Tree Removal Permit - 1999
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CITY OF CAMPBELL
Community Development Department
June 19,2001
VIA CERTIFIED MAIL
Jim Castellanos
Property Owner, Coffeetree 1 LLC
600 Marathon Ave.
Campbell, CA 95008
RE: Unauthorized Removal of Protected Trees at 600 Marathon Drive
Dear Mr. Castellanos:
Thank you for your recent efforts in helping to determine and document which trees were removed
in June 2000 from the complex both with and without the required tree removal permits.
Staff has determined that at least five (5) trees were removed without a tree removal permit.
The Tree Protection Ordinance allows for fines and the requirement to plant replacement trees for
trees unlawfully removed. '
The Planning Division is recommending that a fine of $350 per tree be assessed on the property
owner. The total fine amount is $1,750, payable to the City of Campbell. This money will be
deposited in the in-lieu tree planting fund, which is used for planting trees in public areas
throughout the City.
Failure to pay the fine by July 3, 2001 will result in the immediate filing of a Notice of Violation
and related code enforcement actions.
Please do not hesitate to call me at 408/866-2124.
Since~elX {
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-t!f:: I. Br~ley
Senior Planner
cc:
Sharon Fierro, Community Development Dir.
Bill Seligman, City Attorney
Ben Mendoza, Code Enforcement Officer
J:\Correspondence\600 Marathon Avenue.2.doc
ïoNorthFirstStreet. Campbell. California 9500S,143ó , 11:1.408,866,2140, FAX408866.8381 , TDD408,866,2ï90
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RECEIVED
MAR 2 1 2001
City of Campbell, 70 N. First Street, Campbell, CA 9500tff98ò'fé~ELL
APPLICATION FOR PERMIT TO REMO~ DEPT.
(For All Properties Except Developed Single Family Residential)
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Number. Size and Species of Tree(s) to be removed:
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Reason for Removal (Attach additional sheets if necessary) ~ /J;..-r; /} "- r ¡> /1\ e
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A SITE PÚAN M!&I ACCð1VIPANY THIS APPLICATION AND SHOW:
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I. Location, size and species of protected trees over 12 inches in diameter when measured 4 feet above
grade to be removed.
2. Existing and/or proposed footprint of the structure(s), paving. and landscape areas (scaled site plan
required).
3. Location of areas for tree re-planting. The City has adopted tree replacement ratios for trees approved
for removal. Please review the Tree Replacement Requirements and Replanting Plan in the Tree
Technical Manual for submittal requirements.
4, IT construction is associated with tree removal request: Show existing and proposed final elevations
for new construction and proximity of trees (to scale); an excavation and fill plan MUST be submitted
with this application if fill is anticipated with development.
OTHER SUBMITTAL REQUIREMENTS:
I. Photographs of trees proposed for removal.
2. Arborist Repon
3. Replacement Plan (if not indicated on application)
NOTE: The decision of the Approval Authority is based on information submitted with this application. If
the design is altered or the location of the structure changed, another application for a tree permit is
required.
NO WORK IS PERMITTED UNTll.. YOU RECEIVE AN APPROVED TREE PERMIT
ALLOWING TREE REMOVAL. THE PERMIT MUST BE ON THE JOB SITE.
If you disagree with the decision of the Approval Authori . yo ave ten (l0) days in which to file an
appeal in accordance with Section 21.80 (Appeals) of the nin rdinance.
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Owntír'g S¡ønatloir,,¡
A¡ont for Owner Si¡nllcure:
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6eoft I. Bradley
Senior Planner
City of Campbell
70 N. First Street
Campbell, CA 95008
RECEIVED
MAR 2 1 2001
C'TY OF CAMPBELL
PLANNING DEPT.
3/14/01
Dear 6eoft:
The Monterey pine that was located on Darrell drive
was in major decline from infestation, and no remedy
for these pathogens exist. It had also lifted the
entryway sidewalk 11.17 inches above the normal
grade.
The magnolias were crowding the coast redwood trees
near the pool area and exhibited poor structure. They
contributed to a lot of dry rot and had also posed a
threat from leaning towards occupied structures.
