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PC Res 4251RESOLUTION NO. 4251 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2015-38) FOR THE PROJECT LOCATED AT 1685 BUCKNALL ROAD. 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 (PLN2015-38): Environmental Finding 1. An Initial Study has been prepared for the Residential Development project located at 1685 Bucknall Road, and provides documentation for the factual basis for concluding that a Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of three residential units. Evidentiary Findir~s 1. The proposed project ("project") includes a Planned Development Permit (PLN2015- 35) to allow the construction of three (3), two-story, detached single-family townhomes; Tentative Parcel Map (PLN2015-36) to subdivide a parcel into four parcels including one commons lot, Zoning Map Amendment (PLN2015-37) to allow a PD zoning designation, and a Tree Removal Permit (PLN2015-38) on property located at 1685 Bucknall Road. 2. The project site is a .28 net acre property. 3. The project site is generally located on the north side of Bucknall Road, between Rachel Court to the west and Della Court to the east. 4. The project site is current zoned R-2 (Multi-family Residential) but the applicant has applied for a P-D (Planned Development) Zoning Map Amendment (PLN2015-37). 5. The project site has a General Plan Land Use Designation of Medium Density Residential (14-20 units/Gr. Acre). ] 6. The proposed Tree Removal Permit (PLN2015-38) may be approved concurrently, and subject to, a Planned Development Permit (PLN2015-35), Tentative Parcel Map (PLN2015-36;1, and Zoning Map Amendment (PLN2015-37). 7. A tree survey was prepared for the project by Monarch Consulting Arborists LLC (Certified Arborist; WC 4341 B). The project applicant's Arborist has provided an inventory of 26 trees located on the site, including twenty (20) trees are protected by City Code. Planning Commission Resolution No. 4251 Findings Recommending Approval of a Tree Removal Permit (PLN2015-38) Page 2 of 2 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, removal of the 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. 9. Eleven protected trees are proposed for removal and will be replaced with eight (8) new 24" box trees and three (3) new 36" box trees, in compliance with the City's Tree Preservation Ordinance. 10. Removal of trees greater than 12-inches in diameter requires a Tree Removal Permit under the City's Tree Protection requirements (CMC 21.32). 11. 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: 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 Planning Commission recommends approval of a Tree Removal Permit (PLN2015-38) for the Project located at 1685 Bucknall Road, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED tf' AYES: Comrnissioners: NOES: Comrnissioners: ABSENT: Commissioners ABSTAIN: Commissioners: its 27th day of October, 2015, by the following roll call vote: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich, and Young None None None APPROVED: Pamela Finch, Chair ATTEST: Paul Kermoyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tree Removal Permit (PLN2015-38) Where approval key 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 Perrnit: Approval is granted for a Tree Removal Permit (PLN2015-38) to allow the removal of twelve (12) on-site trees, as provided on page L1 of the project plans. This permit shall be valid only in conjunction with, and subject to the approved Planned Development Permit (PLN2015-35), Tentative Parcel Map (PLN2015-36), and Zoning Map Amendment (PLN2015-37). 2. Time of Removal: The trees may only be removed in conjunction with demolition of existing on-site structures, subject to the conditions of approval for the Planned Development Permit, Zoning Map Amendment, and Tentative Parcel 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.