Tree Removal Permit - Withdrawn - 2014CITY OF CAMPBELL
Comnmuniry Development Department
September 11, ?014
Vic & Llise Sias
31 Hardy Avenue
Campbell, CA 95008
1Re: File No: PLN2014-217 ~ 31 Hardy Avenue
Application: Tree Removal Permit
Status: Application Deemed Incomplete
Dear Mr. and Ms. Sias,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2014-217) for removal of two Redwood trees, one with a circumferences of
1 1.5 feet and one with circumference of 9.3 feet, located at 31 Hardy Avenue. Based on staff s
review of the submitted materials and a site visit, the application has been deemed incomplete.
Pursuant to Campbell Municipal Code Section 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:
I . Diseased or Danger of Falling -The tree or trees are diseased or presents a danger of falling that cannot be
~:ontrolled or remedied through reasonable preservation and/or preventative procedures and practices such
that the public health or safety requires its removal.
?. 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. ~Jtility [nterference -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 long-term viability of adjacent tree(s).
5. Iconomic 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(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.
PLN2014-217 -Tree Removal Permit Page 2 of 3
As submitted, the application does not contain sufficient information to make the required
findings for a Tree Removal Permit. The stated reasons for removal of the trees are as follows:
^ Tree #1 (front yard) -Utility interference with neighbor's water/sewer lines, interference
with a future relocated driveway;
^ Tree #2 (back yard) -Utility interference with sewer line, interference with a future rear
addition to the house.
Utility ]interference -Utility interference is a potential finding for removal; however, it must be
established that there are no reasonable mitigation measures to resolve these issues. Tree roots
invade pipes which are already cracked and leaking since they are attracted by the water.
Arborists have indicated that, in most cases, replacement of a leaking pipe by a new properly
sealed pipe will be successful in stopping root intrusion. If pipes are in danger of damage from
large buttress roots, relocation of the pipe may be an option as well In some cases, root cutting
and root barriers may be an option if a Certified Arborist indicates these measures can be safely
used on the trees in question. Given the size, health, appearance of these two trees, their
landscape value is very high. Pipe replacement and/or relocation may be reasonable mitigation
measures to address root intrusion issues while preserving these very high-quality trees. If
mitigation measures such as pipe replacement have already been performed and were
unsuccessful, or if you have evidence that there are no feasible mitigation measures, please
provide documentation in the form of invoices, work orders, arborist reports, reports from utility
companies, or any other information you believe is relevant to this finding.
Construction Plans - If trees interfere with proposed construction, it may also be possible to
make tl~e findings for removal based on economic enjoyment and hardship. However, a tree
removal request based on this finding would need to be submitted along with the permit
applications for the proposed construction. Tree removals cannot be pre-approved based on
theoretical future construction which has not been permitted. In addition, please note that
construction plans would not necessarily be approved as proposed if removal of high-quality
trees is required. It may be necessary to redesign proposed construction around existing trees.
Staff would work with property owners closely during the permit process, weighing the various
design options against the value of the trees in question. In this case, the trees are of very high
quality and staff would encourage preservation.
As indicated above, the evidence which has been submitted is insufficient to document the
findings can be made. You have the following options to proceed:
1. Provide staff with additional documentation related to utility interference, including
evidence that the trees" interference with utilities cannot be controlled or remedied through
reasonable modification of the utilities or the trees' root structure; or with additional
documentation related to other potential findings.
2. Withdraw the application and resubmit it at a later date along with your permit application
for proposed construction.
If the application remains incomplete 180 days after the date of this letter, it will be considered
withdrawn pursuant to CMC 21.38.040.
PLN20"14-217 ~ Tree Remo i'ermit
Page 3 of 3
Please notify staff in writing regarding how you wish to proceed. If you have any questions
regarding this letter, please contact me by phone at (408) 866-2144 or by email at
MariyalH cnz cityofcampbell.com. Thank you for your assistance.
Sincerely,
Mariya Hodge
Project Planner
cc: Aki Honda Snelling, Planning Manager