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Tree Removal Permit - 2015of . cA,~~ ~~• ~~ V r 0 0 '$, h F ~,~ •~RCHARO• City of Campbell Community Development Deparhnent January 26, 2015 Lili Mou 771 Monica Lane Campbell, CA 95008 Re: File No: PLN2015-018 Address: 771 Monica Lane Application: Tree Removal Permit Dear Ms. Mou, ~~ tife The Campbell Planning Division has completed review of your Tree Removal Permit application (PLN2015-018) for removal of three (3) Cedar trees (#1 - 109" Cedar tree; #2 - 70" cedar tree; #3 - 80" Cedar 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 Enjoyment 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. PLN2015-018 ~ Tree Removal Permit Page 2 of 2 The stated reasons for removal of the trees are as follows: ^ Tree #1 (rear yard) -danger of falling, structure damage, economic enjoyment and hardship ^ Tree #2 (rear yard) -danger of falling, utility interference, economic enjoyment and hardship ^ Tree #3 (front yard) -structure damage, economic enjoyment and hardship Based upon a review of the application materials and an inspection of the property, the Community Development Director has denied all three trees listed in Tree Removal Permit Application #PLN2015-018 because the required findings cannot be made. During the site inspection, staff observed that all three trees (PLN2015-018) appeared to be in good health and are not in any apparent 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. The trees do not appear to be causing any significant damage to existing main structure(s) that cannot be controlled or remedied through reasonable modification of the tree's root or branch structure. Likewise, the trees do not appear to be interfering 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. Furthermore, removal of existing trees to accommodate landscaping is not a finding for removal. Finally, the retention of the trees does not appear to restrict the economic enjoyment of the property, creates an unusual hardship, or severely limit the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties. 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 February 5, 2015. A written appeal must be accompanied by the required $200 appeal filing fee. Any decision not appealed within the ten-day period is final. If an appeal is filed, preparation of an arborist report is required and subject to the following: Selection. The arborist report shall be prepared by a certified arborist who must be pre- approved by the community development director. Fees and payment. The cost of the arborist report, plus an administrative review fee ,shall be remitted by the applicant prior to preparation of the arborist report. Content. The arborist report shall include photographic documentation of each tree proposed to be removed, indicating the location(s), variety or species, size(s), and condition of all such tree(s). The arborist report must include a visual examination of damage associated with the tree(s) and provides potential measures that may be taken to preserve the tree(s) or prevent further damage. The report shall conclude with a recommendation as to whether, in the professional judgment of the arborist, the tree(s) should be removed or preserved. 70 North First Street • Campbell, CA 95008-1423 • Tee (408) 866-2140 • Fax (408) 866-5140 • E-nnai~ planning c cityofcampbelLcom PLN2015-018 ~ Tree Removal Permit Page 3 of 2 Action of the City. The approval authority shall take into consideration the conclusions and recommendations of the arborist report. However, the arborist report shall be considered advisory only and its conclusions and recommendations shall not be binding upon the approval authority as to any determinations. No involvement in removal. A certified arborist, including any tree maintenance firm or corporation, owned, operated or otherwise affiliated with such arborist, shall refrain from any and all involvement in removal of the tree. 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, ,~~ ~{/rl~~C y Cormick Senior Planner cc: Aki Honda Snelling, Planning Manager 70 North First Street • Campbell, CA 95008-1423 • TFi_ (408) 866-2140 • Fnx (408) 866-5140 • ~-Mni~ planning(c?cityofcampbell.com