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Tree Removal Permit - 2011Community Development Department November 1, 201 I Joshua Larsen cc/o Ainsley Square HOA 1935 Dry Creek Road Campbell, CA 95008 Re: File No: PLN201 I -254 Address: 105 Sommerset Application: Tree Removal Permit Dear Mr. Larsen: The Campbell Planning Division has reviewed your October 5, 2011, Tree Removal Permit application (PLN2011-254) for removal of one (1) Raywood Ash trees located adjacent to 105 Sommerset within the common landscape area at the above referenced property. Pursuant to Campbell Municipal Code Sec. 21.32.080, the Community Development Director may only approve a 'free 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 Damn e -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 camiot be controlled or remedied through reasonable relocation or modification of the stricture or utility services. 3. Economic EnLmlent 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 mam,er 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 altaniatives 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 a visual inspection of the tree from the area, the Community Development Department has determined that the required findings for approval have not been met. Specifically, this request cited the possibility that the tree may become too large for the area and that it is already causing infrastructure damage. The free Protection Ordinance specifically indicates only damage to `'dwellings or other main buildings" as cause for removal. Damage to other property, such as a fence, irrigation, or hardscape must be dealt with in manner that preserves the tree. Upon inspection, there is no damage being caused PLN2011-254 ~ `free Removal Permit Page 2 of 2 by this tree to a main building. Additionally, although the arborist expressed some concei7~ regarding the potential for the tree to show signs of 'Ash Die I3ack', the arborist found that the tree is in good health. In other words,. the tree is not irreparably diseased at this time. Therefore, the application to remove the subject trees is denied. This decision is final unless appealed within ten calendar days following the date of decision, or on or before 5:00 p. m. on Novembef° I1, 2011. An appeal must be made in writing to the City Clerk and accompanied by a X200 appeal fee. Any decision not appealed within the ten-day period is final. If you have any questions please do not hesitate to contact Ian Fronczak at (408) 866-2144 or via email at ianf~,cityofcampbell.com. Sincerely, Daniel Fama Assistant Planner cc: Paul Kermoyan, Planning Manager Ian Fronczak, Planning Intern CITY of CAMPBELL Community Development Department October 19, 2011 Ainsley Square HOA Attn: Joshua Larsen, Manager 1935 Dry Creek Road Campbell, CA 95008 Re: File No: PLN2011-254 Address: 105 Sommerset Dr. Application: Tree Removal Permit Status: COMPLETE Dear Mr. Larsen, Thank you for your October 5, 2011 submittal of a Tree Removal Permit application. Your application has been deemed complete. The noticing period will run from October 19, 2011 to October 31, 2011, after which time a decision will be rendered. You will be notified of the Community Development Director's decision in writing. 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. If you should have any questions, please feel free to contact Ian Fronczak at (408) 866-2144 or by email at ianf@cityofcampbell.com. Sincerely, Daniel Fama Assistant Planner cc: Paul Kermoyan, Planning Manager Ian Fronczak, Planning Intern Property Owner, 105 Sommerset Drive, Campbell, CA 95008