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Tree Removal Permit - Cedar - 2016CITY of CAMPBELL Community Development Department November 16, 2016 Wilfried Bair 402 California St Campbell, CA 95008 Re: File No: PLN2016-352 Address: 402 California St Application: Tree Removal Permit Dear Applicant, The Campbell Planning Division has completed review of your Tree Removal Permit application (PLN2016-352) for removal of one (1) cedar tree measuring 20 inches in diameter located in the backyard of the abovementioned property. The Community Development Director has deemed this tree to constitute an emergency, allowing the tree to be removed without a permit per Campbell Municipal Code Sec. 21.32.060 (Exemptions from Campbell Tree Protection Regulations) which requires a tree removal permit to be filed within 10 days of the emergency removal. 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 Danner of Fallin>; -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 70 North First Street • Campbell, CA 95008-1423 • TEt, (408) 866-2140 • Fnx (408) 866-5140 • E-t~tntLp]anning@cityofcampbell.com PLN2016-352 ~ 402 California St Page 2 of 2 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. The stated reasons for removal are danger of falling. Based upon a review of the application materials and an inspection of the tree; the Community Development Director approved removal of the tree because one major limb has fallen and another major limb has developed a large crack, and the tree presented 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 (satisfying Finding No. 1 -Diseased or Danger of Falling). Removal of the tree is subject to the following Conditions of Approval: The applicant shall plant one (1) 24-inch box large- canopy evergreen at the above referenced property. 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 the replacement tree. 2. The applicant shall provide the Project Planner with photographs of the installed replacement trees. (email address below). 3. This permit is valid for a period of one year. This decision including the above condition of approval 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 November 28, 2016. 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) 866-2144 or by email at nazp@cityofcampbell.com. Sincerely, ~~ Naz Pouya Project Planner cc: Paul Kermoyan, Community Development Director 70 North First Street • Campbell, CA 95008-1423 • TsL (408) 866-2140 • Fnx (408) 866-5140 • E-NtniL planning@cityofcampbell.com