CC Resolution 12361RESOLUTION NO. 12361
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A TREE REMOVAL PERMIT
(PLN2017-397) TO ALLOW FOR THE REMOVAL OF
PROTECTED TREES ON PROPERTY LOCATED AT 50
SHELLEY AVENUEo
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
Environmental Finding
An Initial Study has been prepared for the project which provides documentation for
the factual basis for concluding that a Mitigated Negative Declaration 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.
Further Evidentiary Findings
2. The proposed project ("project") includes a Planned Development Permit (PLN2017-
395) for the approval of site configuration, architectural design, increased fence
height and to create lots which do not have frontage on a public street, Tentative
Subdivision Map (PLN2017-394) to create four single family lots and one commonly
owned lot, Zoning Map Amendment (PLN2017-393) to change the zoning from R-M
(Multiple-_ Family Residential) to P-D (Planned Development), Tree Removal Permit
(PLN2017-397) to allow for the removal of three trees on the site, and a Parking
Modification Permit (PLN2018-137)-- to allow two assigned parking spaces to be
provided as guest parking.
3. The project site consists of a single parcel located on the southern side of Shelley
Avenue between White Oaks Road and Bascom Avenue.
4. The lot is currently developed with one single-family residence that will be demolished
as part of the proposed subdivision.
5. Abutting land uses include single-family homes to the west, and multi-family
residential properties to the north, east, and south.
6. The project site is zoned R-M (Residential Multifamily) as shown on the Campbell
Zoning Map and will be rezoned to P-D (Planned Development).
7. The project site is designated Low-Medium Density Residential (6-13 Units / Gr. Acre)
as shown on the Campbell General Plan Map.
City Council Resolution No. 12361
PLN201.7-397 - 50 Shelley Avenue -Tree Removal Permit
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The proposed residential land use, at a density of 7.8 units/gr. acre, is consistent with
the allowable land use and maximum density permitted by the Low-Medium Density
Residential General Plan land use designation.
8. The proposed Tree Removal Permit (PLN2017-397) may be approved concurrently,
and subject to a Planned Development Permit (PLN2017-395).
9. The proposed tree removal request would be consistent with the following General
Plan strategy:
Strategy LUT-17.1 b: Landscaping: Ensure that new developments provide new tree
plantings, shrubs, greenery and other landscaping materials, .and preserve existing
trees and shrubs.
10. A draft Mitigation Monitoring and Reporting Program has been provided
demonstrating the responsible party and phase of the project that each Mitigation
Measure shall be carried out.
11. A tree survey was prepared for the project by Monarch Consulting Arborists LLC
(Certified Arborist; WC 4341 B) which provided an inventory of six trees (five trees
located onsite), including three (3) deodar cedar trees which are a protected tree
species by City Code.
12. The permit would allow the removal of three trees, Tree #244 (22-inch diameter pine),
Tree #247 (20-inch diameter black acacia), and Tree #249 (15.5-inch deodar cedar),
as noted on the Tree Inventory, Assessment, and Protection Plan and will be
replaced with seven (7) new trees in compliance with the City's Tree Preservation
Ordinance. The replacement trees shall be 24-inch box minimum in size.
13. Tree #244 is approximately five feet from a proposed public sidewalk and
approximately 10-feet from~a proposed storm drain line.
14. Tree #247 (20-inch diameter black acacia) is considered an invasive tree species and
is within 10-feet of tree of a protected tree species (Tree #246 - 22-inch Deodar
Cedar).
15. Tree #249 is in conflict with the proposed location of main structures (House 4)
foundation.
16. The project has proposed 4 units where 5 units would be allowed.
17. Removal of protected trees greater than 12-inches in diameter requires a Tree
Removal Permit under the City's Tree Protection requirements (CMC 21.32).
18. 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.
City Council Resolution No. 12359
PLN2017-397 - 50 Shelley Avenue -Tree Removal Permit
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19: Special precautions shall be taken to minimize damage to offsite trees where pruning
or removal of onsite trees is proposed and branches of onsite trees are interwoven
with' those of offsite trees (if any).
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. ~ Tree #244 is in conflict with the location of a proposed offsite sidewalk and onsite
utilities and thereby satisfies finding CMC21.32.080.A.3. -Utility Interference 'for
'removal.
2. ~ Tree #247 (20-inch diameter black acacia) is crowding other protected trees to the
;extent that removal is necessary to ensure the long term viability of the adjacent tree
(Tree #246 - 22-inch Deodar Cedar) thereby satisfying finding CMC21.32.080.A.4. -
Overplanting for removal.
3. ;Tree #24'9 is in .conflict with the proposed location of main structures (House 4)
;foundation thereby satisfying finding CMC21.32.080.A.5. -Economic enjoyment and
hardship.
THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal .Permit
(PLN2017-397), subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 18th day of September, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS: Gibbons, Landry, Cristina, Waterman, Resnikoff
NOES: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
i~`
APPROVED:
Paul Resnikoff, Mayor
ATTEST: ~ ,
Wend od, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Tree Removal Permit - 50 Shelley Avenue (PLN2017-397)
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 arid 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 (PLN2017-397) to
allow the removal of three trees, Tree #244 (22-inch diameter pine), Tree #247 (20-
inch diameter black acacia), and Tree #249 (15.5-inch deodar cedar), as noted on the
Tree Inventory, Assessment, and Protection Plan stamped as received by the City of
Campbell Planning Department on April 6, 2018. All other trees on the property shall
be protected in accordance with the recommendations of the Tree Inventory,
Assessment, and Protection Plan. This permit shall be valid only in conjunction with,
and subject to the approved Planned Development Permit (PLN2017-395), Tentative
Subdivision Map (PLN2017-394), and Zoning Map Amendment (PLN2017-393).
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 Subdivision Map.
3. 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. The replacement trees shall be planted prior to building
permit final and maintained as.protected trees in perpetuity or a tree removal permit is
granted allowing their removal. If the trees die, they shall be replaced in kind, and
those replacement trees shall also be considered protected regardless of species,or
size.
4. Special Precautions -Tree Removal & Pruning: Special precautions shall be taken by
the contractor to minimize potential impacts to offsite trees. Where branches of onsite
trees are interwoven with the branches of trees located offsite, special care (e.g. hand
cut, or hand cut with power tools) shall be taken to minimize loss of canopy while
ensuring that the health and balance of offsite trees is not compromised.
5. Tree Removal Permit Required: The removal of any tree, irrespective of species or
size, which is shown on the approved project plans, shall require review and approval
through a Tree Removal Permit.