Tree Removal Permit - Denied - 2013CITY of CAMPBELL
Community Development Department
October 11, 2013
Peter W. Ross
Family Eye Care Center
338 E. Hamilton Ave.
Campbell, CA 95008
Re: File No: PLN2013-150
Address: 338 East Hamilton Avenue
Application: Tree Removal Permit
Decision: Denied
Dear Dir. Ross,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2013-1~0) for removal of two (2) 12-inch diameter Mayten trees and two (2)
12-inch diameter Birch trees located along the Hamilton Avenue frontage of your property.
Pursuant to Campbell IV~unicipal 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 Dander 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. Structure Damage -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 long-term viability of adjacent tree(s).
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(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.
PLN2013-150 -- Tree 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 approval have
not been met. Specifically, this request cited the following grounds for removal: the proximity of
all four trees to the building results in leaves clogging and damaging the roof gutters; and the
roots of the Mayten trees are interfering with the sewer line. The Community Development
Director did not find sufficient evidence that these issues cannot be controlled or remedied
trough reasonable means. Regular cleaning of gutters can be used to prevent clogging and
damage, and there is no evidence that the proximity of the trees poses a hazard to the structure
itself. The Community Development Department was presented with one receipt for cleaning out
the sewer line which did not mention the trees; evidence was not presented to establish that the
Mayten trees are interfering with utilities in a manner which cannot be controlled or remedied.
As a result, the application to remove these trees is denied.
You have also indicated a desire to re-landscape your property. Please note that any modification
of an approved landscaping plan is subject to Planning Division review. Prior to beginning work,
please prepare a revised landscaping plan and bring it to the Planning Division public counter
for review and discussion with a Planner. Please also note that any site work must be performed
in a manner which does not cause damage to the site's protected trees. We recommend
consuh~ing a certified arborist and developing a Tree Protection Plan prior to any construction,
excavation, or grading activities. The enclosed City "Standards for Tree Protection During
Construction" provide information on recommended protection measures.
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 F'M on October 21, 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
encl: Standards for Tree Protection During Construction