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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.