CC Resolution 11406RESOLUTION NO. 11406
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL GRANTING A TREE REMOVAL PERMIT
(PLN2011-314) TO ALLOW THE REMOVAL OF 66 PROTECTED
TREES ON PROPERTY LOCATED AT 1677 S. BASCOM
AVENUE. FILE NO.: PLN2011-314.
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 PLN2011-314:
Environmental Finding
1. 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).
Evidentiary Findings
1. The proposed Tree Removal Permit is consistent with the Commercial/Professional
Office/Residential General Plan land use designation and P-D (Planned
Development) Zoning District.
2. The project will include the removal of sixty-six (66) protected private trees because
they would prohibit the construction of the new development and the installation of
the new utilities.
3. The planting of over seventy-two (72) 24-inch box replacement trees is 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.
Based upon the foregoing findings of fact, the City Council further finds and concludes
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
due to the number of site constraints of the infill site.
City Council Resolution
PLN2011-314 - 1677 S. Bascom Avenue -Tree Removal Permit
Page 2
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.
THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal
Permit (PLN2011-314) to allow the removal of 66 protected trees on property located at
1677 S. Bascom Avenue.
The applicant is hereby notified, as part of this application, that he/she is required to
meet the following conditions in accordance with the ordinances of the City of Campbell
and the State of California. Where approval by the Community Development Director,
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 sixty-six (66) protected trees on property located at 1677 S. Bascom
Avenue. This permit shall be valid only in conjunction with the approved Planned
Development Permit (PLN2011-312). No protected trees shall be removed prior to
the issuance of Building Permits. Applicant shall give the Planning Division 24-
hour notice prior to the removal of protected trees.
2. Replacement Trees: The Final Landscaping Plan shall indicate a indicate that sixty-
six (66) of the seventy-five (75) trees are being planted as replacement trees
pursuant to the tree removal permit approved herein. All trees planted on site shall be
at least 24-inch box in size. 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.
City Council Resolution
PLN2011-314 - 1677 S
Page 3
Bascom Avenue -Tree Removal Permit
PASSED AND ADOPTED this 15th day of May 2012, by the
following roll call vote:
AYES: COUNCILMEMBERS: Cristina, Baker, Waterman, Kotowski
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS: Low ' ~,
.__ ~ \
APPROVE .
Michael F. Kotowski, Mayor
ATTEST:
Anne Bybee, City Clerk