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PC Res 4556RESOLUTION NO. 4556 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL DENY A TREE REMOVAL PERMIT TO ALLOW REMOVAL OF PROTECTED ON -SITE TREES FOR PROPERTY LOCATED AT 1700 DELL AVENUE. FILE NO.: PLN2017-381 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 PLN2017-381: Environmental Finding 1. An Environmental Impact Report (EIR) was prepared for the Proposed Project in accordance with the California Environmental Quality (CEQA). However, absent an affirmative decision on the Proposed Project, the EIR need not be certified since the Planning Commission's action to recommend denial is Statutorily Exempt pursuant to California Public Resource Code Section 21080(b)(5). Evidentiary Findings 1. The proposed project includes an application for a Zoning Map Amendment, Planned Development Permit, and Tree Removal Permit (PLN2017-381), and Final Environmental Impact Report (PLN2018-148) to allow construction of a 161,870- square-foot four-story office building, a 146,478-square-foot five -story parking garage (with one level of underground parking), additional surface parking, and on -site open space on property located at 1700 Dell Avenue in the City of Campbell. 2. The subject property is located at the corner of Knowles Drive and Dell Avenue within a developed area of the City and adjacent to the City's southern border with Los Gatos. Local access to the project site is provided via SR-85, Winchester Boulevard, Knowles Drive, and Dell Avenue. 3. Abutting land uses include the Los Gatos Creek Trail and Los Gatos Creek to the east and a mix of commercial, office, and light industrial uses to the north, west, and south. 4. The 4.5-acre project site is currently developed with a 71,620-square-foot office building and a surface parking lot. As of May 2018, roughly one third of the office space in the existing office building is occupied. The existing building is irregularly shaped and has areas that are single story, two stories, and three stories. Access to the property is gained via two driveway entrances on the western and southern portions of the site along Dell Avenue. The project site was developed with the existing building in 1975 and has operated as an office building since its initial construction. The building is located (approximately) within the middle of the project site with surface parking to the north, west, and south of the building. Planning Commission Resolution No. 4556 1700 Dell Avenue Denial of Tree Removal Permit (PLN2017-381 Page 2 of 2 5. The project site is designated by the Campbell General Plan Land Use Diagram as Research and Development. 6. The project site is not subject to an Area Plan or Design Guidelines. 7. The project site is currently designated by the Campbell Zoning Map as C-M (Controlled Manufacturing). 8. , By separate action, the Planning Commission has recommended denial of the Zoning Map Amendment and the Planned Development Permit for construction of a 161,870- square-foot four-story office building, a 146,478-square-foot five -story parking garage (with one level of underground parking), additional surface parking, and on -site open space. Without construction of the project the application for a Tree Removal Permit 'is an inoperative entitlement request as the existing property improvements will be maintained. Based upon the foregoing findings of fact, the Planning Commission 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 subject property. THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council deny a Tree Removal Permit to allow removal of protected on -site trees (PLN2017- 381) on property located at 1700 Dell Avenue in the C-M (Controlled Manufacturing) Zoning District. PASSED AND ADOPTED this 10th day of December, 2019, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN Commissioners: Commissioners: Commissioners: Commissioners: Colvill, Krey, Ostrowski, Rivlin Buchbinder,_ Hines Ching APPROVED: ATTEST: , Paul Ke moy n, Secretary