Tree Removal Permit - 2 of 8 - 2013CITY of CAMPBELL
Community Development Department
March 11, 2013
Xiomara Cisneros
San Tomas Gardens Apartments
1400 Parkmoor Avenue #190
San Jose, CA 95126
Re: File No: PLN2013-40
Address:, 825 S San Tomas Aquino Road
Application: Tree Removal Permit
Dear Ms. Cisneros,
The Campbell Planning Division has reviewed your February 11, 2013 Tree Removal Permit
application (PLN2013-40) for removal of eight trees on property located at the above referenced
address. Pursuant to Campbell Municipal Code Sec. 21.32.080 (Campbell Tree Protection
Ordinance), the Community Development Director may only approve a Tree Removal Permit
after making at least one of the following findings:
1. Diseased ar Danger of Fallin>; -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 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.
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 marmer not typically experienced by owners of similarly zoned and situated properties, and the
applicant ]ias 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 Department has determined that the required findings for approval of
six of the eight trees requested for removal have not been met. Specifically, this request cited
that six of the eight trees are causing damage to the sidewalk as well as to the buildings
foundation. 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 the tree has caused damage to the sidewalk, no damage
appears to have been caused to the main structure nor has damage occurred that would have
PLN2013-40 ~ Tre:e Remc,val Permit Page 2 of 2
caused an unusual economic hardship. In fact, with a modification of the existing sidewalks to
accommodate the: trees under review, they 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 the tree is not considered an undue hardship. Therefore,
the application to remove six of the eight subject trees is denied.
However, the Colmunity Development Director has approved removal of two of the requested eight
trees, including the Fern Pine tree (tree #2), measuring 32" in diameter, and the Mock Orange tree
(tree #8), measuring 13" in diameter, finding that their retention has the ability to cause substantial
damage to the building and may interfere with existing utility services (satisfying Finding No. 2 -
Potential Damage).
The removal of the two trees is subject to the following Conditions of Approval:
1. The applicant shall plant one (1) 24-inch box tree and one (1) 36-inch box tree somewhere on the above
referenced property. The replacement tree shall be planted within 30 days of the effective date of this
approval, unless accepted arboricultural practices dictate a preferential planting period for the species
chosen as the replacement tree.
This decision is i:mal 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
March 21, 2013..A written appeal must be accompanied with the required $200 appeal filing fee.
If an appeal is received, you will be immediately notified of its receipt. Otherwise, you may
remove the aforementioned tree at the close of the 10 day appeal period.
If you have any questions please do not hesitate to contact me at (408) 866-2144 or via email at
rafaelm@cityo fcampb ell. com.
Sincerely,
Rafael Miranda
Project Planner
cc: Paul Kermoyan, Interim Community Development Director