We have upgraded this project from the start. The
landscaping was 500/0 dead. The irrigation was broken
and basically unusable, the ground cover was milkweed
that posed a major fire hazard and there was no lawn
visible through the dirt. We have installed all new
irrigation; laid sod over the entire lawn areas, installed
40.90 trees and shrubs plus 40 different kinds of vines
and 20 fire retardant type of color ground covers.
I invite you and your staff to visit Coffeetree, or any of
our properties, CENTRAL PARK, at 1750 Stokes Street
in San Jose or Shelter Creek at 2050 SW Expressway,
also in San Jose. You will observe the amount of care
and professionalism put into these properties as well as
the beautiful landscaping.
Should you have any other questions or need my
assistance in any way, please do not hesitate to call me
at 408/998-0300.
#
Sincerely:
Frederich T. E ers, Jr., ARM
Property Sup rvisor
Cc: .Jim Castellanos
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CITY OF CAMPBELL
Community Development Department
March 1,2001
VIA CERTIFIED MAIL
Frederich T. Ehlers, Jr.
Property Supervisor
Casco Property Management
2050 Southwest Expressway #126
San Jose, CA 95126
Jim Castellanos
Property Owner, Coffeetree 1 LLC
600 Marathon Ave.
Campbell, CA 95008
RE: Unauthorized Removal of Protected Trees at 600 Marathon Drive
Dear Sirs:
It appears that previous attempts to resolve the issue ofthe tree removals at the subject property
have been unsuccessful.
The violations of the Tree Protection Ordinance are considered to be a serious matter and the City
of Campbell desires your cooperation in achieving compliance, Failure to achieve compliance may
result in charging of a misdemeanor offense. In addition the City may require the payment of a fine
equal in value to that of the trees removed.
As indicated in the June 19,2000 and July 19,2000 correspondence from the Community
Development Department, you must submit a tree removal permit application, a detailed landscape
plan prepared by a licensed landscape architect and replanting plan, arborist report and written
explanation of why the trees were removed.
Failure to submit this information by March 15, 2001 will result in the immediate filing of a Notice
of Violation and related code enforcement actions.
I look forward to working with you to resolve this outstanding issue in a timely manner. Please do
not hesitate to call me at 408/866-2124.
Sincer~/J
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Geoff 1. Bradley /
Senior Planner
cc:
Sharon Fierro, Community Development Dir,
Bill Seligman, City Attorney
Ben Mendoza, Code Enforcement Officer
J:\Correspondence\600 Marathon Avenue,doc
70 North First Street, Campbell, California 95008-1436 ' TEL 408,866,2140 ' FAX 408,866,8381 . TDD 408.866,2790
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City of Campbell
70 N. First Street, Campbell, CA 95008
MEMORANDUM
Date: August 14,2000
To:
Honorable Mayor and City Council
Bernard M. Strojny, City Manager þ:;
From:
Subject:
Coffee Tree Apartment Rent Increases and Tree Removal
Background
The Bay area has recently experienced a tremendous increase in jobs and economic growth that
has brought new workers to the area. The influx of new people has created a housing shortage
that has driven up the cost of for-sale and rental housing, At the last City Council meeting
several tenants ftom the Coffee Tree Apartments spoke requesting that the City investigate
exorbitant increases in their rents. Since that meeting, through the intervention of Tri County
Apartment Association, recent increases were rescinded but other increases remain, The
information provided below provides some background to the rental disputes at this Campbell
apartment complex and efforts to encourage landlords to take a reasonable approach to rent
Increases.
Rent Increases
Coffee Tree tenants have been actively petitioning for mediation since February 20001. The first
12 tenants received rent increases ftom 10% to 25%, All 12 tenants reached some form of
agreement, with most of the increases at 10%. The owner also gave verbal assurances that the
rent would not go up for at least six months. One tenant even had a written agreement for a rent
amount to remain in effect for 6 months. The mediated rent agreements became effective on
April 1,2000,
Of these 12 tenants, all received a notice dated August 1, 2000 that they would now be
responsible for paying for gas, electric, water and garbage service. Prior to this date, the utilities
were provided. The City Attorney has concluded that requiring the tenants to pay for utilities
constitutes an increase in rent under the Campbell Rental Increase Dispute Resolution
Ordinance. Since the rent increase would be only four months after the April 1 st rent agreement,
the new increase would violate the "no increase for 6 months" agreement. The tenants were
advised to contact Information and Referral (I & R) for ftee rental mediation services.
