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TRP - Void - 2016CITY of CAMPBELL Community Development Department June 28, 2016 Kevin Allen, Commercial Tree Care 1935 Dry Creek Rd. #203 Campbell, CA 95008 Re: File No: PLN2016-179 Address: 556 Cherry Blossom Ln / 516 Plum Blossom Ln / 399 Llewellyn Ave Application: Tree Removal Permit Status: Incomplete Dear Applicant, The Campbell Planning Division has completed review of your Tree Removal Permit application (PLN2016-179) for removal of three (3) sycamore trees measuring 22-24" in diameter from the abovementioned properties. 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. Overplantin~ -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). 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. PLN2016-179 ~ 556 Cherry Blossom Ln / 516 Plum Blossom Ln / 399 Llewellyn Ave Page 2 of 3 The stated reasons for removal are structural damage and utility interference. Based upon a review of the application materials and an inspection of the trees, the Community Development Director has deemed the application incomplete for the three subject trees. Finding #2 (Structure Damage), applies to main structure(s) which, per Section 21.32.020 of Campbell Municipal Code, includes dwelling units, in-ground swimming pools, detached garages, and other accessory structures over 200 square feet. Damage to driveways, sidewalks, or roadways, which are not considered main structures, cannot substantiate a request for removal. The Planning Division is unable to make the determination of structure damage based only on the trees' proximity to structures. Staff did not observe any large roots in direct conflict with the foundations or roofs of the nearby homes but please notify the Planning Division if there is evidence of imminent structure damage or if structure damage has occurred. Also, if there are records available that document repairs to the homes after damage caused by the trees, please submit these to the Planning Division to make a case for removal. Finding #3 (Utility Interference) can only be made when there are no reasonable alternatives to preserve the tree when in conflict with utility line, but the Planning Division is unable to make the determination that interference with utility lines has occurred. Please provide the Planning Division with any records that document repairs to the utility lines after damage caused by the trees in order to make a case for removal. The trunk/root growth of the trees at 516 Plum Blossom Lane and 399 Llewellyn Avenue (in the 3 foot wide planters) do appear to be limited by the narrow planter. If this compromises the trees' stability then it may meet Finding #1 (Danger of Falling). To determine if this is the case, pursuant to Campbell Municipal Code Sec. 21.32.065 (C), the community development director may require preparation of an arborist report when the condition or viability of the tree is not readily evident and pursuant to CMC Sec. 21.32.155, preparation of an arborist report required under this Chapter shall be subject to the following: A. Selection. The arborist report shall be prepared by a certified arborist selected by the community development director and under the direction of the community development department. B. Fees and payment. The cost of the arborist report, plus an administrative review fee as adopted by the City Council, shall be remitted by the applicant prior to preparation of the arborist report. C. Content. The content of the arborist report shall be in compliance with Section 21.32.020, (Definitions -arborist report), or as otherwise required by the community development director as necessary to provide sufficient information to determine the merits of the application. D. Action of the City. The approval authority shall take into consideration the conclusions and recommendations of the arborist report. However, the arborist report shall be considered advisory only and its conclusions and recommendations shall not be binding upon the approval authority as to any determinations made under this Chapter. E. No involvement in removal. A certified arborist, including any tree maintenance firm or corporation, owned, operated or otherwise affiliated with such arborist, shall refrain from 70 NoRh First Street • Campbell, CA 9008-1423 • TEL (408) 866-2140 • Fax (408) 866-5140 • E-Mail planning@cityofcampbell.com PLN2016-179.., 556 Cherry Blossom Ln / 516 Plum Blossom Ln / 399 Llewellyn Ave Pale 3 of 3 any and all involvement in removal of the tree reviewed under this Chapter. Violation of this provision shall be subject to applicable penalties pursuant to Section 21.70.040, (Penalties). Please notify the Planning Division if you would like to proceed with your application; we then will select an independent arborist to prepare your report and provide additional information including fees. 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 • rEL (408) 866-2140 • Fnx (408) 866-5140 • e-Mn~t planning@cityofcampbell.com