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Tree Removal Permit - 2013CITY of CAMPBELL Comrnunity Development Department March 27, 2013 Jeremy Simon Tunnicliffe 200 Dillon Avenue, Suite D Campbell, CA 95008 Re: File No: PLN2013-49 Address: 1199 W. Hacienda Avenue Application: Tree Removal Permit Dear Mr. Tunnicliiffe, The Campbell Planning Division has reviewed your February 28, 2013 Tree Removal Permit application (PLN:2013-49) for removal of one (1) Deodar Cedar, measuring 34" in diameter located on property at the above address. 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. 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 Enioyment and Hardshiy -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 ha.s demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives ito 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 reviiew of the application materials and an inspection of the property, the Community Development Director has approved removal of the Deodar Cedar, finding that any preservation procedures to repair existing damage caused by previous trimming necessary to minimize limb interference with existing utility lines could cause substantial and irreparable damage to tree. This damage would increase the likelihood of falling, which would cause substantial damage to the adjacent residence; (satisfying Finding No. 2 -Potential Damage). PLN2013-49 ~ Tree Rem. Permit Page 2 of 2 The removal of the tree is subject to the following Condition of Approval: 1. The applicant shall plant one (1) 36-inch box tree somewhere on the above referenced property. 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. Once the replacement tree has been planted, the applicant shall provide photographic evidence of planting or shall contact the planning division to schedule a compliance inspection. 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 April 8, 2013. If a.n appeal is received, you will be immediately notified of its receipt. Otherwise, you may remove l:he aforementioned tree at the close of the required appeal period. If you have any questions please do not hesitate to contact me at (408) 866-2142 or via email at stevep@cityofcampbell. com. Sincerely, Steve Prosser Associate Planner cc: Paul Kermoyan, Interim Community Development Director Daniel Anderson, 1199 W. Hacienda Avenue, Campbell, CA 95008 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • F.ax (408) 866-5140 • E-NtaiL planning@cityofcampbell.com