1 The Santa Clara COtmty Tax Assessor's Office shows that ownerslùp of the building was transferred in March 1999, The
owner of record is Coffee Tree Ltd ll, Statfhas been in contact with Mr, James Castellanos of CASCO Property Management.
Coffee Tree Apartments
Rent Mediation and Other Issues
August 15,2000
Page 2
In addition to the utility hike, four of the 12 tenants, who petitioned in February, received
another rent increase of at least 55%,
Tri-County Apartment Association
Tri-County Apartment Association is a voluntary organization of apartment owners who work
together to promote the interests of the members and to improve their business. Tri-County
asked to meet with the Mayor and City staff concerning the rental market in Campbell to discuss
recent actions of their board,
They are aware of the negative press coverage of the rental increases taking place in the South
Bay Area and Tri-County's staff is visiting the cities where they have membership to dialogue
with staff to inform them of the steps being taken by their board to address the significant rent
increases. At a recent meeting, the Tri-County Board voted to request that members:
1. Provide a 60-day notice to tenants of rent increases instead of the 30 days that has been
customary,
2, Limit rent increases to reasonable amounts, and
3. Agree to participate in the rental mediation process.
Tri-County representatives asked Campbell staff and I&R staff to notifY them if we received
complaints of significant rent increases ttom one of their members, Staff provided a list of
apartment projects that were responsible for the recent tenant complaints about significant rent
increases and they verified that Coffee Tree is a member and agreed to discuss the matter with
the owner,
DiScussions took place last week and as a result, the most recent rent increases were rescinded.
The change in rental terms requiring that utilities be paid by the renters remains and may be
subject to mediation,
Tri County will also initiate a study of rental increases over the last several years that they will
share with the City,
Information & Referral Services
Information & Referral provides rental mediation services for the City of Campbell to implement
the Rental Increase Dispute Resolution Ordinance, At the Coffee Tree Apartments alone, in
addition to the 12 tenants ttom the February petition time period, 7 other tenants filed for
mediation between the months of May and July, The rent increases have ranged ttom 35% to
70%, One case was settled in May with a 48% rent increase negotiated to 25%. All other cases
are currently open.
Information & Referral is currently handling 11 open Coffee Tree cases as well as numerous
other cases; i.e. Woodleaf, Canyon Creek, La Valencia, Pebble Creek, and several 6-plexes, The
number of cases ttom Coffee Tree alone is placing Information & Referral staff in an awkward
staffing and time position, The staff hours provided by two I & R counselors are starting to
Coffee Tree Apartments
Rent Mediation and Other Issues
August 15, 2000
Page 3
exceed the amount allocated in the City's contract. Information and Referral may need to adjust
their contract with the City to ensure they have adequate státf to handle this unusual workload,
Tree Removal
In December 1999 the Community Development staff approved a tree removal permit to allow
the removal of several trees that were damaging pavement at the Coffee Tree Apartments, The
owner removed not only the permitted trees but almost all of the on-site trees.
The unpermitted tree removal was discovered by the Tree Committee of the Parks and
Recreation Commission during a field trip to evaluate the owner's request to remove six City
street trees, The Community Development Department was advised of the violation and Mr.
Castanellos was asked to contact a planner. He was told that he had violated the Tree Protection
Ordinance and that a replanting plan would need to be provided to show where replacement trees
would be planted.
In the meantime, the owner has re-Iandscaped the site without prior approval of the planting
plan, Staff is reviewing the plan to determine if it meets the requirements of the Tree Protection
Ordinance, The request to remove public streets tree is on-hold pending the resolution of the
unpermitted on-site tree removal.
The owner has also submitted plans to upgrade the site by installing gates at the entrances to the
parking area to prevent pass through traffic ftom using their parking area to get ftom Marathon
to Darryl. New signage is being proposed to increase their visibility from Hamilton Avenue.
