CC Resolution 10480
RESOLUTION NO. 10480
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TREE REMOV AL PERMIT (PLN2005-10) FOR
THE REMOVAL OF ONE MONTEREY PINE TREE ON PROPERTY
OWNED BY MR. AXEL JONAS SON LOCATED AT 1822 W. HACIENDA
AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. BRUCE BOWEN, ON BEHALF OF B&C HOMES,
INC. FILE NO: PLN2005-10
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 PLN2005-1 0
1. The proposed Tree Removal Permit is consistent with Low-Medium Density General Plan
land use designation and PD (Planned Development) Zoning District.
2. The project will include the removal of one protected tree (a 14-inch diameter Monterey Pine
Tree) because it would prohibit the construction of the new residence and driveway while
maintaining required setbacks and yard areas.
3. The thirteen 24-inch box replacement trees exceed 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 tree 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.
3. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
City Council Resolution
PLN2005-l0 - 1822 W. Hacienda Avenue-Tree Removal Permit
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal
Permit (PLN2005-l0) to allow the removal of one Monterey Pine tree on property owned by the
Mr. Axel Jonasson located at 1822 W. Hacienda Avenue in a P-D (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
one protected tree (14 inch Monterey Pine) on property located at 1822 W. Hacienda
Avenue. This permit shall be valid only in conjunction with the approved Planned
Development Permit (PLN2004-132).
2. Replacement Trees: One 24-inch box size trees shall be required as replacement for the one
protected tree 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
PLN2005-l0 -1822 W. Hacienda Avenue-Tree Removal Permit
Page 3
PASSED AND ADOPTED this
vote:
5th day of
April
, 2005, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Burr, Hernandez, Furtado, Watson, Kennedy
None
None
None
A TrEST: ~¿"--
Anne Bybee, City Clerk
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