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Tree Removal Permit - 2012CITY of CAMPBELL Community Development Department November 13, 2012 Lin Tu 10552 John Way Cupertino, CA 95014 Re: File No: PLN2012-223 Address: 601 Kenneth Avenue Application: Tree Removal Permit Dear Mr. Tu, The Campbell Planning Division has reviewed your October 15, 2012 Tree Removal Permit application (PLN2012-223) for removal of one (1) Holly Oak tree, measuring 16" 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: i . 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 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 has 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 Developmett Director has approved removal of the Oak tree, finding that its retention would cause further damage to the house (satisfying Finding No. 2 -Potential Damage). The removal of the tree is subject to the following Conditions of Approval: 1. The applicant shall plant one (1) 24-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. PLN2012-223 ~ Tree Removal Pernlit Pabe 2 of 2 This decision is f nal 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 November 23, 2012. If an appeal is received, you will be immediately notified of its receipt. Otherwise, you may 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) 866-2144 or via email at rafaelm@cityofcampbell. com. Sincerely, Rafael Miranda Project: Planner cc: Paul Kermoyan, Interim Community Development Director