CC Resolution 12697 RESOLUTION NO. 12697
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TREE REMOVAL PERMIT TO ALLOW
REMOVAL OF ON-SITE PROTECTED TREES ON PROPERTY
LOCATED AT 202 W. RINCON AVENUE. PROJECT FILE NO.:
PLN2018-225
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 recommended approval of a Tree Removal
Permit:
Environmental Finding
1. The project may be found Categorically Exempt under Section 15332 of the California
Environmental Quality Act (CEQA, pertaining to In-Fill Development Projects which are
found consistent with all applicable general plan policies, zoning regulations, are under
five acres in size, and substantially surrounded by urban uses. Further, the project
qualifies for the exemption on the basis the site has no value as habitat for endangered,
rare, or threatened species (i.e. wetland), the project will not result in any significant
effects related to traffic, noise, or air/water quality, and can be adequately served by all
required utilities and public services.
2. The proposed alterations to existing vegetation, may be found Categorically Exempt under
Section 15304 of CEQA, pertaining to alterations which do not involve the removal of
healthy, mature, scenic trees.
Evidentiary Findings
3. The proposed project includes a Planned Development Permit to allow the construction of
nine (9) single family residences, a new private street, and associated site and landscaping
improvements; a Tentative Subdivision Map to subdivide the site into nine (9) single-family
lots with one (1) common lot; a Parking Modification Permit to allow a reduction in the
number of required parking spaces; a Tree Removal Permit to allow the removal of one (1)
fruitless mulberry tree; and a Variance to allow the retention of existing overhead utility
lines and/or the placement of new poles for property located at 202 W. Rincon Avenue.
4. The project site is a .52 net acre lot located on the south side of Rincon Avenue, west of
Winchester Boulevard and east of San Tomas Expressway.
5. The site is currently developed with a single-family residence and several accessory
buildings that will be demolished as part of the project.
6. Abutting land uses include single-family residential homes to the south (R-1-6), a single
family home and apartment buildings to the east (both zoned R-2), attached townhomes to
the west (zoned P-D), and attached townhomes and apartment units to the north (zoned C-
PD and P-D respectively).
City Council Resolution No. 12697 Page 2 of 3
Approving a Tree Removal Permit
202 W. Rincon Avenue — Project File No.: PLN2018-225
7. The project site is designated by the Campbell General Plan Land Use Diagram as Medium
Density Residential (14-20 Units/Gr. Acre). The proposed project would result in a density
of approximately 15.8 units per gross acre, consistent with General Plan Land Use
Designation.
8. The property is zoned P-D (Planned Development).
9. The City of Campbell Tree Protection Regulations (CMC 21.32) protects all Heritage trees,
tree shown on an approved landscaping plan or required to be planted or retained as a
condition of approval, and all trees or multi-trunk trees with at least one trunk measuring
twelve inches or greater in diameter for properties which are not developed single-family
properties, and those trees which are one of the City's identified protected tree species (i.e.
redwood, oak, cedar, and ash).
10. The subject property has a multi-family residential zoning designation (not single-family).
11. The subject tree is a 20-inch diameter fruitless mulberry tree which conflicts with the
proposed improvements.
12. The subject tree is not a Heritage tree or one of the City's identified protected tree species.
13. Project wide, the applicant intends to plant 15 trees, including two (2) 36-inch box flowering
plum trees along the project frontage and 13 Italian cypress trees in the unit backyards and
along the south property line.
14. The project includes demolition of all structures and re-grading of the property to the extent
that retention of existing trees would not be feasible or practical. As a result, the removal of
trees is necessary for development of the project.
15. 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.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
Tree Removal Permit Findings (CMC Sec. 21.32.080):
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;
Environmental Findings (CMC Sec. 21.38.050):
2. The project is Categorically Exempt under Section 15332 of the California Environmental
Quality Act (CEQA, pertaining to In-Fill Development Projects and under Section 15304 of
CEQA, pertaining to alterations which do not involve the removal of healthy, mature, scenic
trees; and
City Council Resolution No. 12697 Page 3 of 3
Approving a Tree Removal Permit
202 W. Rincon Avenue — Project File No.: PLN2018-225
3. There are no unusual circumstances that would prevent the project from qualifying as
Categorically Exempt per Section 15300.2 of the CEQA Guidelines.
THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit to
allow removal of on-site protected trees, subject to the attached Conditions of Approval
(attached Exhibit A).
PASSED AND ADOPTED this 6th day of April, 2021, by the following roll call vote:
AYES: COUNCILMEMBERS: Bybee, Landry, Lopez, Resnikoff
NOES: COUNCILMEMBERS: None
RECUSED: COUNCILMEMBERS: Gibbons
ABSENT: COUNCILMEMBERS: None
APPROVED:
Paul Resnikoff, Vice Ma r
ATTEST: G,K(/af
Andrea San s, Acting City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Tree Removal Permit
Project File No.: PLN2018-225
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
on-site trees as indicated on the Project Plans, included as Attachment G in the April 6,
2021 City Council Staff Report, except as modified by the Conditions of Approval. This
permit shall be valid only in conjunction with the approval of the associated Planned
Development Permit and Tentative Subdivision Map.
2. Time of Removal: The tree(s) shall be removed in conjunction with demolition of existing
on-site structures.