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PC Res 4233RESOLUTION NO. 4233 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2014-329) FOR THE RESIDENCES AT RAILWAY DEVELOPMENT LOCATED AT 208 8~ 226-328 RAILWAY AVENUE & 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 Planning Commission finds as follows with regard to the recommended approval of a Tree Removal Permit (PLN2014-329): Environmental Findin 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. Planning Commission Resolution No. 4233 Findings Recommending Approval of a Tree Removal Permit (PLN2014-329) Page 2 of 2 6. A tree survey prepared for the project cataloged 57 trees within 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 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 (PLN2014-329) for the Residences at Railway Development located at 208 8~ 226-328 Railway Avenue & a portion of 290 billion Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 11th day of August, 2015, by the following roll call vote: AYES: Commissioners: Reynolds, Kendall, Bonhagen, Dodd, and Rich NOES: Commissioners: None ABSENT: Commissioners Finch and Young ABSTAIN: Commissioners: None ~ APPROVED: C h~ D / ynt odd, Acting Chair ATTEST: Paul Ker oyan, Secretary 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: 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) and 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.