Loading...
CC Resolution 12460RESOLUTION NO. 12460 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2018-158) TO ALLOW REMOVAL OF ON -SITE PROTECTED TREES ON PROPERTY 1631 HACIENDA AVENUE. FILE NO.: PLN2018-158 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 find_ s as follows with regards to approval of a Tree Removal Permit (PLN201.8-158): Environmental Findi 1. An Initial Study has been prepared for the proposed 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. Evidentiarv' Findinas 1. The proposed project is application for a Zoning Map Amendment (PLN2018-155) to amend the Campbell Zoning Map to rezone the project site from R-1-9 (Single -Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2018- 156) to allow construction of six two-story single=family homes, an accessory dwelling unit, .a new private street, and associated site and landscaping improvements; a Tentative Subdivision Map (PLN2018-157) to create six private lots and one common lot, and associated public and private easements; a Variance (PLN2018-325) to allow retention of existing overhead utility lines and installation of a new utility pole on private property to serve the proposed development; and a Tree Removal Permit (PLN2018-158) to allow removal of on -site protected trees. 2. The project site consists of two parcels located along Hacienda Avenue, east of Harriet Avenue, which is developed with a single-family residence that will be demolished as part of the proposed project. 3. The project site is developed.wifh one single-family residence that will be demolished as part of the proposed project. 4. The project site abuts residentially zoned properties in all directions. 5. The project includes demolition of all structures and re -grading of the property to the extent that retention of multiple existing trees would not be feasible or practical. As a result, the removal of trees is necessary for development of the project. 6. The proposed replacement trees will be a sufficient replacement for the tree to be removed andwill continue the diversity of tree species found in the community. City Council Resolution 12460 Approving a Tree Removal Permit 1631 Hacienda Avenue — File No.: PLN2018-158 Page 2 of 2 Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The retention of ,the trees restricts 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 City Council that there are no reasonable alternatives to preserve the trees due to the number of site' constraints of the infill site. THEREFORE, BE IT RESOLVED that the City Council approves of a Tree Removal Permit (PLN2018-158) to allow removal of on -site protected trees, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 18th day of June, 2019, by the following roll call vote: AYES: COUNCILMEMBERS: Resnikoff, Bybee, Gibbons, Landry, Waterman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUN&ILMEMBERS: None APPROVED: Rich rd M. aterman, Mayor ATTEST: Wendy od, City Clerk J EXHIBIT A CONDITIONS OF APPROVAL Tree Removal Permit (PLN2018-158) 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 (PLN2018-158) to allow the removal of on -site trees as indicated on Sheet 2.0 of 12 (Demolition/Tree Removal Plan) of the Revised Project Plans, dated as received by the Planning Division on April 9, 2019, for property located at 1631 Hacienda Avenue. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2018-156) and Tentative Vesting Map (PLN2018-157). 2. Time of Removal: The protected trees shall be removed only in conjunction with demolition of existing on -site structures upon issuance of a Demolition Permit, subject to the mitigation measures specified in the Mitigated Negative Declaration. 3. Replacement Trees: All protected trees shall be replaced at a one-to-one ratio with 24-inch or 36-inch box trees, to be noted with the project's landscaping plan.