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Tree Removal Permit - Denied - 2011CITY of CAMPBELL Community Development Department February 16, 2011 Villa Capri HOA c/o Pat Wood 677 Division St. Campbell, CA 95008 Re: File No: PLN2010-272 Address: Villa Capri HOA (Division Street) Application: Tree Removal Permit Dear Ms. Wood: The Campbell Planning Division has reviewed your Tree Removal Penmit application (PLN2010-209) for removal of one (1) Redwood tree located at the above referenced property. Pursuant to Campbell Municipal Code Sec. 21.32.080, 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 irreparably 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. Potential Damage -The tree or trees can potentially cause substantial damage to existing or proposed mait; buildings (e.g., dwellings or other main buildings) or interfere with utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. 3. Economic Enjoyment and Hardship -The retention of the tree 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. 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. Based upon a review of the submittal documents and an inspection of the property, the Community Development Department has determined that the required findings for approval have not been met. Specifically, this request cited damaged to a fence and patio of an adjacent property caused by the subject tree as reason for removal. The Tree Protection Ordinance specifically indicates only damage to "main buildings" as cause for removal. Damage to other property, such as a fence or patio, must be dealt with in tmanrter that preserves the tree. Therefore, the application to remove the subject trees is denied. PLN2010-272 ~ Tree Removal Permit Page 2 of 2 This decision is final unless appealed within ten calendar days following the date of decision, on or before S: 00 p. m. on February 28, 2011. An appeal must be made in writing to the City Clerk and accompanied by a $200 appeal fee. Any decision not appealed within the ten-day period is final. If you have any questions please do not hesitate to contact me at (408) 866-2193 or via email at danielf@cityofcampbell. com. Sincerely, Daniel Fama Assistant Planner cc: Paul Kermoyan, Planning Manager