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PC Res 4509RESOLUTION NO. 4509 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2018-239) TO ALLOW REMOVAL OF ON - SITE PROTECTED TREES ON PROPERTY 1429 AND 1445 WESTMONT AVENUE. FILE NO.: PLN2018-239 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 the recommended approval of a Tree Removal Permit (PLN2018-239): Environmental Finding 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. Evidentiary Findings The proposed project is application for a Zoning Map Amendment Zoning Map Amendment (PLN2018-237) to rezone the project site from R-1-6 (Single -Family . Residential) to P-D (Planned Development); a Planned Development Permit (PLN2018-215) to allow construction of six two-story single-family homes, a new _private street, and associated site and landscaping improvements;..a Tentative Subdivision Map (PLN2018-236) to create six private lots and one common lot, and associated public and private easements and allow the vacation of excess public right of way; and a Tree Removal Permit (PLN2018-239) to allow removal of on -site protected trees. 2. The approximately 1.25 acre project site is comprised of two single-family properties (1429 & 1445 Westmont Avenue) that are located on the north side of Westmont Avenue, between Harriet Avenue and Jasmine Court. The properties are developed with single -story single-family homes, several accessory structures, (i.e. shed, gazebo, and garage), and 21 trees (spanning both lots) which are all proposed to be removed. 3. The project site abuts residentially zoned, properties in all directions. 4. The project includes demolition of all structures and re -grading of the property to the extent that retention .of most existing trees would not be feasible or practical. As a result, the removal of trees is necessary for development of the project. 5. The proposed replacement trees will be a sufficient replacement for the tree to be removed and will continue the diversity of tree species found in the community. Planning Commission Resolution No. 4509 Page 2 of 2 Recommending Approval of a Tree Removal Permit 1429 and 1445 Westmont Avenue — File No.: PLN2018-180 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and creates any 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 Planning Commission 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 Planning Commission recommends approval of a Tree Removal Permit (PLN2018-239) to allow removal of on -site protected trees, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 28th day of May, 2019, by the following roll call vote: AYES: Commissioners: Ching, Hines, Rich, and Rivlin NOES: Commissioners: Krey ABSENT: Commissioners:Ostrowski ABSTAIN: Commissioners: APPROVED: I ATTEST: Paul Kermoyan, Secretary d EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tree Removal Permit (PLN2018-239) 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 (PLN2018-239) to allow the removal of on -site trees as indicated on the Revised Project Plans, dated as received by the Planning Division .on May 17, 2019, for property located at 1429 and 1445 Westmont Avenue. This permit shall 'be valid only in conjunction with the approved Planned Development Permit (PLN2018-215) and Tentative Subdivision Map (PLN2018- 236). 2. Time of Removal: The protected tree shall be removed in conjunction with demolition of existing on -site structures, subject to the mitigation measures specified in the Mitigated Negative Declaration. 3. Replacement Trees: All protected tree shall be replaced at a one-to-one ratio with 24-inch box trees to be noted with the project's landscaping plan. Additional trees shall be required as indicated on the Revised Project Plans, dated as received by the Planning Division on May 15, 2019.