These plans are under review,
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CITY OF CAMPBELL
Community Development Department' Current Planning
July 19, 2000
Jim Castellanos, owner
600 Marathon Drive
Camp bell, CA 95008
Dear Mr, Castellanos,
This letter is an official reminder that you have removed trees from the property
at 600 Marathon Drive without first receiving approval of a tree removal permit
This matter came to our attention as a code enforcement complaint that on-site
and public street trees were being removed from the Coffee Tree Apartments, I
spoke with you on June 23, 2000 and you explained that you were not aware that
you needed approval to remove the trees and that you had an arborist evaluate
the trees before having the work performed. I explained that you would need to
submit the arborists report and a tree replacement plan for this project
I have enclosed another copy of the Tree Protection Ordinance for your
convenience. It requires a replacement ratio of tree trees for every one tree
removed because the work was done without permits. It also makes provisions
for payment of an in-lieu fee to be paid if placement of all of the required
replacement trees is not practical,
Please submit your plans before the end of the month, July 31, 2000 to avoid code
enforcement action. I f you have questions I may be reached at (408) 866-2140,
We appreciate your cooperation,
þ~~
Sharon FieITO
Director of Community Development
Cc: Robert Kass, Public Works Director
Ben Mendoza, Code Enforcement Officer
70 North First Street' Campbell, California 95008,1423 'TEL 408,866,2140 ' FAX 408,866,8381 'TOO 408,866,2790
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CITY OF CAMPBELL -
Community Development Department' Current Planning
December 7, 1999
NOTICE OF TREE REMOVAL
Notice is hereby given that the Community Development Director of the City of Campbell has
approved an application for a Tree Removal Permit (TRP 99-08) to remove four (4) trees as
follows: one (1) Monterey Pine; two (2) Southern Magnolia; and one (1) liquid amber at the Coffee
Tree Apartment complex located at 600 Marathon Drive in an P-D (Planned Development
Residential) Zoning District (see map on reverse).
Reason for Granting Tree Removal
The applicant has submitted a certified arborist's report indicates that the liquid amber tree located
to the left of the Marathon Drive entrance, exhibits poor structure and is crowding two (2) Coast
Redwood trees on site. The required pruning would be detrimental to the health of the tree and
would not promote a stable structure. The Coast Redwood trees would benefit from the removal of
the liquid amber. The Monterey Pine, located on Darryl Drive, in the southeast comer of the
property is in decline from infestations of both pitch canker and borers. There are currently no
remedies for these pathogens. Therefore, staff has determined that the situation cannot be remedied
by means other than removal.
Conditions of Approval for Tree Removal
A tree-replanting plan is a condition of approval for the Tree Removal Permit. The tree replanting
plan for this site will require: one (1) 24" box white oak; two (2) 18" box dwarf ornamental orange
trees; three (3) 24" box white cedars. This approval is final in 10 days unless an appeal is received
in writing at the City Clerk's Office, 70 N. First Street, Campbell on or before, Monday, January
17, 2000. Questions may be addressed to Martha Diaz, Planner, in the Planning Department at
(408) 866-2140.
PLANNING COMMISSION
CITY OF CAMPBELL
STEVE PIASECKI
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. TRP 99-08
Address: 600 Marathon Drive
70 North First Street' Campbell, California 95008,1423 ' TEL 408,866,2140 ' FAX 408,866,8381 'TDD 408,866,2790
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CITY OF CAMPBELL
Community Development Department. Current Planning
December 6, 1999
Mr. Frederich T. Ehlers, Jr., ARM
Casco Property Management
2050 Southwest Expressway, #126
San Jose, CA 95126
Subject:
Tree Removal Permit (TRP 99-08) - 600 Marathon Drive
Dear Mr. Ehlers:
The Community Development Director has conditionally approved your application for a Tree
Removal Permit (TRP 99-08) to remove one (1) Monterey Pine, two (2) Southern Magnolia, one
(1) liquid amber located on the property located at 600 Marathon Drive. This approval is final in
ten (10) days, unless an appeal is received in writing at the City of Campbell City Clerk's Office,
70 N. First Street, Campbell, on or before January 17, 2000. The four (4) trees cannot be
removed until after the appeal period has passed and no appeals have been received within this
time period.
