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.
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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.
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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.
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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
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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
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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.