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Tree Permit - 2001 CITY OF CAMPBELL Community Development Department - Current Planning June 4, 2001 Mr. Dennis Johnstone 1312 Ridgeley Dr. Campbell, CA 95008 Re: Tree removal permit at 1312 Ridgeley Drive Dear Mr. Johnstone, At their meeting of May 22, 2001, the Planning Commission held a public hearing to consider the appeal of the Administrative Approval of Tree Removal Permit PLN2001-41. After due discussion and consideration, the Planning Commission adopted resolution No. 3349 denying the appeal and allowing the removal of one (1) Coast Live Oak tree from property located at 1312 Ridgeley Drive. This decision is final. The oak tree in the rear yard of this property may now be removed at your convenience. Please note that the replacement tree, one (1) 36-inch box Pyrus Kawakamii (Evergreen Pear), is required to be planted within thirty (30) days of the date of removal. If you have any additional questions, feel free to give me a call at (408) 866-2142. Sincerely, Kristi Bascom cc: GeoffBradley, Senior Planner 70 North First .Street · Campbell, California 95OO8-1436 · 'rEt. 408.866.2140 . FAX 408.866.8381 · rDD 408.866.2790 CITY OF CAMPBELL Community Development Department - Current Planning May 24, 2001 Jennifer & John Van Muckey 1304 Ridgeley Drive Campbell, CA 95008 Peterson Family 1305 McBain Avenue Campbell, CA 95008 Re: Appeal(s) of Tree Removal Permit - 1312 Ridgeley Drive Dear Appellants: Please be advised that at its meeting of May 22, 2001, the Planning Commission adopted Resolution No. 3349 denying your appeals and upholding the Administrative Approval for a Tree Removal Permit to allow the removal of an Oak tree on the above-referenced property. This action is effective in ten days, unless appealed in writing to the City Clerk. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2142. Sincerely, Kristi Bascom Planner I Dennis Johnston 1312 Ridgeley Drive Campbell, CA 95008 70 North First Street . Campbell, California 95008-1436 · TEL 408.866.2 140 · FAX 408.866.838 I · TDD 408.866.2790 RESOLUTION NO. 3349 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING AN ADMINISTRATIVE APPROVAL FOR A TREE REMOVAL PERMIT TO REMOVE AN OAK TREE ON PROPERTY LOCATED AT 1312 RIDGELEY DRIVE IN AN R-l-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. FILE NO. PLN2000-41. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2000-41: 1. The proposed Tree Removal Permit is allowed and consistent with the R-l-6 (Single-Family Residential) zoning designation and the General Plan Low Density Residential designation. 2. The proposed tree replacement plan of one (1) 36-inch box Pyrus Kawakamii (Evergreen Pear) tree is consistent with the requirements of the Tree Protection Ordinance. 3. The proposed replacement tree will be a sufficient replacement for the oak tree to be removed and will continue the diversity of tree species found in the community. 4. The existing oak tree has the potential to cause substantial damage to the power lines and could present a serious fire and/or utility hazard. 5. In the past, the situation has been reasonably controlled through regular maintenance, but a large tree in this location is discouraged by the Society of Arboriculture, the California Public Utilities Commission, and PG & E. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The approved Tree Removal Permit is consistent with the City's General Plan and Zoning Ordinance. 2. The approved Tree Removal Permit is consistent with the City's Tree Protection Ordinance. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Approved Project: Approval is granted for a Tree Removal Permit (PLN2001-41) to allow the removal of one (1) Coast Live Oak except as may be modified by the Conditions of Approval contained herein. Planning Commission Reso,_,~on No. 3349 PLN2001-41 - Denial of Appeal and Upholding Administrative Tree Removal Permit Page 2 Replanting Plan: The applicant is required to plant one (1) 36-inch box tree to replace the Oak tree in the southwestern comer of the property. So that the same problem does not occur again, the Director has approved the planting of a smaller tree, a Pyrus Kawakamii (Evergreen Pear) in the same comer. The replacement tree must be installed within 30 days of the final approval date of the Tree Removal Permit following the appeal period. Failure to abide by the terms of these