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PC Res 4399RESOLUTION NO. 4399 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL PARTIALLY APPROVE A TREE REMOVAL PERMIT (PLN2017-200) FOR THE REMOVAL OF SEVEN OF THE TEN PROTECTED TREES REQUESTED FOR REMOVAL, IN AN EXISTING APARTMENT COMMUNITY (D.B.A. THE PARC AT PRUNEYARD) 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 (PLN2017-200): Environmental Finding The project is Categorically Exempt under Section 15304 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to land. Evidentiary Findings The proposed project ("project") is for a Tree Removal Permit (PLN2017-200) to allow removal of protected trees and an associated Planned Development Permit (PLN2016- 257) 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 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 has 143 rental units and 408 onsite parking spaces. The associated Planned Development Permit (PLN2016-257) would increase the number of parking spaces to 419. 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. 4399 Findings Recommending Partial Approval of a Tree Removal Permit (PLN2017-200) 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. Removal of trees greater than 12-inches in diameter requires a Tree Removal Permit under the City's Tree Protection requirements (CMC 21.32). 7. Ten protected trees are proposed for removal. 8. Seven of the ten protected trees proposed (Trees numbered #1, 3, 4, 5, 6, 13, & 14 on the Tree Removal Permit application) for removal appear to either be in conflict with proposed onsite improvements and/or have either declining health, poor structure and/or growth habit which can support their removal. 9. The three deodar cedar trees, numbered #7, 8, & 9 on the Tree Removal Permit application, do not appear to be in conflict with proposed improvements and do not appear to have any health issues which would meet the findings required to approve their removal. 10. The tree deodar cedar trees (Trees numbered #7, 8, & 9 on the Tree Removal Permit application) are located along Union Avenue and are among the most visible to the general public. 11. 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: 12. Seven of the ten trees (#1, 3, 4, 5, 6, 13 & 14) proposed for removal meet the findings for removal in that they appear to either be in conflict with proposed onsite improvements and/or have either declining health, poor structure and/or growth habit. The retention of these trees would restrict 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 Resolution No. 4399 Findings Recommending Partial Approval of a Tree Removal Permit (PLN2017-200) Page 3 of 3 decision making body that there are no reasonable alternatives to preserve the trees due to the site constraints. 13. Three of the deodar cedar trees, numbered #7, 8, & 9 on the Tree Removal Permit application, do not meet the findings for removal in that they do not appear to be in conflict with proposed improvements, which could lend toward supporting a finding of economic hardship and enjoyment. Further the trees do not appear to be diseased or in danger of falling, causing structure damage, interfering with utilities, are overcrowded (overplanted) which could support their removal. 14. 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 partial approval of a Tree Removal Permit (PLN2017-200) to allow for the removal of seven of the ten protected trees requested for removal within an existing apartment community, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 25th day of July, 2017, by the following roll call vote: AYES: Commissioners: Kendall, Rich, Hernandez, Reynolds, Young, Rivlin NOES: Commissioners: ABSENT: Commissioners: Dodd ABSTAIN: Commissioners: APPROVED: -` ~~~ ~ ~~~ ~// !~~~ vonne Kendall, Chair ~~%' -~ ATTEST: Bill Bruckart, Acting Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tree Removal Permit (PLN2017-200) 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: Approved Permit: Approval is partially granted for a Tree Removal Permit (PLN2017- 200) to allow the removal of seven (7) of the ten (10) trees requested for removal, including trees #1, 3, 4, 5, 6, 13, & 14 on the Tree Removal Permit as noted with a file creation date of June 9, 2017. The three deodar cedar trees, #7, 8, and 9 on the aforementioned tree removal permit application shall not be removed. This permit shall be valid only in conjunction with, and subject to the approval of Planned Development Permit (PLN2016-257). Trees 7, 8, and 9 on the tree removal permit application are not approved and shall not be removed under this permit. 2. Planned Development Permit: The Tree Removal Permit (PLN2017-200) is contingent upon the approval of the associated Planned Development Permit (PLN2016-257). 3. Application Fees: Prior to removal of any trees, the applicant shall pay $515 to cover the costs of the tree removal permit application for the removal of seven protected trees. 4. 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. 5. 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.