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Tree Removal Permit - 2014Community Development Department July 15, 2014 Valentin Ivanov 247 Shelley Avenue Campbell, CA 95008 Re: File No: PLN2014-90 Address: 247 Shelley Avenue Application: Tree Removal Permit Decision: Two (2) Deodar Cedar Trees Approved for Removal and Replacement Valentin, The Campbell Planning Division has completed review of Tree Removal Permit application PLN2014-90 for removal of two (2) Deodar Cedar trees located within the Shelley Heights HOA, measuring approximately 23-inch and 21-inch in diameter and located at the address above. 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 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 Damage -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. Ovemlantint; -The tree(s) is crowding other protected tree(s) to the extent that removal is necessary to ensure the long-term viability of adjacent tree(s). 5. Economic E~oyment 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 PLN2014-90 ~ 247 Shelley Ave. -Tree Removal Permit Page 2 of 2 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 removal of both Cedar tree, finding that the trees may cause significant damage to the home foundation and underground utilities (Finding #2 and 3), pursuant to the Arborist Letter prepared by Francisco Javier Garcia (WE-8108A) dated May 14, 2014 and supplemental email sent June 22, 2014. Removal of the tree is subject to the following Conditions of Approval: The applicant shall plant a total of two (2) 24-inch box Japanese Maple trees or otherwise appropriate species (e.g., not a fruit tree) to the satisfaction of the Community Development Director in the common area as shown on the application plans and authorized by the HOA president. 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 for the species chosen as the replacement tree. 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 Community Development Department, 70 North First Street, Campbell, on or before July 25, 2014. A written appeal must be accompanied by the required $200 appeal filing fee. If an appeal is received, you will be notified of its receipt. If no appeal is received, you may remove the tree after the close of the 10- day appeal period. If you have any questions please do not hesitate to contact me at (408) 866-2142 or via email at stephenr@cityofcampbell.com. Sincerely, .. m ose Associate Planner cc: Aki Honda Snelling, Planning Manager Project File 70 North First Street • Campbell. CA 95008-1423 • ~rEL (408) 866-2140 • F.ax (408) 866-5140 • r_-~-t.AIL planning c icityofcampbell.com CITY of CAMPBELL June 30, 2014 Community Development Department NOTICE OF TREE REMOVAL PERMIT APPLICATION Notice is hereby given that the Community Development Department of the City of Campbell has received an application for a Tree Removal Permit (PLN2014-90) for the removal of two (2) deodar cedar trees within the Shelly Heights HOA located at 247 Shelly Ave. If approved, removal of the trees is subject to the replanting requirement of the Campbell Municipal Code. This is your opportunity to provide comment prior to the Director's decision. The 10-day comment period for this application will begin on July 1, 2014, and end on July 11, 2014. Comments regarding this application must be submitted in writing (including email) to the Planning Division before 5:00 p.m. on July 11, 2014, as a decision will be rendered after this time. No additional notice will be provided. A copy of the Tree Removal Permit application, and all associated documents, are available for review from 8:00 a.m. to 5:00 p.m. at the Community Development Department, City Hall, 70 North First