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CC Resolution 12131RESOLUTION NO. 12131 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2016- 280) TO ALLOW REMOVAL OF TWO WALNUT TREES ON PROPERTY LOCATED AT 96 E. RINCON AVENUE. FILE NO.: PLN2016-280 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 number PLN2016-280: 1. The project site is located along Rincon Avenue, between 3rd and 4th streets. 2. The project site is zoned P-D (Planned Development) on the City of Campbell Zonirig Map. 3. The project site is designated Low-Medium Density Residential (6-13 units/gr. acre) on the City of Campbell General Plan Land Use diagram. ' 4. The project site is not a "Developed single-family residential property" because it can be subdivided into additional lots under its current zoning designation. As such, any tree measuring 12-inches or greater in diameter is classified as a "protected" tree. 5. The proposed project is an application for a Planned Development Permit (PLN2016- 47) that would allow demolition of the existing residence and construction of two single-family residences, including a primary residence at the front of the property and smaller residence at the rear of the property. The proposed project also includes a Tree Removal Permit (PLN2016-280) to allow removal of two Walnut trees. 6. As confirmed by an Arborist Report prepared on behalf of the City, the walnut trees proposed to be removed are in a poor condition. 7. The subject trees are not healthy, mature, nor scenic. 8. The removed trees will be replaced with new trees as required by the City's Tree Preservation Ordinance. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The trees are diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices such that the public health or safety requires its removal. 2. Removal of the trees is Categorically Exempt under Section 15304 of the California Environmental Quality Act (CEQA) Guidelines, pertaining to alterations to landscaping. PLN2016-280 - 96 E. Rincon Ave. -Tree Removal Permit City Council Resolution PLN2016-280 - 96 E. Rincon Ave. -Tree Removal Permit Page 2 of 2 THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit (PLN2016-280), subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 21st day of March, 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAI N COUNCILMEMBERS: Waterman, Cristina, Resnikoff COUNCILMEMBERS: Landry, Gibbons COUNCILMEMBERS: None COUNCILMEMBERS: None APPRO\ ATTEST: ~, Wendy od, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Tree Removal Permit (PLN2016-280) `` 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 1. Approved Permit: Approval is granted for a Tree Removal Permit (PLN2016-280) to allow the removal of two Walnut trees on property located at 96 E. Rincon Avenue. This permit shall be valid only in conjunction with the associated Planned Development Permit (PLN2016-280). - 2. Time of Removal: The trees shall only be removed only upon commencement of construction of the approved building and site improvements. 3. Replacement Required: The landscaping plans included in the construction drawings for a building permit shall indicate planting two (2) 24-inch box tree. The Community Development Director shall determine the species of the replacement trees.