CC Resolution 10842
RESOLUTION NO. 10842
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING A TREE REMOVAL PERMIT (PLN2007-146)
TO ALLOW THE REMOVAL OF SIX PROTECTED TREES ON
PROPERTY OWNED BY MERRILL GARDENS AT CAMPBELL
LOCATED AT 2041-2043, 2075, 2091, 2105 & 2127 S. WINCHESTER
BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. RYAN LEONG, ON BEHALF OF
SRM DEVELOPMENT. FILE NO.: PLN2007-146.
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. PLN2007-146:
1. The proposed Tree Removal Permit is consistent with the Central Commercial General
Plan land use designation and PD (Planned Development) Zoning District.
2. The project will include the removal six on-site protected trees because they would
prohibit the construction of the new buildings and the installation of the new utilities.
3. The tentative landscape plan shows over ninety replacement trees and is therefore
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 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 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.
City Council Resolution
PLN2007-146 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Approving a Tree Removal Permit - Merrill Gardens at Campbell
Page 2
3. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the City Council grants a Tree Removal Permit
(PLN2007-146) to allow the removal of six protected trees on property owned by Merrill
Gardens at Campbell located at 2041-2043, 2075, 2091, 2105 and 2127 S. Bascom
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
6 on-site protected trees on property located at 2041-2127 S. Winchester Boulevard.
This permit shall be valid only in conjunction with the approved Planned Development
Permit (PLN2006-165).
2. Replacement Trees: Six 24-inch box size trees shall be required as replacement for the
six protected trees to be removed. The six replacement trees shall be included in the
ninety trees to be installed as proposed on the preliminary landscape plan. 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).
City Council Resolution
PLN2007-146 - 2041-2043,2075,2091,2105 & 2127 S. Winchester Boulevard
Approving a Tree Removal Permit - Merrill Gardens at Campbell
Page 3
PASSED AND ADOPTED this 20th day of
vote:
November, 2007, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:Kennedy, Low, Burr, Furtado
COUNCILMEMBERS: Hernan-dez
COUNCILMEMBERS: None
COUNCILMEMBER:pp;:~ED:t~~ ~ . -i-l-
Daniel E. FU~
ATTEST:
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Anne Bybee, City Clerk