CC Resolution 11646RESOLUTION NO. 11646
BEING A RESOLUTION OF THE CITY.000NCIL OF THE CITY
OF CAMPBELL APPROVING A TREE REMOVAL PERMIT
(PLN2013-146) TO ALLOW THE REMOVAL OF 12 TREES TO
ALLOW THE CONSTRUCTION OF 18 RESIDENCES ON
PROPERTY LOCATED AT 45-81 S. BASCOM 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 City Council 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) 24-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 City Council 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 and the impacts of the project.
City Council Resolution
PLN2013-146- 45-81 Kennedy Avenue -Tree Removal Permit
Page 2
THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit
(PLN2013-146) to allow the removal of 12 trees to allow the construction of 18 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 be 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 that at least twelve (12)
trees (minimum 24-inch box size) will be 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 lath day of February , 2014, by the following roll call
vote:
AYES: COU nCllmemberS: Baker, Low, Kotowski; Cristina, Waterman
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
APPROVED:
Richard M. Waterman, Mayor
ATTEST:
Anne Bybee, City Clerk