CC Resolution 12065RESOLUTION NO. 12065
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A TREE REMOVAL PERMIT
(PLN2016-277) TO ALLOW REMOVAL OF ONE PROTECTED
TREE ON PROPERTY LOCATED AT 1223 WALNUT 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 City Council finds as follows with regard to File No. 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 WencJell 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/g r.
acre, is consistent with the allowable land use and maximum density permitted by the
Low-Medium Density Residential General Plan land use designation.
City Council Resolution
PLN2016-277 - Approving a Tree Removal Permit -1223 Walnut Drive
Page 2 of 2
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 (g) existing trees will remain on the property for a 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 City Council 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 City Council approves a Tree Removal Permit
(PLN2016-277) to allow for the removal of one protected tree, subject to the attached
recommended Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 18~h 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: ~ ~ G'----
Ja on T. Baker, Mayor
ATTEST: r
Wendy ood, City Clerk
EXHIBIT A
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.