CC Resolution 10592
RESOLUTION NO.
10592
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2005-65) TO
REMOVE SIX PROTECTED TREES (FIVE INCENSE CEDARS AND
ONE ACACIA) ON PROPERTY OWNED BY MR. JACK BATES
LOCATED AT 1819 W. HACIENDA AVENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. HAMID
ADLPARVAR, ON BEHALF OF MR. JACK BATES. FILE NO: PLN2005-
65.
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 PLN2005-65.
1. The proposed Tree Removal Permit is consistent with the Low-Medium Density
Residential (6-13 units per gross acre) General Plan Land Use Designation and the P-D
(Planned Development) Zoning District.
2. The project will include the removal of six protected trees (five Incense Cedars and one
Acacia) because they would prohibit the construction of the driveways for the two new
single-family homes.
3. The six 24-inch box replacement trees that are indicated on the landscape plan 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 certified arborist prepared an arborist report for the project and identified all six trees as
unhealthy and recommended that they be removed.
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.
2. The trees are irreparably diseased and cannot be remedied through reasonable
preservation and/or preventative procedures and practices such that the public health and
safety requires their removal.
City Council Resolution
PLN2005-65 -1819 W. Hacienda -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 (PLN2005-65) to allow the removal of six protected trees (five Incense Cedars and
one Acacia) on property owned by Mr. Jack Bates located at 1819 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 Project: Approval is granted for a Tree Removal Permit to remove six protected
trees (five Incense Cedars and one Acacia) on property located at 1819 W. Hacienda
Avenue. The Tree Removal Permit shall only be valid in conjunction with an approved
Planned Development Permit (PLN2004-111 ).
2. Replacement of Removed Trees: The applicant shall provide six 24-inch box replacement
trees for the protected trees to be removed as part of the development.
3. Landscape and Irriqation Plan: The applicant shall submit a final landscape and irrigation
plan to the Planning Division for review and approval, prior to the issuance of building
permits. The landscape and irrigation plan shall substantially conform to the approved
conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS)
and shall include all replacement trees as required for the Tree Removal Permit.
4. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected
trees to be retained on site or on adjacent lots that are impacted by the project, 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
dripline 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
City Council Resolution
PLN2005-65 -1819 W. Hacienda -Tree Removal Permit
Page 3
Planning Division for review and approval by the Community Development Director prior
to the issuance of building permits.
PASSED AND ADOPTED this
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
15th day of
November
, 2005, by the following roll
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
APPR~
/ ne P. Kennedy, Mayor
//7.~
{~
Anne Bybee, City Clerk
Burr, Hernandez, Furtado, Watson, Kennedy
None
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