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Tree Removal Permit - 2011Community Development Department November 17, 2011 Sam Oakley 2337 American Avenue Hayward, CA 94545 Re: File No: PLN2011-246 Address: 872 Old Orchard Rd. Application: Tree Removal Permit Dear Mr. Oakley, The Campbell Planning Division has reviewed your Tree Removal Permit application (PLN2011-246) for removal of one (1) Redwood tree in the rear yard of 872 Old Orchard hanging over the pool. Your September 21, 2011 application materials and October 19, 2011 submittal of additional 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 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 Hardshiu -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 Redwood tree due to the observed damage to the pool's plaster and the associated economic hardship based on the significant cost of repairs (satisfying Finding No. 3 -Economic Enjoyment and Hardship). PLN2011-246 ~ Tree Removal Permit Page 2 of 2 The removal of the Redwood tree is subject to the following Condition of Approval: The property owner will pay an in-lieu fee of $475.00 at City Hall by the end of the 10-day appeal period or this approval is void and no longer valid. 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 November 28, 2011. If an appeal is received, you will be immediately notified of its receipt. Otherwise, you may remove the Redwood tree at the close of the 10 day appeal period. 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, Steve Prosser Associate Planner cc: Paul Kermoyan, Planning Manager Ian Fronczak, Planning Intern Tracy Adams, 872 Old Orchard Rd., Campbell , CA 95008