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Tree Removal Permit - 2015Community Development Department September 23, 2;015 Brian Avery 130 East Dana Street Mountain View., CA 94041 Re: File No: PLN2015-279 Address: 575 W. Hacienda Ave Application: Tree Removal Permit Dear Applicant, The Campbell Planning Division has completed review of your Tree Removal Permit application (PL]V2015-279) for removal of one (1) oak tree measuring 12' in circumference located at the end of the west driveway off of Hacienda Ave. On Tuesday September 8, 2015 the City of Campbell was notified that a major limb fell from an existing oak tree, damaging the adjacent apartment building and a vehicle parked below. The fallen limb was left in place for City staff to examine. City Staff observed evidence of rot and hollow spaces within the fallen portion as well as the remaining tree trunk and branches. In addition, the tree had developed a slight lean over time that was counterbalanced by the limb that fell. Without the counterbalance, the tree was in danger of falling onto the adjacent parking lot. The Community Development Director deemed the tree to constitute an emergency, allowing the tree to be removed without a permit per Campbell Municipal Code Sec. 21.32.060 (Exemptions from Campbell Tree Protection Regulations) which requires a tree removal permit ~to be filed within 10 days of the emergency removal. 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 Dancer of Falling -The tree or trees are 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. Utili 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. PLN2015-279 ~ 575 W. Hacienda Ave Pale 2 of 2 Overplant~ -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). Economic En~ovment 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. The stated reasons for removal are danger of falling and structure damage. Based upon a review of the application materials and an inspection of the tree, the Community Development Director approved removal of the tree because the internal decay and structural imbalance 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 (satisfying Finding No. 1 -Diseased or Danger of Falling). Removal of the tree is subject to the following Conditions of Approval: The applicant shall plant one (1) 36-inch box tree somewhere on the above referenced property. Replacement species shall be a large canopy shade tree and may not include fruit trees or Eucalyptus 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 for the species chosen as the replacement tree. This decision including the above condition of approval 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 October ~, 2015. 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 approved tree after the close of the 10-day appeal period. If you have any questions regarding this letter, please contact me by phone at (408) 866-2144 or by email at nazp@cityofcampbell.com. Sincerely, Naz Pouya Project Planner cc: Paul Kerrr-oyan, Community Development Director