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CC Resolution 11882Attachment 2 RESOLUTION NO. 11882 . BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2015- 215) FOR PROPERTIES LOCATED AT 3175 S. WINCHESTER, 471 CHAPMAN DRIVE, AND 485 CHAPMAN DRIVE. 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. PLN2015-215: Environmental Finding 1. This project is Categorically Exempt uhder Section 15304 (class 4) of the California Environmental Quality Act (CEQA) pertaining to minor alterations in landscaping. Evidentiary Findings 1. The 3175 S. Winchester property is zoned P-D (Planned Development). 2. The 471 Chapman Drive and 485 Chapman Drive properties are zoned C2 (General Commercial). 3. One-hundred thirty-one (131) trees of 24 various species are located on the three properties including 107 trees on the Winchester Boulevard property, 11 trees at 471 Chapman Drive, eight (8) trees at 485 Chapman Drive', and five (5) trees at 1252 Walnut Drive. One street tree is located behind the property on Walnut Drive within the public right-of-way. An additional 13 street trees are located in :front of the property within the public right-of-way. d 4. A protected tree includes any tree or multi-trunk tree on a commercial property, with at least one trunk measuring twelve inches or greater in diameter, measured four feet above the adjacent grade. 5. Nineteen protected trees, located on the subject property, are being requested for removal and require a tree removal permit. All but one of the nineteen trees has been designated by the Arborist as having a 'low' probability of surviving. The'Arborist has described the other tree (tree #128) as having "dead and dying branches" at the top of the tree. 6. Removal of the 19 protected trees (one of which is greater than 24-inches in diameter) will not substantially diminish the aesthetic, environmental or economic importance of the neighborhood tree population because the applicant will replace the 19 trees with 41 trees for a total of 115 trees on the property, contributing to Campbell's small town quality and character. City Council_Resolution Tree Removal Permit PLN2015-215: 3175 S. Winchester, 471 Page 2 man Drive, and 485 Chapman Drive Based upon the foregoing findings of fact and pursuant to Campbell Municipal Code Sec. 21.12.030(H6), the City Council further finds and concludes that: 1. Approved Project: Approval is granted for a Tree Removal Permit (PLN2015-215) to remove 19 protected trees located on the subject property. 2. Tree Replacement: The applicant shall plant a minimum of forty-one (41) new 15- gallon sized trees or in the size and quantity approved by the City Council. The replacement trees shall be planted prior to final building permit issuance, unless accepted arboricultural practices dictate a preferential planting period for the species chosen as the replacement tree. 3. ~ Final decision/timing of tree removal: The trees shall not be removed until all conditions of the permit have been satisfied and the decision has become final. 4. Street trees. No City street tree(s) may be removed without a hearing of the Parks and Recreation Commission and approval by the City Council. THEREFORE, BE IT RESOLVED that the City Council approves a Tree removal permit (PLN2015-215) to remove 19 protected trees at 3175 S. Winchester, 471 Chapman Drive, and 485 Chapman Drive, 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: Councilmembers: Gibbons, NOES: Councilmembers: Kotowski ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Resnikoff, Raker, Cristina APPROVED: ATTEST: 2' Wen Wood, City Clerk