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PC Res 4331RESOLUTION NO. 4331 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2016-266) TO ALLOW FOR THE REMOVAL OF PROTECTED TREES WITHIN TWO COURTYARDS OF AN EXISTING APARTMENT COMMUNITY LOCATED AT 225 UNION 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 (PLN2016-266): Environmental Finding 1. The project is Categorically Exempt under Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Evidentiary Findings The proposed project ("project") includes a Planned Development Permit (PLN2016- 263) to allow for the conversion of private patio areas to common open space, alterations to existing staircase, and installation of new lighting fixtures within two courtyards of an existing apartment community and Tree Removal Permit (PLN2016- 266) to allow removal of protected trees. 2. The project site consists of a single parcel (approximately 380,278 sq. ft. net) located on the west side of Union Avenue, east of Highway 17, south of E. Campbell Avenue, and north of Valley Drive. 3. The subject property is zoned P-D (Planned Development) and has a General Plan Land Use Designation of High-Density Residential (21-27 units/gr. acre). 4. As a developed site, the property has four distinct apartment building `clusters' (identified as Building 1 through 4 on the project plans), a combination of covered carports and garports, and a recreation building/leasing office and pool that is located at the rear of the site. The property further has 252 rental units and 408 onsite parking spaces. 5. The project, as conditioned, would be consistent with the following General Plan policies and strategies: Policy LUT-3.1: Variety of _ Residential Densities: Provide land use categories for and maintenance of a variety of residential densities to offer existing and future residents of all income levels, age groups and special needs sufficient opportunities and choices for locating in Campbell. Planning Commission Resolution No. " Findings Recommending Approval of a Tree Removal Permit (PLN2016-266) Page 2 of 3 Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Goal OPS-3: Ensure that new development provides and/or contributes toward additional open space, parks and recreational facilities. Policy OPS-3.1: Standards for Residential Projects: Ensure, the provision of private open space or recreational facilities in residential projects. Policy OPS-3.4c: Retention of Existing Private Open Space and Recreation Facilities: Explore incentives to encourage the retention of existing private open space and recreation facilities. 6. The project includes improvements to the interior courtyard areas such that the retention of the existing trees would not be feasible or practical. As a result, the removal of all cypress trees is necessary to accommodate the proposed onsite improvements. 7. Nine protected trees (cypress trees included as part of an approved landscape plan) are proposed for removal and will be replaced in compliance with the City's Tree Preservation Ordinance. 8. Removal of trees greater than 12-inches in diameter requires a Tree Removal Permit under the City's Tree Protection requirements (CMC 21.32). 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: 10. 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 site constraints. 11. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN2016-266) to allow for the removal of protected trees within Planning Commission Resolution No. Findings Recommending Approval of a Tree Removal Permit (PLN2016-266) Page 3 of 3 two courtyards of an existing apartment community, subject to the attached 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, and Kendall NOES: Commissioners: , ABSENT: Commissioners Rich ABSTAIN: Commissioners: APPROVED: ATTEST: Paul Kerrnoyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tree Removal Permit (PLN2016-26.6) 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 (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 (PLN2016-263). 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. 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. The trees species selected shall not be a "fruit tree" or "eucalyptus tree" as defined in the Campbell Municipal Code. Further, the applicant is encouraged to plant several eastern redbud trees in the central courtyards of Building 2 and 4 unless such selection would be incompatible with the proposed landscaping. Such determination shall be provided in writing by the project landscape architect, subject to review and approval by the Director of Community Development. In the event the services of a third-party arborist is required to assist in rendering a decision, the applicant shall be required to pay a $500.00 deposit to cover the cost of such services. 4. Tree Removal Permit Required: The removal of any tree, irrespective of species or size, which is shown on the approved project plans or final landscaping plan, shall require review and approval through a Tree Removal Permit.