Tree Removal Permit - 2013CITY of CAMPBELL
Community Development Dcpartrnen~
May 14, 2013
Dave and Rene Cantanho
260 S. Midway Street
Campbell, CA 95008
Re: File No: PLN2013-78
Address: 260 S. Midway Street
Application: Tree Removal Permit
Decision: Denied
Dear Mr. and Mrs. Cantanho,
The Campbell Planning Division has completed review of your March 28, 2013 Tree Removal
Permit application (PLN2013-78) for removal of one (1) 27-inch (d) Modesto Ash tree located
in the front yard of your 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 Dancer of Falline -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 Damage -The tree or trees can potentially cause substantial damage to existing or proposed main
buildings (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.
3. Economic Ei?jovment 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 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
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 application documents, including the submitted arborist report, 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 branch
breakage, disease, and blight as grounds for removal. However, neither the submitted arborist
report nor visual inspection of the tree demonstrated that these issues cannot be controlled or
PLN2013-78 ~ Tree Removal Permit Page 2 of 2
remedied trough reasonable means. For instance, the arborist report notes that the blight can be
controlled through annual spray applications. Therefore, the application to remove the Modesto
Ash tree is denied.
You have also indicated a desire to re-landscape your property, which may include modifying
the grade of the front yard in a manner that could compromise the tree. As we discussed, the
City's Tree Protection and Landscaping Ordinances may at times require certain measures be
taken to ensure the wellbeing of protected trees during construction and grading work. Please
reference the enclosed City "Standards for Tree Protection During Construction" or consultant a
certified arborist for more information.
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 May 24, 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-
dayperiod is final.
If you have any questions, I may be contacted at (408) 866-2193 or by email at
danielf(cr~,cityofcampbell. com.
Sincerely,
Daniel Fama
Associate Planner
cc: Paul Kermoyan, Community Development Director
encl: Standards for Tree Protection During Construction
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAx (408) 866-5140 • E-MAIL planning@cityofcampbell.com