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PC Res 4294RESOLUTION NO. 4294 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2015-310) TO ALLOW FOR THE REMOVAL OF PROTECTED TREES ON PROPERTY LOCATED AT 180 REDDING 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. Environmental Finding An Initial Study has been prepared for the project which provides documentation for the factual basis for concluding that a Mitigated 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 as conditioned. Evidentiary Findings The proposed project ("project") includes a Planned Development Permit (PLN2015- 305) for the approval of site configuration, architectural design and to create five residential lots which do not have frontage on a public street, Tentative Subdivision Map (PLN2015-0306) to create five single family lots and one commonly owned lot, Zoning Map Amendment (PLN2015-0307) to change the zoning from R-M (Multiple- Family Residential) to P-D (Planned Development), Parking Modification Permit (PLN2016-068) to allow uncovered parking in lieu of covered and Tree Removal Permit (PLN2015-310) to allow removal of protected trees. 2. The project site consists of a single rectangular parcel (15,470 sq. ft. net / 17,270 sq. ft. gross) located on Redding Road between White Oaks Road and S. Bascom Avenue. 3. The lot is currently developed with one single-family residence that will be demolished as part of the proposed subdivision. 4. Abutting land uses include a combination of two-unit and three-unit townhome rows to the north, two-unit townhome rows and single-family homes to the east, six-unit townhome rows to the south, and asingle-family residence to the west. 5. The project site is zoned R-M (Residential Multifamily) as shown on the Campbell Zoning Map and will be rezoned to P-D (Planned Development). 6. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre) as shown on the Campbell General Plan Map. Planning Commission Resolution No. 4294 PLN2015-310 - 180 Redding Road -Tree Removal Permit Page 2 of 3 7. The proposed residential land use, at a density of 12.6 units/gr. acre, is consistent with the allowable land use and maximum density permitted by the Low-Medium Density Residential General Plan land use designation. 8. The proposed Planned Development Permit may be approved concurrently, and subject to, a Tentative Subdivision Map, and Zoning Map Amendment. 9. The proposed tree removal request would be consistent with the following General Plan strategy: Strategy LUT-17.1 b: Landscaping: Ensure that new developments provide new tree plantings, shrubs, greenery and other landscaping materials, and preserve existing trees and shrubs. 10. The project proposes 15 parking spaces (10 covered, 5 uncovered), where 15 parking spaces (12.5 covered, 2.5 uncovered) are required which is allowed with the approval of the associated Parking Modification Permit (PLN2016-068) which allows for uncovered parking to be permitted in lieu of covered parking. 11. A draft Mitigation Monitoring and Reporting Program has been provided demonstrating the responsible party and phase of the project that each Mitigation Measure shall be carried out. 12. 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 15 trees located on the site, including four (4) trees protected by City Code. 13. The project includes demolition of all structures and re-grading of the property to the extent that retention of the majority of the existing trees would not be feasible or practical. As a result, removal of all but the three largest oak trees (#1, #10, & #11 on the Arborist Report) is necessary to accommodate the demolition and re-grading of the property and construction of the proposed buildings, driveways, parking spaces, and onsite improvements. 14. A total of twelve (12) trees are proposed for removal (one protected tree) and will be replaced with seventeen (17) new trees in compliance with the City's Tree Preservation Ordinance. 15. Removal of protected trees greater than 12-inches in diameter requires a Tree Removal Permit under the City's Tree Protection requirements (CMC 21.32). 16. 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: Planning Commission Resolution No. 4294 PLN2015-310 - 180 Redding Road -Tree Removal Permit Page 3 of 3 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 approves a Tree Removal Permit (PLN2015-310), subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 10th day of May, 2016, by the following roll call vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Dodd, Finch, Reynolds, Rich and Young None Bonhagen and Kendall None ~ ; , APPROVED: Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Tree Removal Permit - 180 Redding Road (PLN2015-310) 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 (PLN2015-310) to allow the removal of twelve trees (one protected), 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 (PLN2015-305), Tentative Subdivision Map (PLN2015-306), and Zoning Map Amendment (PLN2015-307). 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 Subdivision Map. 3. Replacement Trees: All protected tree(s) 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. Furthermore, where the project plans note the planting of dwarf and ultra-dwarf trees, these trees shall be of an evergreen variety. The trees species selected shall not be a "fruit tree" or "eucalyptus tree" as defined in the Campbell Municipal Code. 4. Tree Removal Permit Required: The removal of any tree, irrespective of species or size, which is shown on the approved project plans, shall require review and approval through a Tree Removal Permit.