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Tree Removal Permit - 2012CITY of CAMPBELL Community Development Department September 5, 2012 Connie LaScola 2561 Tolworth Dr. San Jose, CA 95128 Re: File No::PLN2012-143 Address: 2561 Tolworth Dr. Application: Tree Removal Permit Dear Mr. LaScola, The Campbell Planning Division has reviewed your revised June 21, 2012 Tree Removal Permit application (PLN2012-143) for removal of one (1) Pear tree measuring 19" in diameter and one (1) Monterey Pir>e tree measuring 16 '/2" in diameter, located on property at the above addresses. Pursuant to Campbell Municipal Code Sec. 21.32.080 (Campbell Tree Protection Ordinance), 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 Falline -The tree or trees are irreparably diseased or presents a danger of falling that cannot: be controlled or remedied through reasonable preservation and/or preventative procedures and practices slzch 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 Enjoyment and Hardship -The retention of the tree restricts the economic enjoyment of 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 ]ias 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 the trees. In addition to recommendation by a Certified Arborist, the decision was based upon the City's observation that the trees are in poor health and in danger of failure (satisfying Finding No. 2). PLN2012-123 ~ Tree Removal Permit Page 2 of 2 The removal of the trees is subject to the following Conditions of Approval: The applicant shall plant two (2) 24-inch box trees. 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. This decision is irtnal 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 17, 2012. If an appeal is received, you will be immediately notified of its receipt. Otherwise, you rr~ay remove the aforementioned tree at the close of the 10 day appeal period. If you have any questions please do not hesitate to contact me at (408) 866-2193 or via email at danielf@cityofcampbell.com. Sincerely, Daniel Fama Associate Planner cc: Paul Kermoyan, Interim Community Development Director