CC Resolution 12058RESOLUTION NO. 12058
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING 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 Ciry Council finds as follows with regard to the approval of 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
2. The proposed project ("project") includes a Planned Development Permit (PLN2016-
263) to allow for the conversion of private patio areas to common open space,
conversion of second-story balcony areas into walkways, alterations to existing
staircases, 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.
3. 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.
4. 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).
5. Asa 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.
6. 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.
City Council Resolution
Findings for Approval of a Tree Removal Permit (PLN2016-266)
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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.
7. 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.
8. 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.
9. Removal of trees greater than 12-inches in diameter requires a Tree Removal Permit
under the City's Tree Protection requirements (CMC 21.32).
10. 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 City Council further finds and concludes
that:
11. 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 that there are no reasonable
alternatives to preserve the trees due to the site constraints and conflicts with proposed
improvements.
12. 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 City Council adopts a Resolution approving a
Tree Removal Permit (PLN2016-266) to allow for the removal of protected trees within two
City Council Resolution
Findings for Approval of a Tree Removal Permit (PLN2016-266)
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courtyards of an existing apartment community, subject to the attached Conditions of
Approval (attached Exhibit "A").
PASSED AND ADOPTED this 4th day of October, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Gibbons, Baker
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cristina
ABSTAIN: COUNCILMEMBERS: None
~ ~ ~_
APPROVED:
Ja on T. Baker, Mayor
ATTEST: ~l/
Wendy od, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Tree Removal Permit (PLN2016-266)
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 Reouired: 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.