Tree Removal Permit - Denied - 2013CITY of CAMPBELL
Community Development Department
January 31, 2013
3003 Moorpark Partners
577 Salmar Ave 2°d floor
Campbell, CA 95008
Re: File No: ]PLN2013-16
Address: 577 Salmar Avenue
Application: Tree Removal Permit
Dear Moorpark Partners:
The Campbell Planning Division has reviewed your January 10, 2013, Tree Removal Permit
application (PLN2013-16) for removal of two Pear trees, measuring 18 inches in diameter each
located in a planting strip at the front of the building 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 o:r 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 Dama 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 cannot be
controlled or remedied through reasonable relocation or modification of the structure or utility services.
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 kcas 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 visual inspections of the trees, the
Community Development Department has determined that the required findings for approval of
the tree have not been met. Specifically, this request cited that the trees are directly causing
property damage to the sidewalks and walkways and are encroaching on the 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. During; a visual inspection of the property, staff did not find any damage to existing
walkways, sidewalks, paving or to the structure itself. The inspection did not reveal any damage
PLN2013-16 -True Removal Permit Page 2 of 2
that would have caused an unusual economic hardship. Additionally, maintaining existing trees
on private properf:y is a normal responsibility of any property owner and continued maintenance
and care of the tree is not considered an undue hardship. Therefore, the application to remove
the subject tree is denied.
This decision is final unless appealed within ten calendar days following the date of decision, or
on or before 5:00' p.`n. on February 11, 2013. 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 me at (408) 866-2144 or via email at
rafaelm@cityofcampbell. com.
Sincerely,
Rafael Miranda
Project Planner
cc: Paul Kermo;yan, Interim Community Development Director
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • F.ax (408) 866-5140 • E-tvtAt[. planning@cityofcampbell.com