Tree Removal Permit - Denied - 2012CITY of CAMPBELL
Community Development Department
September 19, 2012
Debbie Follmar
15400 Winchester Boulevard, #34
Los Gatos, CA 9503
Re: File No: PLN2012-166
Address: 14495 S. Bascom Avenue
Application: Tree Removal Permit
Dear Ms. Follmar:
The Campbell Planning Division has reviewed your July 24, 2012, Tree Removal Permit
application (PLN2012-166) for removal of one Redwood tree and one Cedar tree located
adjacent to the existing commercial building along the White Oaks Avenue frontage at the above
referenced property. Pursuant to Campbell Municipal Code Sec. 21.32.080, 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 Fa11inQ -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 submittal documents and multiple visual inspections of the trees, the
Community Development Department has determined that the required findings for approval of
either tree have not been met. Specifically, this request cited that the trees are causing potential
damage to the existing commercial building. The Tree Protection Ordinance specifically
indicates only damage to "dwellings or other main buildings" that cannot be controlled or
remedied through the reasonable relocation or modification of the structure. Although both of
the mature trees are adjacent to the structure, only the Redwood tree is encroaching close enough
PLN2012-166 ~ Tree Removal Permit Page 2 of 2
to the structure to cause potential damage where the trunk appears to be touching a portion of the
roof eave. No substantial damage appears to have been caused by either tree nor has damage
occurred that would have caused an unusual economic hardship. In fact, with a minor
modification of the existing roof line to accommodate the Redwood tree, both of the subject
mature trees under review could remain and continue to flourish. Additionally, maintaining
existing trees on private property is a normal responsibility of any property owner and continued
maintenance and care of these trees is not considered an undue hardship. 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 October 1, 2012. An appeal must be made in writing to the City Clerk
and accompanied by a $200 appeal fee. Any decision not appealed within the ten-day period is
final.
If you have any questions please do not hesitate to contact Steve Prosser at (408) 866-2142 or via
email at stevep@cityofcampbell.com.
Sincerely,
Steve Prosser
Associate Planner
cc: Paul Kermoyan, Interim Community Development Director