Tree Removal Permit - Denied - 2013CITY of CAMPBELL
Community Development Department
March 15, 2013
Neil Woolmer
2337 American Ave
Hayward, CA 9~~454
Re: File No: PLN2013-55
Address:, 220 E Hacienda Blvd
Application: Tree Removal Permit
Dear Mr. Woolmer:
The Campbell Planning Division has reviewed your March 6, 2013, Tree Removal Permit
application (PLN2013-55) for removal of two Ash trees, measuring 26 and 28 inches in diameter
located in a planting strip in the parking lot at the rear 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 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. Potential Damaee -The tree or trees can potentially cause substantial damage to existing or proposed main
buildings I;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 Enjovment 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 teas 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
damage to the clurbs and driveways creating a tripping hazard. 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 the building itself. The
PLN2013-55 ~ Tree Removal Permit Page 2 of 2
inspection did not reveal any damage that would have caused an unusual economic hardship.
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. Therefi~re, 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 S: 00 p. m. on March 25, 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 Kermoyan, Interim Community Development Director
Hines VAF Nor Cal Properties LP