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Tree Removal Permit - 2012CITY of CAMPBELL Community Development Department September 4, 2012 Judy Robinson CMS for Pollard Road HOA 1935 Dry Creek Road Campbell, CA 95008 Re: File No: PLN2012-160 Address: Pollard Road HOA, 1698 Las Pierdras Ct. Application: Tree Removal Permit Dear Ms. Robinson, The Campbell Planning Division has reviewed your Tree Removal Permit application (PLN2012-160) for removal of four (4) trees located on commonly managed property of the Pollard Road HOA. These include (1) Modesto Ash, (1) Stone Pine, (1) Liquidamber, and (1) Monterey pine. Your July 11, 2012 application materials and August 21, 2012 supplemental materials were reviewed for consistency with Campbell Municipal Code Sec. 21.32.080 (The City of Campbell Tree Protection Ordinance). Pursuant to this section, the Community Development Director may only approve a Tree Removal Permit after making at least one of the following findings: 1. Diseased or Danger of Falling -The tree or trees are irreparably diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation andlor preventative procedures and practices such that the public health or safety requires its removal. 2. Potential Damage -The tree or trees can potentially cause substantial damage to existing or proposed main buildings (e.g., dwellings or other main buildings) or interfere with utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. Economic Enjovment and Hardship -The retention of the tree restricts the economic enjoyment o: 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 approval authority that there are no reasonable alternatives to preserve the tree. A minor reduction of the potential number of residential units or building size due to the tree location does not represent a severe limit of the economic enjoyment of the property. Based upon a review of the application materials and an inspection of the property, the Community Development Director has approved the removal of (3) three trees: the Modesto Ash, Stone Pine, and Monterey Pine, for the following reasons: PLN2012-160 Tree Removal Permit Page 2 of 2 1. Modesto Ash -The proximity of the Modesto Ash to the main structure poses potential damage to the foundation of the home, satisfying finding number 2 -Potential Damage. 2. Stone Pine -The tree is in danger of falling, satisfying finding number 1 -diseased or danger of falling. 3. Monterey Pine -The tree is diseased, satisfying finding number 1 -diseased or danger of falling. The removal of these trees is subject to the following Condition of Approval: 1. The applicant shall plant two (2) 36-inch box trees and one (1) 24-inch box tree on the project site. The replacement trees shall be planted within 30 days of the effective date of this approval, unless accepted arboricultural practices dictate a preferential planting period for the species chosen as replacement tree. However, the Community Development Director has denied the removal of the Liquidamber Tree. Although the application materials cite damage to hardscaping and the potential risk of personal injury (tripping), these issues are not cause for removal pursuant to CMC Sec. 21.32.080. This decision is final in 10 calendar days of the Community Development Director's decision, unless an appeal is received in writing at the City of Campbell City Clerk's Office, on or before September 14, 2012. If an appeal is received, you will be immediately notified of its receipt. Otherwise, you may remove the three approved trees at the close of the 10 day appeal period. If you have any questions please do not hesitate to contact Erin Fitzgibbons at (408) 866-2144 or via email at erinf~~cityofcampbell.com. Sincerely, Daniel Fama Associate Planner cc: Paul Kermoyan, Planning Manager Daniel Fama, Associate Planner Greg Miller, Lewis Tree Service, 1500 Brommen Street, Santa Cruz, CA 95062