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CC Resolution 12655 RESOLUTION NO. 12655 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING OF A TREE REMOVAL PERMIT TO ALLOW REMOVAL OF SEVENTEEN (17) PROTECTED TREES ON PROPERTY 16179 E. MOZART AVENUE . FILE NO.: PLN2019-148 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 approval of a Tree Removal Permit: 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 1. The Proposed Project is application for a Zoning Map Amendment to rezone the Project Site from R-1-6 (Single-Family Residential) to P-D (Planned Development); a Planned Development Permit to allow construction of 25- single-family homes, five accessory dwelling units (4 detached and one interior), a new private street, and associated site, parking, and landscaping improvements; a Density Bonus to allow an 32.5% increase in the allowable density, use of State parking standards, and provision of two Very Low Income below-market-rate (BMR) units; a Tentative Vesting Subdivision Map to create 25 private lots and four common lots, and associated public and private easements; and a Tree Removal Permit to allow removal of 17 on-site protected trees. 2. The Project Site consists of an approximately 3.15-acre parcel located along E. Mozart Avenue, west of Bascom Avenue and north of Highway 85. 3. The Project Site is developed with five single-family residences that will be demolished as part of the proposed project. 4. The Project Site abuts single-family residential properties to the north and west and a professional medical office to the east. 5. The project includes demolition of all structures and re-grading of the property to the extent that retention of multiple existing trees would not be feasible or practical. As a result, the removal of trees is necessary for development of the project. 6. 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. 7. Protection measures for the trees to be retained have been incorporated as a Condition of Approval and as a mitigated measure in the Mitigated Negative Declaration for the project. City Council Resolution 126544 Page 2 of 2 Approving a Tree Removal Permit 16179 E. Mozart Avenue Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and 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 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 City Council approves a Tree Removal Permit to allow removal of seventeen (17) protected trees, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 17th day of November, 2020, by the following roll call vote: AYES: COUNCILMEMBERS: Waterman, Bybee, Resnikoff, Gibbons, Landry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVE04-•k-10,a0A1) Susan M. Lan ry, ayor ATTEST: chGi'it�Q Andrea nders, Acting City Clerk EXHIBIT A CONDITIONS OF APPROVAL Tree Removal Permit 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 to allow the removal of seventeen (17) trees as indicated on Sheet C3 (Existing Conditions, Demolition, and Tree Disposition Plan) of the Revised Project Plans, dated as received by the Planning Division on September 30, 2020, for property located at 16179 E. Mozart Avenue. This permit shall be valid only in conjunction with the associated Planned Development Permit and Tentative Vesting Subdivision Map. 2. Timing of Removal: The protected trees shall be removed only in conjunction with demolition of existing on-site structures upon issuance of a Demolition Permit, subject to the mitigation measures specified in the Mitigated Negative Declaration. 3. Replacement Trees: All protected trees shall be replaced at a one-to-one ratio with 24-inch or 36-inch box trees as specified by Campbell Municipal Code Section 21.32.100. The exact species of the replacement trees shall be determined by the Community Development Director based on the recommendations provided by in the Arborist Report prepared by Walter Levison, Consulting Arborist, as included as Attachment 3 of the Initial Study prepared for the project. A fee in-lieu (or in addition to) tree replacement shall not be required.