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Tree Removal Permit - Pine - 2017CITY of CAMPBELL Community Development Department February 23, 2017 Denise Sanders 609 Union Ave Campbell, CA 95008 Ike: File No: PLN2017-40 Address: 563 Union Ave Application: Tree Removal Permit Dear Applicant, The Campbell Planning Division has completed review of your Tree Removal Permit application (PLN2017-40) for removal of one (1) Canary Island Pine tree measuring 23 inches iri diameter located in the central open space area at Dry Creek Place. After an application was submitted to remove the tree due to a lean and codominant limbs and before a decision was made, a large limb fell. 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) however a tree removal permit must still be processed. 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 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 Damace -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). PLN2017-40 ~ 563 Union Ave Paae 2 of 2 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 axe 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, the Community Development Director has approved removal of the tree because a large limb has fallen and, the lean is increasing and lifting the soil around the trunk, presenting 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: 1.: -The applicant shall plant one (1) 24-inch box Chinese Pistache tree 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 March 6, 2017. 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 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 J Planning Technician cc: Paul Kermoyan, Community Development Director