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Tree Removal Permit - 2015February 2, 2015 Fred Jacobs 1536 More Ave Campbell, CA 95008 Re: File No: PLN2015-005 Address: 1536 More Ave Application: Tree Removal Permit Dear Mr. Jacobs, The Campbell Planning Division has completed review of your Tree Removal Permit application (PLN2015-005) for removal of one 20" Redwood tree and one 28" Redwood 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: 1. Diseased or Dander 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. PLN2015-005 ~ Tree Removal Permit Page 2 of 2 The stated reasons for removal of the trees are as follows: ^ Tree #1 (rear yard) -Redwood tree proximity to house foundation ^ Tree #2 (rear yard) -Redwood tree lifting deck, proximity to house foundation Based upon a review of the application materials and an inspection of the property, the Community Development Director has denied the Tree Removal Permit request because the required findings cannot be made. During the site inspection, staff observed that these two trees appeared to be in good health and were not overcrowding other protected trees to the extent that removal is necessary to ensure their long-term viability. Furthermore, the trees do not appear to be causing significant damage to the home or its foundation. While it was stated that Tree #2 is lifting the adjacent deck, decking is not considered to be a main structure, and damage to decking is not one of the potential findings for removal of a protected tree. Please consider alternative remedies to any perceived damage, such as rebuilding the decking or fencing around the tree. Finally, removal of existing trees to accommodate landscaping is not a finding for removal. Likewise, improving site drainage is not a finding for removal. There are other means of improving site drainage. 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 13, 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 please do not hesitate to contact me at (408) 871-5103 or via email at cindym@cityofcampbell.com. Sincerely, Cindy Mc ormick Senior Planner cc: Aki Honda Snelling, Planning Manager