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PC Res 4402RESOLUTION NO. 4402 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT TO ALLOW REMOVAL OF THREE PROTECTED TREES ON PROPERTY LOCATED AT 1180 ABBOTT AVENUE. FILE NO.: PLN2017-155 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 file number PLN2017-155: The proposed project ("project") includes a Tentative Subdivision Map to create seven residential lots (PLN2016-318), Site and Architectural Review Permit for each of the seven residential structures (PLN2017-153), a Tree Removal Permit to allow for the removal of three protected trees (PLN2017-155), and a Mitigated Negative Declaration to satisfy CEQA requirements (PLN2017-154). 2. The project site consists of an 88,446 square foot lot (gross site area) located on Abbott Avenue, east of Laurance Hill Court. Abutting land uses include single-family residences to the north, south, east, and west. 3. The site is currently developed with one single-family residence and several accessory structures that will be demolished as part of the project. 4. The subject parcel is zoned R-1-9 (Single Family Residential) as shown on the Campbell Zoning Map and designated Low Density Residential (<4.5 units/gr. acre) as shown on the Campbell General Plan Map. 5. The subject parcel is within the boundaries of the San Tomas Area Neighborhood Plan (STANP) Plan, as incorporated within the Campbell General Plan, Appendix A1. 6. The proposed density of approximately 3.27 units per gross acre is consistent with the maximum density permitted by the Low Density Residential (< 4.5 units/gr. acre) General Plan land use designation. 7. An Arborist Report was prepared on May 3, 2017 by Wendy C. Fisher of Live Oak Associates for the project. A peer review of the Arborist Report was prepared on June 13, 2017 by Richard Lessner of Monarch Consulting Arborists LLC for the project. 8. The removed trees will be replaced with new trees as required by the City's Tree Preservation Ordinance. 9. The City of Campbell provided a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND) to the public via the Campbell Express, the County Clerk, and on the City website. The NOI included a 20-day public review period pursuant to the California Environmental Quality Act Guidelines. The 20-day public review period began on May 11, 2017 and the public was invited and encouraged to submit Planning Commission Resolution No. 4402 PLN2017-155 - 1180 Abbott Ave. -Tree Removal Permit Paae 2 of 2 comments in writing regarding the draft MND and/or attend the June 27th Planning Commission Public Hearing. No comments have been received on the draft MND. As confirmed by an Arborist Report prepared on behalf of the City, the trees proposed to be removed are in a poor condition. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. On the basis of the Arborist Report, the three trees to be removed are diseased or present 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 their removal. 2. On the basis of the Initial Study, and as supported by substantial evidence, the project will not have a significant effect on the environment due to the application of uniformly applicable development policies and incorporation of project-specific conditions of approval and mitigation measures. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Tree Removal Permit (PLN2017-155), subject to the attached Recommended Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 8th day of August, 2017, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: APPROVED: ~ ~~~ ~/s ~/` Yvonne Kendall, Chair ATTEST: %'~~ Paul Ke ~moyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tree Removal Permit (PLN2017-155) 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 (PLN2017-155) to allow the removal of three (3) protected trees on property located at 1180 Abbott Avenue. This permit shall be valid only in conjunction with the associated Tentative Subdivision Map (PLN2016-318) and Site and Architectural Review Permit (PLN2017- 153). 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 three (3) 24-inch box trees. The Community Development Director shall approve the species of the replacement trees. 4. Security deposits and maintenance bond. The applicant shall post a security deposit with the City in an amount equal to $17,600, the appraised value of tree #1083, the 26- inch valley oak (Quercus lobata) tree proposed for transplant. The security deposit shall be held by the City of Campbell for a period of five years designed to ensure long term maintenance of the tree. The security deposit may, in the reasonable discretion of the Community Development Director, be refunded upon a determination that the tree has been preserved in compliance with the City's Tree Preservation Ordinance. 5. Additional Conditions of Approval: In addition to the tree preservation mitigation measures provided in the resolution approving the Tentative Subdivision Map (PLN2016-318), the project shall be subject to the following conditions of approval: a. Place all trees to be retained and tree protection locations on all plans including the stormwater, utility, and landscape plans. Clearly mark trees to be removed with bold <<X„ b. Require the company transplanting tree #1083 to provide written work specifications describing how the tree will be moved, when, how much root area is to be retained, quantified pruning specifications, watering requirements and implementation, along with an aftercare program and schedule all according to ANSI A300 (Part 6) 2005 Transplanting Tree, Shrub, and other Woody Plant Maintenance - Standard Practices parts 1-10. In particular, the specifications should include the following: EXHIBIT A Mark the north side of the tree and install with the same cardinal orientation as existed prior to transplanting. ii. Dig the planting hole well ahead of transplanting to evaluate any unforeseen soil conditions or obstructions. iii. Dig the hole sufficiently large enough to accommodate backfill soil that can encourage root growth and development. iv. Avoid cracking or breaking the rootball. v. After planting the tree should be anchored with guy wires or similar material to avoid shifting in the planting hole. vi. To the greatest extent possible, transplant the tree during the dormant period after the leaves drop in the fall and prior to bud break in the spring. Avoid transplanting during heat waves or times when frost or extreme low temperatures are expected. c. Move the tree according to Best management practices: tree planting. Champaign, IL: International Society of Arboriculture, 2014. d. Tree protection locations should be marked before any fence contractor arrives. e. Prior to beginning work, all contractors involved with the project shall attend a preconstruction meeting with the project arborist to review the tree protection guidelines. Access routes, storage areas, and work procedures shall be discussed. f. All tree pruning or removals shall be performed by a qualified arborist with a C- 61/D-49 California Contractors License. Tree maintenance care shall be specified in writing according to American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management: Standard Practices parts 1 through 10 and adhere to ANSI 2133.1 safety standards and local regulations. g. No storage of construction materials, debris, or excess soil shall be allowed within the Tree Protection Zone. Spoils from the trenching shall not be placed within the tree protection zone either temporarily or permanently. Construction personnel and equipment shall be routed outside the tree protection zones. h. Tree protection fence shall be established prior to the arrival of construction equipment or materials on site. Fence should be comprised of six-foot high chain link fence mounted on eight-foot tall, 1 7/8-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. Once established, the fence shall remain undisturbed and be maintained throughout the construction process until final inspection. Only through the direction of the project arborist shall the fence be moved or its location be modified unless indeed in the plan set. i. All sections of fencing shall be clearly marked with signs stating that all areas within the fencing are Tree Protection Zones and that disturbance is prohibited. Text on the signs should be in both English and Spanish (Appendix A of Arborist Report). j. Any trenching, construction or demolition that is expected to damage or encounter tree roots shall be monitored by the project arborist and should be documented.