conditions shall nullify the approval. PASSED AND ADOPTED this 22nd day of May, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Francois, Gibbons, Jones, Lindstrom and Lowe Hemandez None None APPROVED: Mel Lindstrom, Chair ATTEST: Sharon Fierro, Secretary ITEM NO. 3 STAFF REPORT - PLANNING COMMISSION MEETING OF MAY 22, 2001 Appeal of PLN2001-41 Peterson and Van Muckey Public Hearing to consider the appeals by Mr. and Mrs. Peterson and Mr. and Mrs. Van Muckey of the Administrative Approval of a Tree Removal Permit (PLN 2001-41) to allow the removal of one (1) Coast Live Oak tree from property located at 1312 Ridgeley Drive in a R-l-6 (Single-Family Residential) Zoning District. PLANNING COMMISSION ACTION The Planning Commission may take one of the following actions: 1. Adopt a Resolution upholding the Administrative Approval of PLN2001-41 allowing the removal of the Coast Live Oak and denying the appeal, subject to the attached Conditions of Approval; or 2. Adopt a Resolution upholding the appeal and overturning the Administrative Approval of PLN2001-41 denying the removal of the Coast Live Oak; or 3. Continue the item for further review. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15303 Class 4 of CEQA pertaining to minor alterations in the condition of land. BACKGROUND The property contains two large oak trees, one birch, and one palm. One oak is in the front yard and one is in the rear. The subject tree is the oak located in the rear yard. Administrative Approval: On March 29, 2001, the Community Development Director approved a Tree Removal Permit (PLN 2001-41) to allow the removal of one (1) Coast Live Oak tree with a 28-inch diameter on property located at 1312 Ridgeley Drive. The tree is located in the southwest comer of the rear yard of the property. The canopy of the tree covers the comers of four lots, including the subject property, the lots of the two appellants, and another rear neighbor. The power lines serving the properties in this neighborhood run along the rear fence lines and the oak tree serves to hide the view of the power poles from each neighbor's rear yard. However, because of the close proximity of the power poles, the tree needs frequent trimming to avoid interference with the lines. PG & E trimmed the oak in February, according to the applicant, and the result is an oak tree that is lopsided and unbalanced, leaning nearly entirely over the neighboring property. Staff Report - Planning Commission Meeting of May 22, 2001 PLN 2001-41 - 1312 Ridgeley Drive Concerns about this oak tree were initially brought forth as a code enforcement complaint from a neighbor who was disturbed by the results of the severe trimming and the impact it might have on the health of the tree. Staff met with the property owner to discuss the complaint and the nature and reason for the trimming was determined. The applicant decided to proceed with a Tree Removal Permit application since the continued trimming of the tree in order to avoid the power lines was causing concern to the neighbors and to let the tree grow through the lines could present a serious fire and/or utility hazard. The Community Development Director approved a Tree Removal Permit for the oak tree based on the following reasons: · The Society of Arboriculture recommends that trees which grow to over 20 feet in height be planted no closer than 15 feet to any overhead power lines. This tree is well over 20 feet in height, the trunk of the tree is closer than 10 feet to the utility pole, and the branches of the tree are much closer than 10 feet. · The California Public Utilities Commission warns that trees interfering with power lines represent one of the largest causes of power outages in California and that trees in contact with power lines can act as an ignition source of fires. · PG & E states that continual side pruning of trees to achieve the required clearance around utility lines can make a tree less resistant to pest problems as well as destroy the tree's natural structure and aesthetic value. Staff determined that the situation could not be reasonably remedied by means other than removal, and therefore, an approval was issued to remove the oak tree with the condition that one (1) 36-inch box Pyrus Kawakamii (Evergreen Pear) tree be planted in its place. The decision was appealed. Appeal: On April 9, 2001, the City received two letters appealing the administrative