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CC Resolution 11763 RESOLUTION NO 11763 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL (PLN2014- 103) PERMIT TO ALLOW THE REMOVAL OF FIFTEEN TREES ON PROPERTY LOCATED AT 705 W HACIENDA 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 PLN2014-103: Environmental Finding 1 This project is Categorically Exempt under Section 15303 Class 3 (b) of the California Environmental Quality Act (CEQA) pertaining to the construction of four dwelling units and Section 15315 Class 15 of the California Environmental Quality Act (CEQA) pertaining to the division of property in urbanized areas into four or fewer developable parcels when the division is in conformance with the City's General Plan and Zoning Code. Evidentiary Findings 1 The proposed project ("project") includes a Planned Development Permit (PLN2013- 134) to allow the construction of four duet-style townhomes, a Tentative Subdivision Map (PLN2013-135) to create four residential lots and one common lot, a Tree Removal Permit (PLN2014-103) to allow for the removal of fifteen trees, and a Parking Modification Permit (PLN2014-194) to allow for two uncovered parking spaces to be provided in lieu of two covered parking spaces, on property located at 705 W Hacienda Avenue. 2. The project site is a .34 net acre property 3. The project site is generally located on the north side of W Hacienda Avenue, between Virginia Avenue to the west and Capri Drive to the east. 4 The project site is zoned P-D (Planned Development). 5. The project site is designated Low to Medium Density Residential (6-13 units/Gr Acre) The entire project site is within the boundaries of the San Tomas Area Neighborhood Plan. 6 The proposed Tree Removal Permit may be approved concurrently and subject to a Planned Development Permit, Tentative Subdivision Map, and Parking Modification Permit 11763 City Council Resolution No Approving a Tree Removal Permit File No PLN2014-103 Page 2 7 A tree survey was prepared for the project by Mark Beaudoin (Certified Arborist; WC 01860) which cataloged 15 trees within the project site (five of which are protected). 8 Removal of trees greater than 12-inches in diameter requires a Tree Removal Permit under the City's Tree Protection requirements (CMC 21 32) 9 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 all 15 (fifteen) onsite trees is necessary to accommodate the demolition and re-grading of the property and construction of the proposed buildings, driveways, parking spaces, and offsite improvements. 10 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 THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit (PLN2014-103) to allow the removal of fifteen trees, subject to the attached recommended Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 6~h day of January 2015 by the following roll call vote. AYES COUNCILMEMBERS Kotowski Resnikoff Gibbons Baker Cristina NOES COUNCILMEMBERS None ABSENT COUNCILMEMBERS None ABSTAIN. COUNCILMEMBERS None APPROVED ~ ATTEST u'L Anne Bybee, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Tree Removal Permit (PLN2014-103J 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 (PLN2013-103) to allow the removal of fifteen (15) on-site trees, as indicated Sheet A-1 0 (Existing/Demo Site Plan) of the Project .Plans, dates as received by the Planning Division on September 23 2014 This permit shall be valid only in conjunction with and subject to the approved Planned Development Permit (PLN2013-134) and Tentative Subdivision Map (PLN2013-135). 2. Time of Removal: The protected trees shall be removed in conjunction with demolition of existing on-site structures, subject to the conditions of approval for the Tentative Subdivision Map. 3 Replacement Trees: All protected tree shall be replaced at a minimum of a one-to-one ratio in accordance with CMC 21.32.100 Table 3-5 (Replacement Tree Requirements) to be noted with the project's 'final" landscaping plan.