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Tree Removal Permit - Cedar - 2017CITY of CAMPBELL Community Development Department September 29, 2017 Debbie Craver and Geri Ledvina 100 S. 2"d St Campbell, CA 95008 Re: File No: PLN2017-278 Address: 100 S. 2"d St Application: Tree Removal Permit Status: Approved Dear Applicant, The Campbell Planning Division has completed review of your Tree Removal Permit application (PLN2017-278) for removal of one (1) cedar tree measuring 44" in diameter located in the front yard of the abovementioned property. 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 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. PLN2017-278 ~ 100 S 2"d St Page 2 of 2 The stated reasons for removal are danger of falling and structure damage after large limbs fell during two separate incidents resulting in damage to the home. Based upon a review of the application materials and an inspection of the tree, the Community Development Director has approved removal of the cedar tree due to interference 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 (satisfying Finding No. 3 -Utility Interference). On its own with no signs of disease or poor health and when a significant portion of the tree remains, a fallen limb does not satisfy Finding No. 1 -Danger of Falling and generally branches can be pruned away from a structure which makes Finding No. 2 -Structure Damage not applicable. However the tree is located adjacent to a utility pole with overhead utility lines on four sides of the tree. Significant pruning has been performed previously to provide necessary clearance around the utilities (as allowed by the Tree Protection Ordinance for public utility companies), resulting in a poor canopy structure. To continue preventing utility interference, retention of the tree would require ongoing removal of significant portions of the canopy beyond what is considered reasonable modification of the branches, which would likely lead to further structural issues where Finding No. 1 (Danger of Falling) would then apply. Removal of the tree is subject to the following Conditions of Approval: The applicant shall plant one (1) 36-inch box tree per the Replacement Plan dated September 7, 2017. Replacement species may not include fruit trees or Eucalyptus trees. 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. Note that the replacement tree does not need to be in the same location. 2. The applicant shall provide the Project Planner with photographs of the installed replacement tree (email address below). 3. This permit is valid for a period of one year. This decision including the above conditions 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 October 9, 2017. A written appeal must be accompanied by the required $750 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 naznna,citvofcamobell.com. Sincerely, / ~ / / `/~~ Naz Pouya Planning Technician cc: Paul Kermoyan, Community Development Director 70 North First Street • Campbell, CA 95008-1423 • TEt. (408) 866-2140 • Fnx (408) 866-5140 • e-Matt. planning@cityofcampbelLcom