protected trees on property located at 45-81 Kennedy Avenue. This permit shall ibe valid only in conjunction with the approved Planned Development Permit (PLN2013-006). 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 at least twelve (12) 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. PASSED AND ADOPTED this 28th day of January, 2014, by the following roll call vote AYES: Cornmissioners: Dodd, Finch, Kendall, Resnikoff, Reynolds, and Rich NOES: Cornmissioners: None ABSENT: Commissioners None ABSTAIN: Cornmissioners: Roseberry ~ APPROVED: /~ ~ ~ °1 ~ ;ir r,J ~~ Paul Resnikoff, Chair ~" 1~r ATTEST: Paul Kerm an, Secretary