CC Resolution 12517i
RESOLUTION NO. 12517
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING A TREE REMOVAL PERMIT (PLN2017-118)
TO ALLOW REMOVAL OF PROTECTED ON -SITE TREES FOR
PROPERTY LOCATED AT 499 E. HAMILTON AVENUE. FILE NO.:
PLN2017-118
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 File Number PLN2017-118:
Environmental Finding
1. An Environmental Impact Report (EIR) was prepared for the Proposed Project in
accordance with the California Environmental Quality (CEQA) and considered by the
Planning Commission and City Council. However, absent an affirmative decision on the
Proposed Project, the EIR need not be certified since the City Council's action to deny
is Statutorily Exempt pursuant to California Public Resource Code Section 21080(b)(5).
Evidentiary Findings
1. The Project site is a 1 '/4 acre ;parcel located at the northwest corner of East Hamilton
Avenue and Almarida Drive, approximately 350 feet west of the Southbound Highway 17
off -ramp and '/3 mile from the Hamilton Light Rail Station.
2. The Project Site is within the C-2 (General Commercial) Zoning District as shown on the
City of Campbell Zoning Map.
3. The Project Site is designated General Commercial as shown on the General Plan Land
Use Diagram.
4. The Proposed Project is an application for a Conditional Use Permit with Site and
Architectural Review (PLN2017-117) to allow construction of a 3,812 square -foot 97-seat
fast-food restaurant with a 28-vehicle double drive -through lane with outdoor activities
(drive -up window), a 48-seat outdoor dining area, late -night hours, and associated site,
lighting, parking, refuse collection, and landscaping improvements, including a Minor
Alteration to the Hamilton Avenue Streetscape Standards and an adjustment to the
landscape requirements, and an increase to the allowable fence height; a Tree Removal
Permit (PLN2017-118) to allow removal of protected on -site trees; a Sign Permit
(PLN2017-119) to allow a greater number of signs and an increased sign area to permit
installation of new directional, informational/menu, "running neon," and building wall
signs; and certification of a Final Environmental Impact Report (FEIR) (PLN2017-120).
5. By separate action, the City Council has denied the Conditional Use Permit with Site and
Architectural Review (PLN2017-117) element of the Proposed Project for construction of
the fast-food restaurant. Without construction of the new building, the application for a
City Council Resolution 12517
499 E. Hamilton Avenue — In-N-Out Burger
Denial of Tree Removal Permit (PLN2017-11
Page 2 of 2
Tree Removal Permit is an inoperative entitlement request as the existing property
improvements will be maintained.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
Tree Removal Permit Findings (CMC Sec. 21.32.080.A.5):
1. The retention of the trees neither restricts the economic enjoyment of the property nor
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 not 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 denies a Tree Removal Permit
(PLN2017-118) to allow removal of protected on -site trees, for property located at 499 E.
Hamilton Avenue.
PASSED AND ADOPTED this 5th,day of November, 2019, by the following roll call vote:
AYES: COUNCILMEMBERS: Bybee, Gibbons, Landry,
NOES: COUNCILMEMBERS: Resnikoff, Waterman
ABSENT: COUNCILMEMBERS: None
ABSTAIN: 'COUNCILMEMBERS: None
APPROVED:
Rich rd M. Waterman, Mayor
ATTEST: 2.
Wendy od, City Clerk