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Tree Removal Permit - 2011CITY of CAMPBI/I.I. Community Development Department August 2, 2011 Windsor HOA c/o Ann Yap M&C Property Management 4305 Hacienda Dr., #180 Pleasanton, CA 94588 Re: File No: PLN2011-184 Address: Windsor HOA - 704 Duncan Court Application: Tree Removal Permit Dear Ms. Yap, The Campbell Planning Division has reviewed your Tree Removal Permit application (PLN2U11-184) for removal of one (1) Podocarpus tree and one (1) Liquidambar tree on commonly managed property of the Windsor HOA, located near unit 704. Your July 15, 2011 application materials were reviewed for consistency with Campbell Municipal Code Sec. 21.32.080 (The City of Campbell Tree Protection Ordinance). Pursuant to this section, 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 tts removal. 2. Potential Damaee -The tree or trees can potentially cause substantial damage to existing or proposed main buildings (e.g., dwellings or other mair. 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 EnLyment 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 application materials and an inspection of the property, the Community Development Director has approved the removal of the Podocarpus tree due to potentiallyp significant damage to the foundation of the adjacent building (satisfying Finding No. 2 -Potential Damage). PLN2011-184 ~ Tree Removal Permit Page 2 of 2 The removal of this tree is subject to the following Condition of Approval: The applicant shall plant one (1) 24-inch box tree as shown on the submitted replanting plan. 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 replacement tree. However, the Community Development Director has denied the removal of the Liquidambar tree. Although the application materials cite damage to the adjacent sidewalk and fence, and the resulting risk of personal injury (tripping over roots), these issues are not a cause for removal pursuant to CMC Sec. 21.32.080. Damage to these improvements must be dealt with in a manner that preserves the tree. This decision 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 City Clerks Office, on or before August 12, 2011. If an appeal is received, you will be immediately notified of its receipt. Otherwise, you may remove the Podocarpus at the close of the 10 day appeal period. If you have any questions please do not hesitate to contact me at (408) 866-2193 or via email at daniel f@cityofcampbell.com. Sincerely, Daniel Fama Assistant Planner cc: Paul Kermoyan, Planning Manager Matthew Berry, Treeco Tree Service, 1764 National Ave., CA 94545 July 22, 2011 NOTICE OF TREE REMOVAL PERMIT APPLICATION Notice is hereby given that the Community Development Department of the City of Campbell has received an application for a Tree Removal Permit (PLN2011-184) for the removal of one (1) Podocarpus tree measuring 14-inches in diameter and one (1) Liquidambar tree measuring 15 inches in diameter, located adjacent to 704 Duncanville Court, proposed to be removed due to property and structure damage. If approved, removal of the trees is subject to the replanting requirement of the Campbell Municipal Code. The 10 day comment period for this application will begin on July 22, 2011 and end on August 1, 2011. Any comments regarding this application must be submitted in writing (including email) to the Planning Division before 5:00 p.m. on August 1, 2011, as a decision will be rendered after this time. A copy of the Tree Removal Permit application, and all associated documents, are available for review from 8:00 a.m. to 5:00 p.m. at the Community Development Department, City Hall, 70 North First Street, Campbell, California. Decisions by the Community Development Director are final in 10 calendar days following the date of approval, unless an appeal is received in writing at the City of Campbell City Clerk's Office, 70 N. First Street, Campbell, prior to the end of the appeal period. A written appeal must be accompanied with the required $200 appeal filing fee. Questions or comments regarding this application may be addressed to Daniel Fama, Assistant Planner, in the Community Development Department at (408) 866-2193 or via email at danielf cityofcampbell.com. July 6, 2011 Windsor HOA c/o Ann Yap / M&C Property Management 4305 Hacienda Drive, Suite 180 Pleasanton, CA. 94588 Site: Windsor Homeowners Association, 700 Duncanville Court, Campbell, CA. At the request of the City of Campbell I am providing my observations in regard to two trees near unit 704 that the community has requested to be removed. Method: All trees were observed from the ground, no trees were climbed for this inspection. Observations: Liquidambar -North side of unit 704 This is a 15" dbh tree in good health and structure. The root system has lifted the adjacent sidewalk which has required the community to eliminate a trip hazard (shown in attached photo). The trip hazard is beginning to reappear due to subsequent root growth. Damage to the wood fence is imminent due to the expansion of the trunk flare. Therefore, it would be in the best interest of the community to remove this tree. Podocarpus -East side of unit 704 This is a 14"dbh tree in good health and structure. It is growing in a very narrow planter bed, inches away from the building foundation and retaining wall. The retaining wall is beginning to lift due to the increase in the size of the buttress roots on the north side of the tree. The damage will be more severe as the tree continues to grow. There is a distinct possibility that the building foundation will be damaged as the buttress roots and the trunk flare expand in size. Therefore it would be in the best interest of the community to remove this tree. Summary: It should be known that living near or beneath large trees has its inherent dangers. This report does not guarantee the health or safety of the trees. The information included in this report is believed to be true and based on sound arboricultural principles and practices. Sincerely, Matthew P. Berry Certified Arborist WE 3530A