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.