approval of Tree Removal Permit (PLN2001-41), one from Mr. and Mrs. Peterson, who live behind the subject property at 1305 McBain Avenue, and one from Mr. and Mrs. Van Muckey, who live next door to the subject property at 1304 Ridgeley Drive. (See Attachments 4 and 5) The appellants cited concerns regarding neighborhood appearance, wildlife, and the visual impacts of removing the tree. The appellant hired a certified arborist to examine the tree, and the arborist supported the oak's removal. He noted the poor pruning technique and resulting poor tree structure as well as this being a poor location for a tree of this size. The arborist recommended that the tree be removed and replaced with a tree that is better suited to the space. Staff Report - Planning Commission Meeting of May 22, 2001 PLN 2001-41 - 1312 Ridgeley Drive Attachments: 1. Findings for upholding the Administrative Approval and denying the appeal of PLN2001-41 2. Findings for upholding the appeal and denying the Administrative Approval of PLN2001-41 3. Conditions of Approval 4. Letter of Appeal submitted by Mr. and Mrs. Peterson 5. Letter of Appeal submitted by Mr. and Mrs. Van Muckey 6. Arborist's Report 7. Site Plan 8. Photo 9. Location Map Prepared by: Approved by: Khsti Bascom, Planner I G~o/ff I. Bradley, Senic~r Planne~,/,/ File: J:\ReportsL~PPEALS\PLN 2001-41 1312 Ridgeley Dr.doc Attachment 1 FINDINGS FOR UPHOLDING THE ADMINISTRATIVE APPROVAL AND DENYING THE APPEAL OF FILE NO. PLN2001-41 APPELLANTS: SITE ADDRESS: DATE: Mr. and Mrs. Peterson and Mr. and Mrs. Van Muckey 1312 Ridgeley Drive May 22, 2001 Findings for upholding the Administrative Approval and denying the appeal of PLN2001-41 to allow the removal of one (1) Coast Live Oak tree on property located at 1312 Ridgele¥ Drive. The Planning Commission finds as follows with regard to File No. PLN2001-41: 1. The proposed Tree Removal Permit is allowed and consistent with the R-l-6 (Single-Family Residential) zoning designation and the General Plan Low Density Residential designation. 2. The proposed tree replacement plan of one (1) 36-inch box Pyrus Kawakamii (Evergreen Pear) tree is consistent with the requirements of the Tree Protection Ordinance. 3. The proposed replacement tree will be a sufficient replacement for the oak tree to be removed and will continue the diversity of tree species found in the community. 4. The existing oak tree has the potential to cause substantial damage to the power lines and could present a serious fire and/or utility hazard. 5. In the past, the situation has been reasonably controlled through regular maintenance, but a large tree in this location is discouraged by the Society of Arboriculture, the California Public Utilities Commission, and PG & E. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The approved Tree Removal Permit is consistent with the City's General Plan and Zoning Ordinance. 2. The approved Tree Removal Permit is consistent with the City's Tree Protection Ordinance. Attachment 2 FINDINGS FOR DENYING THE ADMINISTRATIVE APPROVAL AND UPHOLDING THE APPEAL OF FILE NO. PLN2001-41 APPELLANTS' SITE ADDRESS: DATE: Mr. and Mrs. Peterson and Mr. and Mrs. Van Muckey 1312 Ridgeley Drive May 22, 2001 Findings for overturning the Administrative Approval and upholding the appeal of PLN2001-41 to deny the removal of one (1) Coast Live Oak tree on property located at 1312 Ridgeley Drive. The Planning Commission finds as follows with regard to File No. PLN2001-41: 1. The proposed Tree Removal Permit is not consistent with the R-l-6 (Single-Family Residential) zoning designation and the General Plan Low Density Residential designation. 2. The proposed tree replacement plan of one (1) 36-inch box Pyrus Kawakamii (Evergreen Pear) tree is not consistent with the requirements of the Tree Protection Ordinance. 3. The proposed replacement tree will not be a sufficient replacement for the oak tree to be removed and will not continue the diversity of tree species found in the community. 4. The existing oak tree does not have the potential to cause substantial damage to the power lines and could not present a serious fire and/or utility hazard. 5. The situation can be reasonably controlled through regular maintenance of the oak tree in this location. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The approved Tree Removal Permit is not consistent with the City's General Plan and Zoning Ordinance. 