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CC Resolution 9908 ,. RESOLUTION NO. 9908 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING A TREE REMOVAL PERMIT (PLN2001-70) TO ALLOW THE REMOVAL OF 48 TREES IN CONJUNCTION WITH A DEVELOPMENT APPLICATION ON PROPERTY LOCATED AT 300 ORCHARD CITY DRIVE IN A C- PD (COMDOMINIUM/PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF WATER TOWER I, LLC. FILE NO. PLN2001-70. 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 PLN2001-70: 1. The site was formerly developed with a 20,000 square foot office building that was damaged by earthquake and subsequently removed. 2. The existing trees were planted in 1994 for the provision of a private landscaped area. 3. The quantity and location of the trees throughout the project site would preclude any redevelopment of the site if the trees were to be required to remain. 4. Replacement trees will be provided at a one to one ratio, for a mInImUm of 48 new replacement trees, of a variety of species to continue the diversity of plant materials present in the community. 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 or 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. 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. # City Council Resolution PLN200 1-70 - 300 Orchard City Drive - Tree Removal Permit Page 2 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: This tree removal permit (PLN2001-70) shall only be valid in conjunction with an approved Planned Development Permit (PLN2001-44). 2. Replacement of Removed Trees: All 48 trees to be removed shall be replaced at a one to one ratio. Replacement trees shall be planted on-site and within Hyde Park and shall consist of a minimum of twenty-four (24) 24" box trees and twenty-four (24) 36" box trees. 3. Landscape Plan: A detailed landscape/tree replacement plan and irrigation plan shall be reviewed and approved by the Community Development Director and Public Works Director prior to issuance of Building Permits PASSED AND ADOPTED this ~ day of August vote: , 2001, by the following roll call AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Furtado, Kennedy, Burr, Watson, Dean None None None APPROVED: ATTEST: 2-<~ Anne Bybee, Secretary