Street, Campbell, California. Decisions by the Community Development Director are final in 10 calendar days following the date of approval, unless an appeal is received in writing (including email) at the Community Development Department, 70 N. First Street, Campbell, prior to the end of the appeal period. A written appeal must be accompanied with the required $200 appeal filing fee. Questions or comments regarding this application may be addressed to Stephen Rose in the Community Development Department at (408) 866-2142 or by email at stephenr@cityofcampbell.com. 70 North First Street ~ Campbell, California 95008-1 4 3 6 "rf~ 408.866.2140 r~ax 408.871.5140 ~l~l)I) 408.866.2790 Project Location Map ~~ ~ _ _ --.. IDA WAY Project Site ~ ~ ~ W Y Y N . U m ~ Z ~~ w ~ _ z ~ 3 ~ _ _ o J z '. C7 w l Z ~ a ,' Z o --. W __ .,.. .. ~ ,......... ~ ', ~ j ~ a z ~ .. i ~ {~- J ~ .. ~ z MT DAVIDSON DR O _ ~. y ~ 22 C, ~ ~ ¢ ~ c 92i O ~ ~ P ~~ ~. ~5 p -, 4~ ~ - J OAP hG ~P GF ~~ a n 0 G 2 _ _.._ .. ~ ~ , w ^ - t Project Location: 247 Shelly Ave Application Type: Tree Removal Permit Planning File No.: PLN2014-90 Description: Removal of two (2) Deodar Cedar Trees N Feet 0 600 1,200 ~ ~~ v ._ .. - :, r~'Y{ at au~i. Community Development Department Planning Division 41430001 41430002 41430083 NEZHAD HAMID REZA MOTAHARI AND SETHI SHOBHIT AND JAIN NANDA PHAN NAI AND PHUONG TEKIEH RAZIE TRUSTEE 3471 LAPRIDGE LN 3477 LAPRIDGE LN 2363 SHELLEY AVE SAN JOSE CA 95124-2502 SAN JOSE CA 95124-2502 SAN JOSE CA 95124-2529 41439009 41439010 41439014 JOHNASEN BENJAMIN T AND VIOLET I MASTORA ATHENA J TRUSTEE GOLDEN AGE PROPS CAMPBELL LLC TRUSTEE 300 REDDING RD 3333 S BASCOM AVE 280 REDDING RD CAMPBELL CA 95008-6718 CAMPBELL CA 95008 CAMPBELL CA 95008-6718 41439015 41439016 41439017 BASCOM HOTEL LLC BASCOM MEDICAL LLC BASCOM MEDICAL LLC 675 E CAMPBELL AVE 3803 S BASCOM AV STE 104 3395 S BASCOM AVE STE 140 CAMPBELL CA 95008 CAMPBELL CA 95008 CAMPBELL CA 95008 41439061 41439060 41439062 SIMS MICHAEL ET AL LEE WAH KWING AND HUEY SEUNG ONZO FRANK FOOD LEE 308 REDDING RD 308 REDDING RD CAMPBELL CA 95008-6718 304 REDDING RD CAMPBELL CA 95008-6718 CAMPBELL CA 95008-6718 41439063 41440048 41440093 ONZO FRANK NAVANI RAJESH AND ANNU VAN ANDRE V AND LEMIEUX JULIE 308 REDDING RD 48905 CRESTVIEW COMMON TRUSTEE CAMPBELL CA 95008-6718 FREMONT CA 94539 206 SHELLEY AVE CAMPBELL CA 95008-7004 41440094 41440095 41448001 SMITH DARLA M ZUMSTEG ARLENE K ET AL THIAGARAJAN KARTHIK AND IYER 208 SHELLEY AVE 210 SHELLEY AVE VANITA CAMPBELL CA 95008-7004 CAMPBELL CA 95008-7004 233 SHELLEY AVE UNIT #C CAMPBELL CA 95008-7316 41448002 41448003 41448004 GUY JASON A CAGLE YVONNE D BHANDARKAR PRASAD G AND 233 SHELLEY AVE UNIT #B 233 SHELLEY AVE UNIT #A SUSHANTA P CAMPBELL CA 95008-7316 CAMPBELL CA 95008-7316 227 SHELLEY AVE UNIT #C CAMPBELL CA 95008-7097 41448005 41448006 41448007 SEGAL VLADIMIR AND MARINA, ROYZ MICHAEL AND ALLA TRUSTEE AAL RICHARD D 227 SHELLEY AVE UNIT #B 227 SHELLEY AVE UNIT #A 235 SHELLEY AVE CAMPBELL CA 95008-7097 CAMPBELL CA 95008-7097 CAMPBELL CA 95008-7316 41448008 41448009 41448010 ERKANAT JUDY A TRUSTEE CHANG JIM AGUILERA PETER ANDREW AND 237 SHELLEY AVE 239 SHELLEY AVE GLORIA NELY TRUS CAMPBELL CA 95008-7316 CAMPBELL CA 95008-7316 1836 WHITE OAKS CT CAMPBELL CA 95008-7100 41448011 41448012 41448013 YANG TIANYU AND YIN HAO ANDARMANI AHMAD AND EZAT T GALBURT VLADIMIR AND NATALYA 229 SHELLEY AVE 231 SHELLEY AVE TRUSTEE CAMPBELL CA 95008-7097 CAMPBELL CA 95008-7097 225 SHELLEY AVE CAMPBELL CA 95008-7097 41448014 41448015 41448016 CARBALLAR NEVA T AND JASON A MALEK MINA ET AL RUPPERT JASON K AND JENNIFER A 223 SHELLEY AVE 4966 EL CAMINO REAL STE 209 TRUSTEE CAMPBELL CA 95008-7097 LOS ALTOS CA 94022 2432 