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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 City Council Resolution No. 12750 Page 3 of 4 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.