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Tree Removal Permit - Denied - 2013June 26, 2013 Daniel Fama 70 North First Street Campbell, CA 95008 Re: File No: PLN2013-93 Address: 1464 Picadilly Place Application: Tree Removal Permit Decision: Denied Dear Mr. Fama, ~,~v ~~ JUN ~ 8 2013 ~~l LA~NN NG DEPT ~ Upon reviewing your letter dated 6/21/13 which I received today I am appalled that the tree was denied. Referencing, City Municipal Code. SEC. 21.32.080 numerical two it states: 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. This tree certainly falls into this category. If this tree should fall or lose a limb not only would it do damage to a building beyond repair, but should someone be in their home and it fell it could cause injury or loss of lives. There is less then 20feet to the neighbor behind me and there are five residences that the tree has the potential of falling on. Based on the winds we have had in 2012 and 2013 this tree bends approximately 40% and has my neighbor and myself worried. Should it fall it will also take down the power lines. In light of the Tree falling at Willow Street Park on June 1St which according to multiple Arborists' was a healthy tree by appearances why would the City want to take on such liability? This tree is approximately. 60 years old, the root system has extended into my neighbors yard and ruined their brick and lawn. Recently in the city of San Jose the Arborist I hired told me he informed you of a situation much like mine where the Redwood Tree roots encroached into the neighbor's yard and damaged the landscape. The owners sued the people with the Redwood Tree and won. The Redwood tree came down and the person had to redo the neighbors' backyard at a substantial cost. I do not want this to happen to me. The tree should never have been planted along the property line and your suggestion to me of not putting in a fence is unacceptable to my neighbor and I especially since we both have dogs and a fence defines ones property line. I am letting you know that I have tried to take ahands-on approach regarding my liability of the tree. I hired an aborist as you requested who stated a "high failure potential" of the tree towards falling. I was amazed that the City's consulting Arborist did not come to the property to view the tree, nor did he speak with the aborist I hired, Carlos Corona. CITY of CAMPBELL Community Development Department June 21, 2013 Colleen O'Connell 1464 Picadilly Pl. Campbell, CA 95008 Re: File No: PLN2013-93 Address: 1464 Picadilly Pl Application: Tree Removal Permit Decision: Denied Dear Ms. O'Connell, 7'he Campbell Planning Division has completed review of your April 10, 2013 Tree Removal Permit application (PLN2013-93) for removal of one (1) 73-inch (d) Coast Redwood tree located in the back yard of your property. Pursuant to Campbell Municipal Code (CMC) Sec. 21.32.080, the Community Development Director may approve a Tree Removal Permit only after making at least one of the following findings: 1. 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. 3. Economic Eniovment 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 documents, including the submitted arborist report, and a visual inspection of the tree, the Community Development Director has determined that the required findings for approval have not been met. Specifically, this request cited (1) damage to the adjacent wood fence, the neighboring property's brick work, and to a lawn sprinkler; (2) the continued cost of maintenance; and (3) danger of falling, as grounds to remove the tree. PLN2013-93 ~ Tree Removi^ ermit Page 2 of 2 As noted above, damage to non-building improvements such as fences and flat-work cannot be used to substantiate a request for removal as damage must occur to a "main building". Additionally, normal maintenance and care of trees is an ordinary responsibility of property ownership and is not considered an undue hardship. Lastly, in regards to the asserted danger of falling, neither the submitted arborist report nor staffs discussion with the consulting arborist, demonstrated that failure of the tree is likely. Moreover, potential for limb breakage stemming from epicormic growth caused by a topping of the tree can be reasonable controlled through regular pruning. Therefore, the application to remove the Coast Redwood tree is denied. This decision is final in 10 calendar days of the Community Development Director's decision, unless an appeal is received in writing at the Community Development Department, on or before 5:00 PM on July 1, 2013. An appeal must be made in writing to the Community Development Department and accompanied by a $200 appeal fee. Any decision not appealed within the ten- day period is final. If you have any questions, I may be contacted at (408) 866-2193 or by email at danielf(a~cit_ oy fcampbell.com. Sincerely, Dantel Fama Associate Planner cc: Paul Kermoyan, Community Development Director