CC Resolution 10983
RESOLUTION NO.
10983
BEING A RESOLUTION OF THE CITY COUNCIL OF CAMPBELL
GRANTING A TREE REMOVAL PERMIT (PLN2008-153) TO ALLOW THE
REMOVAL OF SIX TREES ON PROERTY OWNED BY DAVID AND
JANEAN SOUSA LOCATED AT 45-67 KENNEDY AVENUE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
DAVID SOUSA. FILE NO.: PLN2008-153.
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 PLN2008-153.
1. The proposed Tree Removal Permit is consistent with the Medium Density General Plan
land use designation and PO (Planned Development) Zoning District.
2. The project will include the removal of six on-site protected trees. Based on the
determination of a licensed arborist, they are not viable candidates for retention and the
trees would prohibit the construction of the new buildings and the installation of the new
utilities.
3. The tentative landscape plan shows six replacement trees, and is therefore consistent
with the tree replacement requirements of the City of Campbell Tree Protection
Regulations.
4. The proposed replacement trees will be a satisfactory replacement for the trees to be
removed, and will continue the diversity of tree species found in the community.
5. The project qualifies as Categorically Exempt under Section 15332, Class 32 of the
California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The health condition of the subject trees, the fact that 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. 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
PLN2008-153 - 45-67 Kennedy Avenue - Tree Removal Permit
Page 2
THEREFORE, BE IT RESOLVED that the City Council grants a Tree Removal Permit
(PLN2008-153) to allow the removal of six trees on property owned by David and Janean
Sousa located at 45-67 Kennedy 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 six on-site protected trees on property located at 45-67 Kennedy Avenue. This
permit shall be valid only in conjunction with the approved Planned Development
Permit (PLN2008-58).
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 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).
PASSED AND ADOPTED this 6th day of
roll call vote:
January
, 2009, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Kotowski, Furtado, Baker, Low, Kennedy
None
None
None
ATTEST:
a~~
Anne Bybee, City Clerk
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