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CC Resolution 12566 RESOLUTION NO 12566 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2017-381) TO ALLOW FOR THE REMOVAL OF PROTECTED TREES ON PROPERTY LOCATED AT 1700 DELL AVENUE. 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 the proposed Tree Removal Permit application (PLN2017-381): Environmental Finding 1. A Final Environmental Impact Report (PLN2018-148) has been prepared for the project in accordance with the California Environmental Quality Act, which provides documentation for the factual basis for concluding that the project may have a significant effect on the environment as conditioned, but that substantial public benefits warrant a decision to override these impacts, as set forth in the accompanying Statement of Overriding Consideration. Evidentiary Findings 1. The proposed project ("project") includes a Planned Development Permit and Zoning Map Amendment (also filed under PLN2017- 381) for the approval of site and building configuration, including building height and Floor Area Ratio ("FAR") and to change the zoning from C-M (Controlled Manufacturing) to P-D (Planned Development). 2. The project site consists of a single parcel located adjacent to the corner of Knowles Drive and Dell Avenue, on the City's southern border with Los Gatos. 3. The project site, at 1700 Dell Avenue (Assessor's Parcel Number 424-33-094), is currently developed with a 71,620-square-foot office building and surface parking lot. 4. Abutting land uses include the Los Gatos Creek and Los Gatos Creek Trail to the east, and a mix of commercial, office, and light industrial uses to the north, west, and south. PLN2017-381 — Tree Permit Page 2 of 6 5. The project site is zoned C-M (Controlled Manufacturing) as shown on the Campbell Zoning Map and will be rezoned to P-D (Planned Development). 6. The proposed Tree Removal Permit may be approved concurrently with, and subject to, the Planned Development Permit and Zoning Map Amendment (also filed under PLN2017-381). 7. The findings of fact set forth in Ordinances 2262 and 2263, approving the Planned Development Permit and Zoning Map Amendment, are hereby incorporated by this reference. 8. A tree survey was prepared for the project by Walter Levinson Consulting Arborist (ASCA Registered Consulting Arborist #401), which is included in the appendices to the Draft EIR, and is entitled Assessment of and Recommendations for 26 Protected-Size Trees at 1700 Dell Avenue Campbell. CA. 9. The Tree Removal Permit (PLN2017- 397) would allow for the removal of eight trees on the site, including Tree #6, Tree #7, Tree #8, Tree #15, Tree #16, Tree #22, Tree #25, and Tree #26, as identified on the project's Arborist assessment. The trees are described as follows: a. Tree #6 is a 13" Evergreen pear in fair condition with a large pruning wound at 7 feet. b. Tree #7 is a 11 .4" Evergreen pear in poor condition with poor pruning (split scar) at 6 feet. c. Tree #8 is a 26.3" Canary Island pine in good condition with tree root expansion that is causing displacement of existing asphalt and curb work in the vicinity. d. Tree #15 is a 27.3" Deodar cedar in good condition but is within the sidewalk area. e. Tree #16 is a 23.9" Deodar cedar in good condition but is within the sidewalk area. f. Tree #22 is a 17.8" Australian willow in poor condition with a trunk expansion that is causing severe asphalt cracking and heaving. The tree also has a codominant mainstem fork at 3 feet. g. Tree #25 is a 16" Flowering pear cultivar (likely `Bradford') in poor condition with tight forks noted at 8 feet. PLN2017-381 — Tree Permit Page 3 of 6 h. Tree #26 is a 12.9" Flowering pear cultivar (likely 'Bradford') in poor condition with tight forks noted at 8 feet and bacterial fireblight infection expressed as twig and foliar dieback. 10.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. 11.Transplanting Trees #15 and #16 is infeasible because there is a low likelihood of survival (30 to 50 percent, in a best case scenario), with risks compounded by the fact that the relocation site has a significant slope differential, which results in uneven saturation during irrigation and threatens the health of the trees. Walter Levinson has determined that it is very likely that the trees, if transplanted, will decline and die prematurely as a direct result of their trunk sizes. 12.The project landscape plan, proposes sixty-four (64) 24" box trees to replace the eight (8) removed trees and, while the City's tree replacement standards require six (6) 24" box trees and two (2) 36" box trees; however, the City Council find that the 58 additional 24" box trees are a sufficient replacement for the two (2) 36" box trees, and that this replacement plan is consistent with City laws and regulations. 13.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. Based upon the foregoing findings of fact, the City Council finds and concludes that: 1. Tree #6 is a 13" Evergreen pear in fair condition with a large pruning wound at 7 feet. a. Tree #7 is a 11.4" Evergreen pear in poor condition with poor pruning (split scar) at 6 feet and thereby satisfies findings CMC21 .32.080.A.1 and CMC21.32.080.A.2. PLN2017-381 — Tree Permit Page 4 of 6 b. Tree #8 is a 26.3" Canary Island pine in good condition with tree root expansion that is causing displacement of existing asphalt and curb work in the vicinity, thereby satisfying findings CMC21 .32.080.A.2 and CMC21.32.080.A.5. c. Tree #15 is a 27.3" Deodar cedar is within the sidewalk area and transplanting the tree has only a 30 to 50 percent chance of success, with risks compounded by the fact any relocation site has a significant slope differential, thereby satisfying finding CMC21.32.080.A.5. d. Tree #16 is a 23.9" Deodar cedar is within the sidewalk area and transplanting the tree has only a 30 to 50 percent chance of success, with risks compounded by the fact any relocation site has a significant slope differential, thereby satisfying finding CMC21 .32.080.A.5. e. Tree #22 is a 17.8" Australian willow in poor condition with a trunk expansion that is causing severe asphalt cracking and heaving, and the tree also has a codominant mainstem fork at 3 feet, thereby satisfying findings CMC21.32.080.A.1 and CMC21.32.080.A.2. f. Tree #25 is a 16" Flowering pear cultivar (likely `Bradford') in poor condition with tight forks noted at 8 feet, thereby satisfying findings CMC21.32.080.A.1 and CMC21.32.080.A.2. g. Tree #26 is a 12.9" Flowering pear cultivar (likely `Bradford') in poor condition with tight forks noted at 8 feet and bacterial fireblight infection expressed as twig and foliar dieback, thereby satisfying findings CMC21.32.080.A.1 and CMC21.32.080.A.2. THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit (PLN2017-381), subject to the attached Conditions of Approval (Exhibit A). PASSED AND ADOPTED this 3rd day of March, 2020, by the following roll call vote: AYES: COUNCILMEMBERS: Waterman, Resnikoff, Gibbons NOES: COUNCILMEMBERS: Bybee, Landry ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: S M. Landry, Mayor ATTEST: /42,61,,1Wy Wood, City Clerk PLN2017-381 — Tree Permit Page 5 of 6 EXHIBIT A: CONDITIONS OF APPROVAL Tree Removal Permit — 1700 Dell Avenue (PLN2017-381) 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 Planning Division 1 . Approved Permit: Approval is granted for a Tree Removal Permit (PLN2017-397) to allow the removal of eight trees: Tree #6, Tree #7. Tree #8, Tree #15, Tree #16, Tree #22, Tree #25, and Tree #26, as identified on the project's Arborist assessment prepared by Walter Levinson Consulting Arborist (ASCA Registered Consulting Arborist #401), entitled Assessment of and Recommendations for 26 Protected-Size Trees at 1700 Dell Avenue Campbell. CA. 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 and Zoning Map Amendment (PLN2017-381). 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 and Zoning Map Amendment. 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, or as modified in the findings accompanying approval of the Tree Removal Permit. 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 PLN2017-381 — Tree Permit Page 6 of 6 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.