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Tree Removal Permit - Denied - 2015City of Campbell Community Development Deparkment February 24, 2015 Mr. Don Araki 11981vf evada Ave San Jose, CA 95125 Re: File No: PLN2015-015.,, 191 W. Hamilton Ave Application: Tree Removal Permit Status: Denied Dear Mr. Araki, The Campbell Planning Division has completed review of your Tree Removal Permit application (PLN2015-015) for removal of one (1) 34" Elm tree and one (1) 36" Western Ash tree located 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 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. Overplanting -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 EnLyment 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. PLN2015-015 -Tree Removal Permit Page 2 of 2 The stated reason for removal of the Elm tree is that the tree is interfering with nearby utilities. The Elm tree is not protected and can be removed immediately. The stated reason for removal of the Ash tree is that the tree has been topped. Based upon a review of the application materials and an inspection of the property, the Community Development Director has denied removal of the Ash tree located in the rear of the property because, while the tree has been topped by PG&E to avoid interference with utilities, the tree still appears to be healthy in its current state. If future interference cannot be controlled or remedied through reasonable modification of the tree's branch structure, please submit a letter from PG&E to that effect. 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 March 6, 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) 871-5103 or by email at cindym@cityofcampbell.com. Thank you. Sincerely, Cindy McCormick Senior Planner cc: Aki Honda Snelling, Planning Manager