2. The approved Tree Removal Permit is not consistent with the City's Tree Protection Ordinance. Attachment 3 CONDITIONS OF APPROVAL FOR FILE NO. PLN 2001-41 APPELLANTS' SITE ADDRESS: DATE: Mr. and Mrs. Peterson and Mr. and Mrs. Van Muckey 1312 Ridgeley Drive May 22, 2001 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Approved Proiect: Approval is granted for a Tree Removal Permit (PLN2001-41) to allow the removal of one (1) Coast Live Oak except as may be modified by the Conditions of Approval contained herein. Replanting Plan: The applicant is required to plant one (1) 36-inch box tree to replace the Oak tree in the southwestern comer of the property. So that the same problem does not occur again, the Director has approved the planting of a smaller tree, a Pyrus Kawakamii (Evergreen Pear) in the same comer. The replacement tree must be installed within 30 days of the final approval date of the Tree Removal Permit following the appeal period. Failure to abide by the terms of these conditions shall nullify the approval. April 3, 2001 Kristi Bascom City of Campbell 70 North First Street Campbell, Ca 95008 Ref: File No: PLN 2001-41 RECEIVED 9 ZOO1 CiTY OF CAMPBELL PLANNING DEPT, Dear Ms. Bascom: We received notice of the proposed oak tree removal on 1312 Ridgely Dr. Several reasons for removal are cited in the notice. The notice focuses on the fact that the Oak tree was interfering with the power lines. In 1996 we had PG&E come and view the tree to discuss trimming the tree. Please note that at that time the tree had not been trimmed at all. The PG&E representative indicated that their only concern is the high power lines, which in this situation are at the very top of the pole, and that the tree did Not interfere with these lines. Consequently, from their perspective there was no reason to trim the tree. We find it difficult to believe that after several trimmings it has become a problem. We understand that the location of this large oak tree is not ideal, but the tree has been growing and prospering in this location for 40 years. Until recently, this tree was a home to much of the neighborhood wildlife. Since its' trimming we have seen a decline in the amount of wildlife present. Unfortunately Mr. Johnstone chose not to follow the city ordinances when he trimmed the tree. He cut the tree so severely that there is now the risk it won't survive, in addition to the fact that it is pretty ugly. Had Mr. Johnstone choose to follow the ordinance and requested permission to remove the tree before he conducted his "trimming" we suspect you would have received many more complaints. One of the reasons we chose to live in this neighborhood was all of the old growth trees. We found it comforting to know that the city was doing their best to protect them as it makes this area of Campbell more desirable to live in. We believe Mr. Johnstone wishes to remove the tree not because of its interference with the power lines, but because he doesn't want to clean up after it. For this reason we cannot support its removal. Sincerely, Aliza, Terry, Joshua, & Ryan Peterson April 8, 2001 Planning Commission City of Campbell 70 North First Street Campbell, CA. 95008 Re: File No. PLN 2001-41 To Whom It May Concern: This letter represents our appeal to the oak tree removal at 1312 Ridgeley Drive. The older mature trees throughout our neighborhood create the beauty that makes this one of the nicest neighborhoods in Campbell. We feel removing this 40 year old tree diminishes this beauty,. We realize there are other lax'ge trees on the property, however the removal of this particular tree impacts not just the homeowner, but others as well. As noted in the tree removal notice, this oak tree grows near a utility pole. The trunk and foliage of this tree obscures the view of the pole from more than one neighbor's yard and house. Obviously, we would rather see the beauty of this tree rather than a utility pole. We realize that large trees near utility poles and power lines can represent safety risks. However, please note that the side of the tree extremely cut back without a permit grew away from the pole and the lines not into them. A/so, we believe that prudent care of the tree would allow it to exist safely in it's current location as it has for the many years.. Currently, the tree has sprouted new groxvth on the side that was cut, possibly indicating it's