WESTGATE AVE SAN JOSE CA 95125-4039 41448017 SUJANTO IRENE 54 STARR WAY MOUNTAIN VIEW CA 94040-3058 41448018 SPICER BRUCE G AND JOAN G TRUSTEE 2432 LINCOLN AVE BELMONT CA 94002-1424 41448019 CHEN PING CHIEH 213 SHELLEY AVE UNIT B CAMPBELL CA 95008-7058 41448020 BOSWELL MARITA 213 SHELLEY AVE UNIT A CAMPBELL CA 95008-7058 41448023 YUNERMAN ALEX AND LARISA 209 SHELLEY AVE UNIT B CAMPBELL CA 95008-7058 41448060 HERBERT KESORN 1521 REDDING PARK LN CAMPBELL CA 95008 41448063 SHEN MEI 1527 REDDING PARK LN CAMPBELL CA 95008 41448066 POLSKY IRINE V AND BORIS TRUSTEE 1530 REDDING PARK LN CAMPBELL CA 95008 41448069 HEYDER INES TRUSTEE 145 OLD ADOBE RD WATSONVILLE CA 95076 41450001 IVANOV VALENTIN M AND IVANOVA VERA D 247 SHELLEY AVE CAMPBELL CA 95008 41450004 METZ THOMAS 253 SHELLEY AVE CAMPBELL CA 95008 41448021 SHIMAMOTO KEITH Y AND CYNTHIA M P O BOX 20426 SAN JOSE CA 95160 41448057 PINE LARRY W AND SHARON M TRUSTEE 206 REDDING RD CAMPBELL CA 95008-6762 41448061 KWAN KIT AND NANCY 1523 REDDING PARK LN CAMPBELL CA 95008 41448064 ARAKI REIKO TRUSTEE 1538 REDDING PARK LN CAMPBELL CA 95008 41448067 BROWN CHRISTINE A 1528 REDDING PARK LN CAMPBELL CA 95008 41448070 DEMARTINI ALLEN F TRUSTEE 1520 REDDING PARK LN CAMPBELL CA 95008 41450002 GERT ALEXANDER A AND VERA 249 SHELLEY AVE CAMPBELL CA 95008 41450005 KROCHMAL LINCOLN TRUSTEE & ET AL 15891 SHANNON RD LOS GATOS CA 95030 41448022 REUTER JESSE AND MARIAN 211 SHELLEY AVE UNIT A CAMPBELL CA 95008-7058 41448059 JOHNASEN BENJAMIN T AND VIOLET I TRUSTEE 270 REDDING RD CAMPBELL CA 95008-6718 41448062 KIM DONGMAN AND TAEYOUNG 1525 REDDING PARK LN CAMPBELL CA 95008 41448065 SAKODA HIRONORI AND TAKAKO 1532 REDDING PARK LN CAMPBELL CA 95008 41448068 DIETRICH CHRISTINE M ET AL 1526 REDDING PARK LN CAMPBELL CA 95008 41448087 JI JINGJIE AND ZHOU XIAOTONG 198 REDDING RD CAMPBELL CA 95008 41450003 ZHENG FENGJIE 251 SHELLEY AVE CAMPBELL CA 95008 Stephen Rose From: Alexander Gert <shurik@gmail.com> Sent: Friday, June 27, 2014 12:10 PM To: Stephen Rose; Valentin Ivanov Subject: RE: Tree Removal Permit PIN2014-90 Attachments: ShelleyHOA auth.pdf Hello Stephen, This is to notify you that The Shelley Heights HOA authorizes that the replacement trees can be planted in the common area. Please find attached is a copy of signed HOA authorization letter. Sincerely, Alexander Gert, President, Shelley Heights HOA **'~ eSafe 8 scanned this email for malicious content *** *~~x IMPORTANT: Do not open attachments from unrecognized senders **x 1 Shelley Heights HOA Authorization Letter June 26, 2014 Shelley Heights HOA Campbell, CA 95008 RE: Tree Removal Permit: PIN2014-90 To: Stephen Rose, Community Development Department, City of Campbell With this letter the Shelley Heights HOA authorizes that the replacement trees can be planted in the common area as shown below. Sincerely: r- ~ ~~~ ~ ! ` ,' ~' ` ~ r s ^-~~. a ~~'' .. -- r ,. y 7 (~ mm^ O Stephen Rose From: val iv <iv_val@yahoo.com> Sent: Wednesday, June 25, 2014 10:10 AM To: Francisco Javier Garcia; Stephen Rose Subject: RE: 247 Shelley Ave. (Tree Removal Permit) PLN2014-90 Stephen, I was out of the country for the last several days and was not able to reply on your request. In the next 1-2 days I'll try to provide you a letter from the HOA, but since we do not have any functioning board, I'm not sure what: exactly would be able to deliver. Is it possible for you to send me a copy of my original re-planting plan? It has been formally approved by the president and I'm planning on sending it again to all of my neighbors. Is there a list of specific trees that we need to choose from? Thanks, On Mon, 6/23/14, Stephen Rose <stephenr@cityofcampbell.com> wrote: Subject: RE: 247 Shelley Ave. (Tree