The Tree Removal Permit has been approved based upon the City's determination that the liquid
amber tree exhibits poor structure and is crowding the two (2) coast redwood trees on site, and
the Monterey Pine is in decline due from infestations. Staff has determined that the situation
cannot be remedied by means other than removal, as no remedy for these pathogens exist.
The approved Tree Removal Permit is subject to the condition that six (6) trees be replaced as
follows: one (1) 24" box white oak; two (2) 18" box dwarf ornamental orange trees; and three
(3) 24" box white cedars. These trees must be installed within 30 days of the final approval
dated (ifno appeals are filed) of the Tree Removal Permit following the appeal period.
Should you have any questions, please feel free to contact me at the Community Development
Department at (408) 866-2140.
1!L' n ce{Mu' Y ,
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Martha G. Diaz
Planner
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70 North First Street' Campbell, California 95008,1423 ' TEL 408,866.2140 ' FAX 408,866,8381 'TDD 408,866,2790
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CITY OF CAMPBELL
Community Development Department' Current Planning
June 10, 1999
Frederich T. Ehlers, Jr.
Property Supervisor
Casco Property Management
2050 Southwest Expressway
Suite #126
San Jose, CA 95126
Subject: Incomplete Application for Removal of 4 trees, 600 Marathon Drive
Dear Mr. Ehlers,
The City is in receipt of your tree removal application, The information listed on the application
form and in the ordinance sent you indicates that the following information is required to be
included in the application before the City can take action:
1. The diameter of each of the trees to be removed, measured 4 feet above the ground.
2. Based upon the size of the trees, and the fonnu1a on page 7 of the ordinance, a tree replacement
site plan, with the location, variety and size of each tree to be used as replacement for the one(s)
to be removed.
The ordinance requires that the City notify all property owners within 300 feet of your property of
the City decision on the tree removal, and there is a 10 day waiting/appeal period before the trees
may be removed. We must also post the property with the notice about the tree removal, and mark
each tree for identification purposes. We cannot begin this process until the above information is
supplied to us.
In case you wish to send the above information by fax, please direct it to my attention at 866-8381. .
If you have any questions, please call me at 866-2193.
Sincerely,
~huû. S 17- ~
~arbara Schoetz Ryan
Planner I
70 North First Street' Campbell, California 95008.1423 ' TEL 408,866,2140 ' FAX 408,866,8381 'TDD 408,866.2790
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CITY OF CAMPBELL
Community Development Department' Current Planning
April 17, 1999
Frederich T. Ehlers, Jr.
Casco Properties
2050 Southwest Expressway
Suite #126
San Jose, CA 95126
Subject: Past and proposed tree removal at 600 Marathon Drive, Coffee Tree Apartments
Dear Mr. Ehlers,
I am in receipt of your letter dated April 12, 1999, and received by us on Apri126, 1999.
The information contained therein provided to you by Rob Lennet, Certified Arborist W.C.
3065, does not meet the requirements of the City Tree Ordinance, adopted last August.
I have enclosed both a Tree Removal Permit Application and a copy of the City's Tree
ordinance. Please refer to Sections 21.56.050 (2), which applies to the Coffee Tree
development, Section 21.56.070 regarding information required to be provided for tree removal,
21.56.080 regarding the criteria used in the determination for the granting of the permit, Section
21.56.090 regarding the procedure that is to be followed, Section 21.56.100 regarding
replacement trees and the plan required, and Section 21.56.110 regarding alternatives to
replacement.
Please do not remove any additional trees beyond the bottle brush already removed, and include
those in your list and replanting calculation.
Should you have any questions, please call me at 866-2193.
-
Sincerely,
;t/~~ ~ h~ --
Barbara Schoetz Ryan, AICP
Planner I
70 North First Street' Campbell, California 95008,1423 ' TEL 408,866,2140 ' FAX 408,866,8381 'TDD 408,866,2790