Loading...
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 Paae2of3 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 Page 3 of 3 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.