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Tree Removal Permit -2014CITY of CAMPBELL Community Development Department January 16, 2014 Melissa Cullman 10121 Miller Ave., Ste. 200 Cupertino, CA 95014 Re: File No: PLN2013-320 Address: 1800 S. Bascom Ave. (Whole Foods) Application: Tree Removal Permit Dear Ms. Cullman. The Campbell Planning Division has completed review of your Tree Removal Permit application (PLN2013-320) for removal of three Palm (Washingtonia robusta) trees. Pursuant to Campbell Municipal Code Sec. 21.32.080, 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 and/or preventative procedures and practices such that the public health or safety requires its removal. 2. Structure Dames -The tree or trees can have caused or may imminently cause significant damage to the existing main structure(s) that cannot be controlled or remedied through reasonable modification of the tree's root or branch structure. 3. Utility Interference -The tree or trees have interfered with utility services where such interference cannot be controlled or remedied through reasonable modification/relocation of the utilities or reasonable modification of the tree's root or branch structure. 4. Overplanting -The tree(s) is crowding other protected tree(s) to the extent that removal is necessary to ensure the loner term viability of adjacent tree(s). 5. Economic Enjoyment and Hardship -The retention of the tree(s) 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 has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). 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. PLN2013-320 -Tree Removal r Crmit Page 2 of 2 Based upon a review of the application documents and a visual inspection of the trees, the Community Development Director has determined that the required findings for removal of two of the Palm trees (identified as trees #2 and #1) have been met. Your application cited mechanical and/or structural defect that presents a danger of falling. A visual inspection of the tree, as well as the provided arborist report, substantiates this claim. As a result, the Community Development Director has improved removal of two of the palm trees, finding that they present a danger of falling (satisfying Finding #1 -Diseased or Danger of Falling), subject to the condition of approval listed below. However, your request to remove the third palm tree (tree #3) has been denied. Your application cited "poor aesthetics" for the reason for removal. As there is no allowance to remove a tree for purely aesthetic purposes, its removal is not permitted. As noted above, the removal of the two palm trees is subject to the following Condition of Approval: 1. The applicant shall plant two Washington robusta Palm trees of a comparable size as those removed (+/- 5 feet) in the same location(s) of the removed trees. The replacement tree shall be planted within 30 days of the effective date of this approval, unless accepted arboricultural practices dictate a preferential planting period. This decision is final in 10 calendar days of the Community Development Director's decision, unless an appeal is received in writing at the Community Development Department, on or before 5:00 PM on January 27, 2014. An appeal must be made in writing to the Community Development Department and accompanied by a $200 appeal fee. Any decision not appealed within the ten-day period is final. If you have any questions, you can reach me at (408) 866-2193 or by email at danielf a~cityofcampbell.com. Associate Planner cc: Aki Honda Snelling, Planning Manager