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PC Res 4169RESOLUTION NO. 4169 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2014-191) TO ALLOW THE REMOVAL OF ON-SITE PROTECTED TREES ON PROPERTIES LOCATED AT 230, 280, 282, AND 290 (PORTION) DILLON AVENUE; 466, 472, 482, AND 488 SAM CAVA LANE; AND 186 GILMAN 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. PLN2014-191 Environmental Finding 1. On the basis of the Infill Environmental Checklist, and as supported by substantial evidence, the project will not have a significant effect on the environment due to mitigation measures adopted in a previous Environmental Impact Report (EIR), application of uniformly applicable development policies, and incorporation of project- specific mitigation measures agreed to by the project proponent, as specified by the draft Mitigated Negative Declaration. Evidentiary Findings The proposed project ("project") is a planned residential development consisting of 81 townhome units (fee title ownership), 19 apartment (rental) units, and associated on- and off-site improvements, as well as removal of existing on-site trees. The project includes applications for a Planned Development Permit, Vesting Tentative Subdivision Map, and a Tree Removal Permit. 2. The project site is a 4 '/z acre assemblage of ten properties, including three associated with the former Biddle Roofing company, two encompassing the Haig Precision machining company, four single-family rental properties, one property developed with a multi-tenant industrial building, as well as a small (less than a quarter acre) portion of the City's corporation yard. 3. The project site is generally located near the southeast intersection of Sam Cava Lane and Dillon Avenue, abutting the Campbell Public Works Maintenance Corporation Yard to the south and the Los Gatos Creek Trail to the west. 4. A tree survey prepared for the project cataloged 118 trees within and along the project site (including 30 off-site trees along the creek trail within Water District property and six City street trees). The survey identified 25 tree species including a large number of almond, pepper, oak, and redwood trees. Removal of most on-site trees will be required to accommodate the project, although existing live oak trees along the creek trail would not be removed. Planning Commission Resolution No. 4169 Recommending Approval of a Tree Removal Permit File No.: PLN2014-191 Page 2 5. Approximately 30 trees will require approval of a Tree Removal Permit as the City's Tree Protection Ordinance requires a permit to remove any tree 12-inches in diameter or greater (with the exception of fruit and Eucalyptus trees), as indicated on Sheet C-2 (Existing Site Plan and Tree Removal Plan) of the Project Plans. 6. The project includes demolition of all structures and re-grading of the property to the extent that retention of the existing trees would not be feasible or practical. As a result, the removal of trees is necessary for development of the project. 7. 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: 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. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN20140-191) to allow the removal of on-site protected trees, subject to the attached recommended Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 23rd day of September, 2014, by the following roll call vote: AYES: Commissioners: Finch, Kendall, Reynolds, and Rich NOES: Commissioners: Dodd and Young ABSENT: Commissioners: None ABSTAIN: Commissioners: Resnikoff r - APPROVED: 1 amela Fi ch, ting Chair . ~ - -- ATTEST: _T_ ~ '~ __ Paul Kw3rmoyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tree Removal Permit (PLN2014-191) 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 1. Approved Permit: Approval is granted for a Tree Removal Permit (PLN2014-191) to allow the removal of on-site trees as indicated Sheet C-2 (Existing Site Plan and Tree Removal Plan) of the Revised Project Plans, dates as received by the Planning Division on September 9, 2013. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2013-337) and Tentative Vesting Subdivision Map (PLN2013-339). 2. Walnut Tree: The walnut tree identified as tree #829 on Sheet C-2 shall be retained if determined feasible by the Community Development Director. 3. Time of Removal: The protected trees shall be removed in conjunction with demolition of existing on-site structures, subject to the mitigation measures incorporated into the conditions of approval for the Vesting Tentative Subdivision Map. 4. Replacement Trees: All protected tree shall be replaced at a one-to-one ratio with 24- inch box trees to be noted with the project's "final" landscaping plan.