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Tree Removal - 2011CITY of CAMPBELL Community Development Department September 21, 2011 Shelley Park HOA c/o Brad Bauer 205 Shelley Avenue, #A Campbell CA 95008 Re: File No: PLN2011-190 Address: 205-215 Shelley Avenue Application: Tree Removal Permit Dear Mr. Bauer, The Campbell Planning Division has reviewed your Tree Removal Permit application (PLN2011-190) for removal of fourteen (14) Podocarpus tree (Yew Pine) on commonly managed property of the Windsor HOA, located near adjacent to 205A, 207B, 213A, and 215B Shelley Avenue. Your July 26, 2011 application materials, including an arborist report from Anderson's Tree Care Specialists, Inc., 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 its removal. 2. Potential Damaee -The tree or trees can potentially cause substantial damage to existing or proposed main 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 application materials and an inspection of the property, the Community Development Director has approved the removal of the Podocarpus trees due to the observed potential damage to the foundation of the adjacent buildings and utilities on site (satisfying Finding No. 2 -Potential Damage). PLN2011-190 ~ Tree Removal Permit Page 2 of 2 The removal of the fourteen (14) trees is subject to the following Condition of Approval: 1. The applicant shall plant fourteen (14) 24-inch box trees of a more appropriate species within the common area of the project site. The replacement trees 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 trees. 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 Clerk's Office, on or before October 3, 2011. If an appeal is received, you will be immediately notified of its receipt. Otherwise, you may remove the fourteen (14) Podocarpus trees at the close of the 10 day appeal period. If you have any questions please do not hesitate to contact me at (408) 866-2142 or via email at stevep@cityofcampbell. com. Sincerely, Steve Prosser Associate Planner cc: Paul Kermoyan, Planning Manager