CC Resolution 12750RESOLUTION NO. 12750
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 2575 & 2585 S. WINCHESTER BOULEVARD
PROJECT FILE NO.: PLN2019-39
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
(PLN2019-39):
nvironmental Findin
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.
Evidentiary Findings
2. The proposed project includes a Planned Development Permit to allow the construction of
an approximately 50-foot tall mixed -use building (15 apartment units and approximately
2,106 square feet of ground floor commercial space) with at -grade and underground
parking and associated site improvements, a Tentative Parcel Map to allow the merger of
two parcels, dedication of additional public right-of-way and new public utility easements,
and the abandonment of existing public utility easements, a Tree Removal Permit to allow
the removal of ten (10) on -site trees, a Density Bonus to allow a reduction in required
parking, and a Variance to allow the placement of a new utility pole for property located at
2575 & 2585 S. Winchester Boulevard.
3. The project site comprises two parcels located at the northwest corner of S. Winchester
Boulevard and Friar Way which have a combined net lot area of approximately 14,688
square -feet (.33 acres).
4. The site is developed with two single-family homes and improved with 10 trees which would
be removed as part of the project.
5. The project site is bordered by a small commercial center (automotive repair) to the north
and a single-family residence to the west.
6. There are currently no rare, threatened, endangered or sensitive animals, plants, or natural
communities within City limits according to City of Campbell General Plan and California
Department of Fish and Wildlife Natural Diversity Database.
City Council Resolution No. 12750 Page 2 of 4
Approving a Tree Removal Permit
2575 & 2585 S. Winchester Boulevard — Project File No.: PLN2019-39
7. The site is not a wetland or otherwise known to serve as a habitat for endangered,
threatened or species (developed with a single-family residence and several accessory
buildings and in a very urbanized environment not likely to have an unrecorded species).
8. The project site is designated by the Campbell General Plan Land Use Diagram as
Residential/Commercial/Professional Office (21-27 Units/Gr. Acre). The proposed project
would result in a density of approximately 23-units per gross acre, consistent with General
Plan Land Use Designation.
9. The property is zoned P-D (Planned Development).
10. The proposed Planned Development Permit is considered in conjunction with and subject
to, a Tentative Parcel Map to allow the merger of two parcels, dedication of additional
public right-of-way and new public utility easements, and the abandonment of existing
public utility easements.
11. The proposed project would be consistent with the following General Plan policies and
strategies:
Goal LUT-5: Preservation and enhancement of the quality character and land use patterns that
support the neighborhood concept.
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and
commercial neighborhoods, each with its own individual character; and allow change
consistent with reinforcing positive neighborhood values, while protecting the integrity of
the city's neighborhoods.
Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential
neighborhoods with identifiable centers and consistent development patterns and a range
of public and private services.
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial
additions that are designed to maintain and support the existing character and
development pattern of the surrounding neighborhood, especially in historic
neighborhoods and neighborhoods with consistent design characteristics.
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site
planning that is compatible with surrounding development, public spaces and natural
resources.
Strategy LUT-9.3e: Buildinq Materials: Encourage the use of long-lasting, high quality building materials on
all buildings to ensure the long-term quality of the built environment.
Strategy LUT-9.3f: Development Orientation: Orient new development toward public and private amenities or
open space, in particular: • Orient front entrances, living/office area and windows toward
the amenity or open space. • Orient high activity areas such as outdoor dining areas and
plazas, and major pedestrian routes toward the amenity or open space.
Strategy LUT-10.1 c: Outdoor Common Areas: Encourage well -designed and landscaped outdoor common
areas for eating, relaxing, or recreation for new projects, and if feasible, when buildings
are remodeled or expanded. When possible, the common outdoor areas should adjoin
natural features.
Strategy LUT-11.1d: Bicycle and Pedestrian Connections in Development: Encourage new or redeveloping
projects to provide logical bicycle and pedestrian connections on site, between parking
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Approving a Tree Removal Permit
2575 & 2585 S. Winchester Boulevard — Project File No.: PLN2019-39
areas, buildings, and street sidewalks and to existing or planned public right-of-way
facilities and encourage pedestrian passages between street -front sidewalks and rear -lot
parking areas. Ensure that the bicycle and pedestrian connections interface safely.
Strategy LUT-12.1c: Parking Lot Design: Design parking lots to minimize impacts on the street system by
providing adequate sized driveways, sufficient queuing and efficient circulation.
12. The City of Campbell Tree Protection Regulations (CIVIC 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).
13. The subject property has a mixed -use land use designation (not single-family).
14. The applicant's proposal would result in the removal of 10 trees (four protected) that
conflict with the proposed improvements.
15. The project includes demolition of all structures and re -grading of the property to the extent
that retention of most existing trees would not be feasible or practical. As a result, the
removal of trees is necessary for development of the project.
16. The trees proposed for removal are not designated as heritage trees or one of the City's
four protected tree species (i.e., redwood, oak, cedar, and ash).
17. The project plans include a landscaping plan that includes bushes, planters, and three (3)
24-inch box crape myrtle trees as replacement plantings.
18. The City's Tree Protection Ordinance requires a minimum of four replacement trees for the
four trees proposed for removal. In consideration of site constraints, only three trees have
been proposed onsite, with the last tree captured through the payment of an in -lieu fee.
19. The proposed replacement trees will be a sufficient replacement for the trees to be
removed and will continue the diversity of tree species found in the community. Any trees
not planted on the property will be required to be paid in lieu.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
Tree Removal Permit Findings (CIVIC Sec. 21.32.080):
20. 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 City Council that there are no
reasonable alternatives to preserve the trees due to the number of site constraints of the
infill site, -
Environmental Findings (CIVIC Sec. 21.38.050):
City Council Resolution No. 12750 Page 4 of 4
Approving a Tree Removal Permit
2575 & 2585 S. Winchester Boulevard — Project File No.: PLN2019-39
21. The project is Categorically Exempt under Section 15332 of the California Environmental
Quality Act (CEQA), pertaining to In -Fill Development Projects; and
22. 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 recommends approval of a Tree
Removal Permit (PLN2019-39) to allow removal of on -site protected trees, subject to the
attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 17th day of August, 2021, by the following roll call vote:
AYES: COUNCILMEMBERS: Bybee, Landry, Lopez, Resnikoff
NOES: COUNCILMEMBERS: None
RECUSED: COUNCILMEMBERS: Gibbons
ABSENT: COUNCILMEMBERS: None
APPROVED: / , ! -e�
Paul Resnikoff, Vice Mayor
ATTEST: a .
Dusty Christopherson, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Tree Removal Permit
Project File No.: PLN2019-39
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 F in the August 17,
2021 City Council Staff Report, except as modified by the Conditions of Approval. This
permit shall be valid only in conjunction with the approved Planned Development Permit
and Tentative Parcel Map.
2. Time of Removal: The tree(s) shall be removed in conjunction with demolition of existing
on -site structures.
3. Replacement Plantings: To the extent feasible, the applicant shall plant attempt
accommodate four (4) 24-inch box crape myrtle trees on the subject property as
replacement plantings. If not all four (4) trees can be accommodated onsite due to site
constraints, to the satisfaction of the Community Development Director, the applicant shall
be required to pay an in -lieu fee of $620.00 for each tree deficient. The fee is subject to
change and the fee due shall be based on the fee established by the City on the date the
building permit is issued.