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Tree Removal Permit - 2013CITY of CAMPBELL Community Development Department March 28, 2013 Betty 8~ Frederick Myers 1420 Juanita Way Campbell, CA 95008 Re: File No: PLN2013-56 Address: 1420 Juanita Way Application: Tree Removal Permit Dear N[r. and Mrs. Myers, The Campbell Planning Division has reviewed your March 3, 2013 Tree Removal Permit application (PLN2013-56) for removal of one Live Oak tree, measuring 70 inches in circumference, located adjacent to the single-family residence on the subject property. 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 Falline -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. 3. 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 staff inspection of the property, the Community Development Director has approved the removal of the Live Oak tree. The decision was based upon the City's observation of visible damage to the foundation of the single-family residence caused by the root system of the tree. The physical damage to the foundation does not appear to be able to be controlled or remedied through reasonable relocation or modification of the structure (satisfying Finding No. 2 -Potential Damage). PLN2013-56 - Tree Removal Permit Page 2 of 2 The removal of the tree is subject to the following Conditions of Approval: The applicant shall plant one (1) 24-inch box tree from the list of recommended replacement tree species list (attached). 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 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 City Clerk's Office, by 5:00 p.m. on Monday April 8, 2013. 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 appeal period. If you have any questions please do not hesitate to me at (408) 866-2142 or via email at stevep@cityofcampbell. com. Sincerely, Steve Prosser Associate Planner Encl: :Recommended Replacement Tree Species List cc: Paul Kermoyan, Interim Community Development Director