CC Resolution 10586
RESOLUTION NO.
10586
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2005-
81) TO REMOVE 20 OF 29 PROTECTED TREES ON PROPERTY
OWNED BY THE SANTA CLARA VALLEY WATER DISTRICT
LOCATED AT 511 & 555 W. CAMPBELL AVENUE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF MS. KATHY ROBINSON, ON BEHALF OF CHARITIES
HOUSING, INC., AND SANTA CLARA VALLEY WATER DISTRICT.
FILE NO: PLN2005-81.
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 PLN2005-81.
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 twenty of twenty-nine on-site trees because
they would prohibit the construction of the new residences and circulation
improvements which maintain setbacks and yard areas.
3. The sixty-two 24-inch box replacement trees specified for street trees exceed the
tree replacement requirements of the Tree Protection Regulations.
4. The proposed replacement trees provide 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. The eight existing trees on site to be preserved are located in highly visible open
space areas and are of a size and type that warrants retention.
City Council Resolution
PLN2005-81 - 511 & 555 W. Campbell Avenue -Tree Removal Permit
Page 2
3. 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.
4. 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 (PLN2005-81) to allow the removal of 20 of 29 protected on property owned by the
Santa Clara Valley Water District located at 511 & 555 WI Campbell 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 Proiect: Approval is granted for a Tree Removal Permit (PLN2005-81) to
remove 20 of 29 protected trees located at 511 & 555 W. Campbell Avenue. The Tree
Removal Permit shall only be valid in conjunction with an approved Planned Development
Permit (PLN2005-79) and Tentative Subdivision Map (PLN2005-80).
2. Replacement Trees: The 62 24-inch box replacement trees specified for street trees
exceed the tree replacement requirements of the Tree Protection Regulations.
3. Tree Protection Plan:
a. The landscape plan shall address the protection and preservation of the eight existing
trees and the relocation of one existing oak tree.
b. 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. 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 or grading permits. 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 dripline of the tree. All trimming or
branch removal from protected trees shall be completed by a certified arborist.
City Council Resolution
PLN2005-81 - 511 & 555 W. Campbell Avenue -Tree Removal Permit
Page 3
4. Landscape & Irriqation Plan: The applicant shall submit four sets of a final landscape and
irrigation plan to the Planning Division, prior to the issuance of building permits, for review
and approval by the Community Development Director. The landscape and irrigation plan
shall substantially conform with the approved conceptual landscape plan and the City's
Water Efficient Landscaping Standards (WELS) and shall include the following changes:
a. Thirty percent of the 62 new street trees along Campbell Avenue and the private
interior driveway shall be 36-inch box and the remaining 70 percent shall be 24-inch
box. All other new trees shall be a minimum 15 gallons.
b. The applicant shall provide decorative pavement (e.g. patterned concrete, pavers or
brick) within parking court areas. The design and materials to be used for the
decorative pavement shall be reviewed and approved by the Community Development
Director.
c. The landscaping plan shall include the planting of climbing vines on both sites of the
sound wall.
PASSED AND ADOPTED this
call vote:
1st
day of
November
, 2005, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Burr, Hernandez, Furtado, Watson, Kennedy
None
None
None
APPR
ATTEST:
~
Anne Bybee, City Clerk