Tree Removal Permit - Denied - 2014CITY OF CAMPBELL
Community Development Department
August 14, 2014
Gail Jacobs
508 W. Sunnyoaks Avenue
Campbell, CA 95008
Re: :File No: PLN2014-199
.Address: 508 W. Sunnyoaks Avenue
.Application: Tree Removal Permit
:Decision: Denied
Dear Ms. Jacobs,
The Campbell Planning Division has completed review of your July 14, 2014 Tree Removal
Permit application (PLN2014-199) for removal of one (1) 40-inch (d) Deodar Cedar tree located
in the back yard of your property. Pursuant to Campbell Municipal Code (CMC) Sec. 21.32.080,
the Community Development Director may approve a Tree Removal Permit only 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 Damage -The tree or trees 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 utility services and/or
:reasonable modification of the tree's root or branch structure.
4. ~werplanting: The tree(s) is crowding other protected trees to the extent that removal is necessary to ensure
the long-term viability of adjacent trees.
5. Economic Enjoyment 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. A minor reduction of the potential number of residential units or building
~;ize due to the tree location does not represent a severe limit of the economic enjoyment of the property.
PLN2014-199 ~ Tree Remove.l'ermit Page 2 of 2
Based «pon a review of the application documents, and a visual inspection of the tree, the
Community Development Director has determined that the required findings for approval have
not been met. Specifically, this request cited (1) danger of falling branches; (2) limiting the use
of the back yard; and (3) the tree is over grown (size), as grounds to remove the tree.
As noted above, staff conducted a site visit to evaluate the existing condition of the tree. The
inspection by staff did not provide conclusive evidence that the tree branches were in danger of
falling (the tree appeared remarkably well pruned; moreover potential for limb breakage
stemming from growth can be reasonable controlled through regular pruning). Secondly, staff
observed that the tree, does not significantly restrict the economic enjoyment of the property
provided that it does not result in a severe reduction in building size, or dramatically limit the
use of the rear yard provided that it is located near the rear property line. Lastly, in regards to
the asserted size of the tree, this point serves as a stronger rational for preservation as opposed to
removal',. Therefore, the application to remove the Deodar Cedar tree is denied.
This decision is final in 10 calendar days of the Community Development Director's decision,
unless a.n appeal is received in writing at the Community Development Department, on or before
5:00 Piv1 on August 25, 2015. 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, I may be contacted at (408) 866-2142 or by email at
ste hen ~~c;cityofcampbell.com.
Sincerely,
Stephen Rose
Associate Planner
ec: Aki Snelling, Planning Manager