Removal Permit) PLN2014-90 To: "Francisco Javier Garcia" <Arborguys@yahoo.com> Cr. iv_va1CQ~yahoo.com Date: Monday, June 23, 2014, 10:00 AM #yiv4853523630 #yiv4853523630-- _filtered #yiv4853523630 {font-family:Wingdings;panose-1:5 000000000;} _filtered #yiv4853523630 {font-family:Wingdings;panose-1:5 000000000;} _filtered #yiv4853523630 {font-family:Calibri;panose-1:2 15 52224324;} _filtered #yiv4853523630 {font-family:Tahoma;panose-1:2 11 64354424;} _filtered #yiv4853523630 {panose-1:2 4 5 2 5 5 5 3 3 4;} _filtered #yiv4853523630 {} #yiv4853523630 (Javier), Thanks for sending this over; I greatly appreciate your added detail and both of your help in providing enough detail for me to support the application. At this time I only require the revised replacement planting plan from Valentine (showing either the trees planted on site and/or authorization from the HOA for the common area replanting plan). Once this item is addressed I'll proceed ti~ith noticing the application. Best,Stephen Rose I Associate Planner Community Development Department P 408.866.2142 I F 408.871.5140 70 N. First Street, Campbell, CA 95008City Home I Planning Division I Municipal Code From: Francisco Javier Garcia [mailto:Arborguys@yahoo.com] Sent: Sunday, June 22, 2014 1:46 PM To: Stephen Rose Subject: Re: 247 Shelley Ave. (Tree Removal Permit) PLN2014-90 Deodar cedar trees are large size trees that can reach up to 80 feet and have a canopy spanning of 60-70 feet and the root reservoir should be as big as the tree canopy. The reasonable planting space between trees this size should be 50-60 feet. Here we have four large trees growing only 15-20 feet apart, not even half of the requiere space they need to grow correctly.Cedar trees #1 & # 2 are not fully grown ,they are expected to doble their trunk size, wich means, the limbs will get larger and the root reservoir will get bigger.'The roots of this trees will inminnently interfier with public infrstructure(power lines, communication lines. and under ground utilities, sewer, gas and water lines) and home foundation.patio cement damage is noticeable and no cracks or damage are visible to the naked eye at this time.But the longer we wait the bigger the cracks on the patio will get and the treat to under ground utilities and home foundation will become more inmminent.Acting is always better practice than reacting.reacting at the time you could see the damage to the main structure will be too late.Sincerely:Francisco Javier GarciaLS.A Certified Arborist On Jun 17, 2014, at 8:49 PM, "Stephen Rose" <stephenr@cityofcampbell.com> wrote:Valentin, Iappreciate your efforts to date and apologize for any frustration with the process. I will be sure to redouble my efforts to help provide clear/prompt responses to yourself and your arborist to help you progress your application. Unfortunately, when we first met I was still trying to get up to speed with the application when we met at the counter (and I had assumed the application would satisfy the necessary findings for removal and the notice could be prepared accordingly) - depending on workload, we can take up to thirty days to respond, and provided my transition onto the project, I was still getting up to speed with Rick's notes, emails and history of the project and prior incompleteness letter. At this time, I'm still seeking more detail to support the trees for removal. A typical arborist report will include the finding sought to be achieved, and specific details providing support/rationale. At this time, I've noted three arguments made for removal -all of which would require additional information to proceed (not that they necessarily do not meet the requirements). I have provided 3