CC Resolution 11885Attachment 4
RESOLUTION NO. 11885
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2014-
329) FOR THE RESIDENCES AT RAILWAY DEVELOPMENT
LOCATED AT 208 8~ 226-328 RAILWAY AVENUE 8~ A PORTION
OF 290 DILLON 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 the recommended approval of a Tree
Removal Permit (PLN2014-329):
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
1. The proposed project ("project") is a planned residential development consisting of
157-units, comprised of 119 apartment units (rental) and 32 townhouse (for sale) and
six duet (for sale).units, and associated on- and off-site improvements, as well as
removal of existing on-site trees. The project includes applications fora Planned
Development for the approval of site configuration and architectural design, Vesting
Tentative Subdivision Map to create individual townhome, duplex and commonly
owned lots, Tree Removal Permit to allow for the removal of protected trees, Sign
Exception to allow for a large decorative sign element, and Variance to allow the
placement of a new service pole in association with the project's undergrounding of
overhead utilities.
2. The project site is an assemblage of thirteen parcels located on both sides of Railway
Avenue and also includes a small portion of the City Corporation Yard, located at the
end of Dillon Avenue, which all together totals 3.90 net acres (4.66 gross)..
3. The project site is generally bordered by the Avalon Apartment Community to the
" south, the remaining City Corporation Yard to the east, the VTA light rail line to the
west, and the Calvary Temple of Campbell (church),to the north.
4. The project site is zoned P-D (Planned Development) as shown on the Campbell
Zoning Map.
5. The proposed Tree Removal Permit may be approved concurrently, and subject to, a
Planned Development Permit.
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City Council Resolution No.
Approving a Tree Removal Permit (PLN2014-329)
Paae 2 of 2
6. A tree survey prepared for the project cataloged 57 trees withih and along the project
site (including 17 street trees, 20 off-site trees, and 20 on-site trees). The survey
identified 15 tree species. Removal of all 17 street trees and 20 on-site will be required
to accommodate the project, although the twenty off-site trees along the east boundary
would be preserved but may require pruning for vehicle access or building construction.
7. Approximately 4 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 by the April 2015
Arborist Report prepared by HortScience, Inc. & Sheet C1 -Existing Site Plan & Tree
Removal Plan of the Project Plans.
8. 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.
9. 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 uriusual 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 and City Council 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
(PLN2014-329) for- the Residences at Railway Development located at 208 8 226-328
Railway Avenue 8, a portion of 290 billion Avenue, subject to the attached Conditions
of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 15th day of September 2015, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Resnikoff, Kotowski, Baker, Cristina
COUNCILMEMBERS: Gibbons
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPROVED:
ATTEST:
Wendy ood, ity Clerk
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Tree Removal Permit (PLN2014-329)
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 (PLN2014-329) to
allow the removal of on-site and offsite trees as indicated as indicated by the April 2015
Arborist Report prepared by HortScience, Inc. & Sheet C1 -Existing Site Plan & Tree
Removal Plan of the Project Plans, dated as received by the Planning Division on July
16, 2015. This permit shall be valid only in conjunction with the approved Planned
Development Permit (PLN2014-323) arid Tentative Vesting Subdivision Map (PLN2014-
324).
2. 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.
3. 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.
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