Tree Removal Permit - Denied - 2010CITY of CAMPBELL
Community Development Department
May 28, 2010
Chris Plympton
2337 American Avenue
Hayward, CA 94545
Re: Tree Removal Permit Application
File No. PL,N2010-103
131-137 Union Avenue
Dear Ms. Plympton:
The Campbell Planning Division has reviewed your application for a permit to remove
one 16 inch Privet (Liqustrum Japonica) tree located at the subject property. The
request for removal is based on the fact that the tree has caused damage to an
adjacent fence.
Campbell Municipal Code Section 21.32.080 (Determination on permit) stipulates that
the Community Development Director can approve a Tree Removal Permit only 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
reasonablf: 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 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 Enioyment 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.
The May 12, 2010 arborist report, prepared by Arborwell via William Owen, did not
include any findings in regards to "irreparable disease", "potential danger of falling that
cannot be controlled or remedied", "potential damage to the main building", or
"economic enjoyment and hardship." Although the report recognized that the tree is
causing damage to the adjacent fence, fence damage is not one of the required
findings necessary to warrant tree removal. Therefore, the application to remove the
existing 16 inch Privet tree is denied. Should you desire to perform future fence
improvements, staff encourages you to work around the tree and its root structure.
This decision is hereby final unless appealed to the Planning Commission within ten
calendar days following the date of decision, on or before 5:00 p. m. on Monday, June 7,
2010. An appeal must be made in writing to the City Clerk and accompanied by a $150
appeal fee. Any decision not appealed within the ten-day period shall be final.
If you have any questions please do not hesitate to contact me at (408) 866-2141 or via
email at paulk cityofcampbell.com.
Sincerely,
Paul Kermoyan
Planning Manager
cc: Steve Jacobson, Santa Clara County Fire