Tree Removal Permit - Approval and Denial - 2013CITY OF CAMPBELL
Community Development Department
October 24, 2013
Sue Conrad
1165 Smith Avenue, Unit H
Campbell, CA 95008
Re: File No: F'LN2013-214
Address: 1165 Smith Avenue
Application: Tree Removal Permit
Dear Ms. Conrad,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2013-214) for removal of one (1) 50-inch circumference Liquidambar tree and
one (1) 20-inch circumference Pear tree located at the Oro Place development at 1165 Smith
Avenue. 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 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. Structure D,ama~e -The tree or trees can have caused or may imminently cause significant damage to the
existing main structure(s) that cannot be controlled or remedied through reasonable modification of the
tree's root or branch structure.
3. Utility Interference -The tree or trees have interfered with utility services where such interference cannot
be controlled or remedied through reasonable modification/relocation of the utilities or reasonable
modification of the tree's root or branch structure.
4. Overplanting -The tree(s) is crowding other protected tree(s) to the extent that removal is necessary to
ensure the loner term viability of adjacent tree(s).
5. Economic Fnioyment and Hardship -The retention of the tree(s) 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(s). 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.
PLN2013-21.4 ~ T'ree Removal Permit Page 2 of 2
Based upon a review of the application documents and a visual inspection of the trees, the
Community Development Director has determined that the required findings for removal of the
Liquidambar tree have not been met. Specifically, your request cited utility interference as the
reason for removal of this tree. You noted that the tree's roots are close to three utility boxes,
and that surface roots have displaced the cover of one of the boxes. However, no evidence has
been presented that the tree's roots have damaged or disrupted utility service, or that they will do
so in the future.. On August 14, 2013, the Community Development Department requested
additional evidence that the tree has interfered with utilities and that the interference cannot be
controlled through reasonable mitigation measures. You recently contacted staff to indicate that
you have not been able to obtain additional evidence related to utilities, and requested a decision
based on the cun~ently available evidence. Since there is insufficient evidence to support any of
the required findings, the application to remove the Liquidambar tree is denied.
The Community Development Director has determined that the required findings for removal of
the Pear tree have been met. Your application cited irreparable disease as the reason for removal
of this tree. A visual inspection of the tree revealed significant damage around the base of the
trunk as well as visible decay. The Community Development Director has improved removal of
the Pear tree, finding that it is irreparably diseased (satisfying Finding #1 -Diseased or Danger
of Falling).
The removal of the Pear tree is subject to the following Condition of Approval:
1. The applicant shall plant one (1) 24-inch box tree Crape Myrtle tree along the property's frontage to the left
side of the driveway as shown in approved replacement plan. 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 -final in 10 calendar days of the Community Development Director's decision,
unless an appeal is received in writing at the Community Development Department, on or before
5:00 PM on November 4, 2013. An appeal must be made in writing to the Community
Development Department and accompanied by a $200 appeal fee. Any decision not appealed
within the ten-day period is final.
If you have any questions, you can reach me at (408) 866-2144 or by email at
MariyaH@cityofcampbell.com.
Sincerely,
Mariya Hodge
Project Planner
cc: Aki Honda Snelling, Planning Manager