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PC Res 4328RESOLUTION NO. 4328 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2016-277) TO ALLOW REMOVAL OF ONE PROTECTED TREE ON PROPERTY LOCATED AT 1223 W/~LNUT 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 Planning Commission finds as follows with regard to the recommended approval of a Tree Removal Permit (PLN2016-277): Environmental Finding 1. An Initial Study has been prepared for the project which provides documentation for the factual basis for concluding that a Negative Declaration (PLN2016-278) 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 2. The proposed project ("project") includes a Tentative Parcel Map (PLN2016-019) to create two residential lots and one common lot, Zoning Map Amendment (PLN2016- 275), to change the zoning designation from R-M (Multi-Family Residential) to P-D (Planned Development), a Planned Development Permit (PLN2016-276) to allow the construction of two (2) two-story detached single-family homes, a Tree Removal Permit (PLN2016-277) to allow for the removal of one protected tree, and a Negative Declaration (PLN2016-278). 3. The project site consists of a 10,011 square foot (net area) lot located on Walnut Drive between Wendell Drive and Hacienda Avenue. 4. The lot is currently developed with one single-family residence that will be demolished as part of the proposed project. 5. Abutting land uses include asingle-family residence to the south, single-family townhomes to the north and east, and a senior living facility to the west. 6. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre) as shown on the Campbell General Plan Map. 7. The proposed residential land use, at a density of approximately seven (7) 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. Planning Commission Resolution No. 4328 PLN2016-277 -Recommending Approval of a Tree Removal Permit -1223 Walnut Drive Page 2 of 3 8. The project site is zoned R-M (Multi-Family Residential) as shown on the Campbell Zoning Map and will be rezoned to P-D (Planned Development). 9. The tree removal permit may be approved concurrently, subject to approval of the Tentative Parcel Map, Zoning Map Amendment and Planned Development Permit. 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. One 13.6 inch Black acacia tree is proposed for removal. While it provides good screening, it is considered a nuisance and should be removed, as its roots are invasive towards water sources. 12. The applicant will be required to plant one additional 24-inch box tree to replace the removed tree. The replacement tree will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. 13. Nine (9) existing trees will remain on the property fora ,total (10) trees, exceeding the six-tree minimum requirement for this property (one tree per 2,000 square feet of net lot area). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The Black acacia tree is considered a nuisance and may cause significant damage to the existing main structure(s) and/or utility services where such interference cannot be controlled or remedied through reasonable modification/relocation of the utility services and/or reasonable modification of the tree's root or branch structure. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN2016-277) to allow for the removal of one protected tree on property located at 1223 Walnut Drive, subject to the .attached recommended Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 13th day of September, 2016, by the following roll call vote: AYES: Commissioners: Bonhagen, Dodd, Hernandez, Reynolds Young, Kendall NOES: Commissioners: ABSENT: Commissioners: Rich ABSTAIN: Commissioners: Planning Commission Resolution No. 4328 PLN2016-277 -Recommending Approval of a Tree Removal Permit -1223 Walnut Drive Page 3 of 3 APPROVED: thia Dodd, Chair ATTE ~ l `~ " Pau K rmoyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tree Removal Permit (PLN2016-277) 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 (PLN2016-277) to allow the removal of one (1) on-site tree, a Black acacia tree that it is considered a nuisance. This permit shall be valid only in conjunction with, and subject to the approved Tentative Parcel Map (PLN2016-019), Zoning Map Amendment (PLN2016-275), and Planned Development Permit (PLN2016-276). , 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.