CC Resolution 12225RESOLUTION NO. 12225
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL PARTIALLY APPROVING 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 City Council finds as follows with regard to the partial approval of a Tree Removal
Permit (PLN2017-200):
Environmental Finding
1. The project is Categorically Exempt under Section 15304 of the California
Environmental Quality Act (CEQA) pertaining to minor alterations to land.
Evidentiary Findings
1. 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.
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.
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and
substantial additions that are designed to maintain and support the existing
City Council Resolution No.
Findings for Partial Approval of a Tree Removal Permit (PLN2017-200)
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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. Whereas the applicant's initial proposal, and public notice, had reflected a request to
remove a total of ten (10) trees, the applicant amended their request for the removal of
only seven (7) trees based on statements made at the July 25, 2017 Planning
Commission Meeting. The three trees removed from the applicant's initial request were
the three deodar cedar trees, numbered #7, 8, & 9, on the Tree Removal Permit
application located along Union Avenue.
8. During the July 25, 2017 Planning Commission meeting, the applicant noted the
ownership was amenable to the removal of only seven of the ten trees requested for
removal.
9. 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.
10. 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.
11. The three 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.
12. The proposed replacement trees will be a sufficient replacement for the removed trees
and will continue the diversity of tree species found in the community.
City Council Resolution No.
Findings for Partial Approval of a Tree Removal Permit (PLN2017-200)
Page 3 of 3
~ Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
13. 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
decision making body that there are no reasonable alternatives to preserve the trees
due to the site constraints.
14. 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.
15. 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 grants 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 5th day of September, 2017, by the following roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Waterman, Cristina, Landry, Resnikoff, Gibbons
None
None
None
APPROVED ~i~-i~11 ~~ ~`~i'./"~'
~zabeth "Liz"Gibbons, Mayor
ATTEST: ~~o~
Wendy ood, City Clerk
EXHIBIT A
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:
1. 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
i 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.
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