CC Resolution 10833
RESOLUTION NO. 10833
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2007-68) TO
ALLOW THE REMOVAL OF ONE 54-INCH COAST LIVE OAK ON
PROPERTY OWNED BY MR. DENNIS L1U LOCATED AT 1161 VIRGINIA
AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. DENNIS L1U. FILE NO: PLN2007-68.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City council finds as follows with regard to File No. PLN2007 -68:
1. The proposed Tree Removal Permit is consistent with the Low to Medium Density
Residential General Plan land use designation and PD (Planned Development) Zoning
District.
2. The project will include the removal one protected tree because it would prohibit the
construction of the new buildings.
3. The preliminary landscape plan provides four 24-inch box native replacement trees
exceeding 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 .Planning .Commission 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.
3. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
City Council Resolution
PLN2007-68 - 1161 Virginia Avenue - Tree Removal Permit
Page 2
THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit
(PLN2006-129) to allow the removal of one 54-inch Coast Live Oak on property owned by
Mr. Dennis Liu located at 1161 Virginia 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 54-inch Coast Live Oak on property located at 1161 Virginia Avenue. This permit
shall be valid only in conjunction with the approved Planned Development Permit
(PLN2007 -66).
2. Replacement Trees: Four 24-inch box size native 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).
PASSED AND ADOPTED this 6th
call vote:
day of
November
, 2007, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Low, Burr, Furtado
Kennedy
Hernandez
None
APPROVED:
Daniel E. Fu
ATTEST:
/L~
Anne Bybee, City Clerk