CC Resolution 10438
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RESOLUTION NO.
10438
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2004-47) TO
ALLOW THE REMOV AL OF SEVEN PROTECTED TREES ON PROPERTY
OWNED BY CULLEN DEMATTEI DEVELOPMENT, INC., LOCATED AT
121-133 KENNEDY AVENUE IN A PD (PLANNED DEVELOPMENT)
ZONING DISTRICT.. APPLICATION OF MR. BRUNO MARCELIC, ON
BEHALF OF CULLEN DEMATTEI DEVELOPMENT, INe. FILE NO.:
PLN2004-47.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2004-47:
1. The proposed Tree Removal Permit is consistent with the Medium Density Residential (14-
20 units per gross acre) General Plan land use designation and P-D (Planned Development)
Zoning District.
2. The project will include the removal seven protected trees because they would prohibit the
construction of the new buildings, the installation of the new utilities, and the installation of
the sidewalks.
3. The seven 24-inch box replacement trees are consistent with the tree replacement
requirements of the Tree Protection Regulations.
4. 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.
5. A Mitigated Negative Declaration has been prepared for this project concluding that there are
no significant unmitigated impacts associated with this project, pursuant to the California
Environmental Quality Act (CEQA).
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.
2. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
City Council Resolution
PLN2004-47 - 121-133 Kennedy Avenue-Tree Removal Permit
Page 2
3. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project .
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal
Permit (PLN2004-47 to allow the removal of seven protected trees on property owned by Cullen
DeMattei Development, Inc. Company located at 121-133 Kennedy Avenue in a PD (Planned
Development) Zoning District.
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
Planning Division:
1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of
seven protected trees on property located at 121-133 Kennedy Avenue. This permit shall be
valid only in conjunction with the approved Planned Development Permit (PLN2004-45).
2. Replacement Trees: Seven 24-inch box size trees shall be required as replacement for the
seven protected trees to be removed. The location and species of these trees shall be shown
on the detailed landscape and irrigation plans that shall be submitted to the Planning Division
for review and approval by the Community Development Director, prior to the issuance of
building permits. The proposed replacement trees shall continue the diversity of tree species
found in the community and shall be a species listed in the City's Water Efficient
Landscaping Standards (WELS).
3. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees
to be retained on site and shall contain specific information about the preservation of the
trees during any grading or building on site. Such tree protection measures shall be installed
prior to any demolition, grading, or building on the project site. No construction or trenching
shall take place within the drip line of trees and a fence constructed of temporary cyclone
fencing or wire mesh securely attached to poles driven into the ground shall be installed
around the drip line of the tree. All trimming or branch removal from protected trees shall be
completed by a certified arborist. The tree protection plan shall be submitted to the Planning
Division for review and approval by the Community Development Director prior to the
issuance of building permits.
City Council Resolution
PLN2004-47 -121-133 Kennedy Avenue-Tree Removal Permit
Page 3
PASSED AND ADOPTED thisÆ:.hday of
.1;1n 11;¡ ry
, 2005, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Burr, Furtado, Watson, Kennedy
None
ATTEST: ~
Anne Bybee, City Clerk