overall health and ability to overcome the extreme pruning. If the current condition of this tree due to the extreme cutting represents concern of it's well being and the likelihood of it's survival, why not obtain as~ evaluation of the tree by a licensed arborist? Lastly, as a resident of Campbell we have gone through the permit process for tree removal. We obtained our permit before altering the tree in any way. We find it very frustrating that others are allowed to cut protected trees without the appropriate permit. Thank you for your time and consideration in this matter. Sincerely, RECEIVED AP - 9 200! CITY OF CAUPBELL PLANNING DEPT. o~ .c,%~ CITY of' CAMPBELL (~'ommunity Dcvclol, mcnt l)cpartmcnt - ('~urrcnt t)lalmin~ May 11, 2001 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, May 22, 2001, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider Appeals of an Administrative Tree Removal Permit (PLN2001-41) to allow the removal of an oak tree on property located at 1312 Ridgeley Drive in an R-l-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2001-41 Address: 1312 Ridgely Drive 70 North First 5trcct · (~ampbcll. (~'aliloruia 9500S 143o I1~ 408.80t~.2140 I xx 408.8o0.8381 o~ .ca%~ CITY OF CAMPBELL Community Development Department April 9, 2001 Dennis Johnstone 1312 Ridgeley Dr. Campbell, CA 95008 Re: PLN2001-41 - Appeal of decision for permit to remove one oak tree at 1312 Ridgeley Dr. Dear Mr. Johnstone, An appeal of the administrative decision of the Community Development Director for a Tree Removal Permit (PLN2001-41) to remove one (1) oak tree on property at 1312 Ridgeley Drive has been filed with the Planning Division. This appeal will be heard before the Planning Commission at the earliest regular meeting, which is May 22, 2001. Being that this decision has been appealed, the oak tree may not be removed from this site. In light of this appeal and the upcoming public hearing on this item, it is in your best interests to have a certified arborist prepare a report and recommendation on whether the tree should be removed or should remain. Please send a copy of this report to my attention by April 30, 2001. With this information, the Planning Commission may affirm, reverse or modify the administrative decision. If you have any questions regarding this matter, please do not hesitate to contact me at the Community Development Department at (408) 866-2142. Sincerely, Kristi Bascom Planner I cc: GeoffBradley, Senior Planner 70 North First Street · Campbell. California 95005 1436 · Itt 405.806.2140 F',x 408.8668381 . TI)D 408.866.2790 O~ · CITY oF CAMPBELL Community Development Department March 29, 2001 NOTICE OF TREE REMOVAL Notice is hereby given that the Community Development Director of the City of Campbell has conditionally approved an application for a Tree Removal Permit (PLN 2001-41) to remove one Oak tree on property located at 1312 Ridgeley Drive in a R-l-6 (Single Family Residential) Zoning District (see map on reverse). Reason for Grantin~ Tree Removal The Tree Removal Permit has been approved based upon the City's determination that the tree is growing too close to public utility lines. Staff has found the following to be compelling reasons for the removal of the tree: · Society of Arboriculture recommends that trees which grow to over 20 feet in height be planted no closer than 15 feet to any overhead power lines. This tree is well over 20 feet in height, the trunk of the tree is closer than 10 feet to the utility pole, and the branches of the tree are much closer than 10 feet. · The California Public Utilities Commission warns that trees interfering with power lines represent one of the largest causes of power outages in California and that trees in contact with power lines can act as an ignition source of fires. · PG & E states that continual side pruning of trees to achieve the required clearance around utility lines can make a tree less resistant to pest problems as well as destroy the tree's natural structure and aesthetic value. Staff has determined that the situation cannot be reasonably remedied by means other than removal. Conditions of Approval for Tree Removal The applicant is required to plant one (1) 36 inch box tree to replace the Oak tree in the southwestern comer of the property. So that the same problem does not occur again, the Director has approved the planting of a smaller tree, a Pyrus Kawakamii (Evergreen Pear) in the same comer. The replacement tree must be installed within 30 days of the final approval date (if no appeals are filed) of the Tree Removal Permit following the appeal period. This approval is final in ten (10) days unless an appeal is received in writing at the City Clerk's Office, 70 N. First Street, Campbell on or before Monda~ April 9~ 2001. Questions may be addressed to Kristi Bascom, Planner I, in the Community Development Department at (408) 866-2140. PLEASE NOTE: PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY When calling about this Notice, please refer to File No. PLN 2001-41 Address: 1312 Ridgely Drive 70 North First ,qtrcct , Campbell, California 95008 1436 · 1}~ 408,860.2140 - fA× 408,866.8381 · ]DI) 408.866.2790 Replacement tree is 36" box Pyrus Kawakamii (Evergreen Pear) from the "City of Campbell's Water Conserving Plant List" and is to be planted in the same area of the tree to be removed. CITY OF CAMPBELL Community Development Department March 19, 2001 Mr. Dennis Johnstone 1312 Ridgely Dr. Campbell, CA 95008 Re: Tree removal permit at 1312 Ridgely Drive Dear Mr. Johnstone, Thanks for coming in today to discuss your damaged oak tree. I have your application on hand and you will be giving me a call once you have decided what 36-inch box tree you want to replant in place of the oak. After you have decided what you'd like to replace the oak tree with, the Community Development Director can make the decision whether the tree should be removed or not. Given the fact that this tree is interfering with the PG and E transmission lines and transformer, I don't imagine that this will be a difficult decision. According to the Tree Protection Ordinance of the Campbell Municipal Code, property owners within 300 feet are notified of the decision and there is a 1 O-day appeal period. If no appeals are heard within this period, the decision is final and the tree can be removed. You will then be responsible for replanting the replacement tree within 30 days from the date of removal. If you have any additional questions, feel free to give me a call at (408) 866-2142. Sincerely, Kristi Bascom cc: GeoffBradley, Senior Planner 70 North First Street · Campbell, California 95008-1436 · '[EL 408.866.2140 - FXX 408.866.8381 · YDD 408.866.2790 CITY OF CAMPBELL Community Development Depart~ncnr March 15,2001 Mr. Dennis Johnstone 1312 Ridgely Dr. Campbell, CA 95008 Re: Damage to Oak tree at 1312 Ridgely Drive Dear Mr. Johnstone, It has been brought to the attention of the Community Development Department that a large oak tree on your property has been recently cut back to main branches only. Please be advised that the City has a Tree Protection Ordinance in the Municipal Code that prohibits the severe trimming of a protected tree that either destroys the symmetrical appearance of the tree and/or compromises the long-term health or survival of the tree. Protected trees in your single-family residential zone are oak, redwood, cedar, and ash. A drive-by inspection of your property indicated that the pruning done to the oak at 1312 Ridgely Drive was indeed severe and is considered to be the equivalent of removing the tree. Section 21.56.160 of the Campbell Municipal Code states that "any person unlawfully removing or destroying any tree without a permit shall be subject to a tree replacement penalty. " The tree replacement penalty is the requirement to plant a minimum of two (2) times the normal replacement ratio, which for a tree of this size will be two 36" box trees. However, if the existing oak tree is still living and can be nursed back to health, then you are required to only plant one additional 36" box tree somewhere on your property. Both oak trees are required to be maintained in good health. If you have questions about the proper way to trim a tree in order to achieve your desired results, please consult a guide to landscape maintenance or contact an arborist for recommendations. Your replacement tree should be replanted within 30 days. If you have any questions about the Tree Protection Ordinance or the replacement requirements, please do not hesitate to contact me at (408) 866-2142. Sincerely, Kristi Bascom cc: GeoffBradley, Senior Planner Ben Mendoza, Code Enforcement Officer encl: Tree Protection Ordinance 70 North First Street - Campbell, California 9500%1436 · rE/ 408.866.2140 FxX 408.866.8381 ri)l) 408.866.2790