Tree Removal - 1 approval and 1 denial - 2014CITY of CAMPBELL
Community Development Department
April 22, 2014
Robert Kwok
300 N. Milton Ave.
Campbell, CA. 95008
Re: File No: PLN2014-107/108
Address: 300 N. Milton Avenue
Application: Tree Removal Permit
Decision: One (1) Tree Approved PLN2014-107
One (1) Tree Denied PLN2014-108
Robert,
The Campbell Planning Division has completed review of your Tree Removal Permit
applications PLN2014-107 and PLN2014-108.
PLN2014-107: Approved
The Campbell Planning Division has completed review of Tree Removal Permit application
PLN2014-107 for removal of one (1) dead Cedar tree, closest to the front property line, with
two trunks each measuring 14 inches in circumference and located at the address above.
Pursuant to Campbell Municipal Code Sec. 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:
l . Diseased or Dander 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 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. Overplantina -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
PLN2014-107 ~ 300 N. Milton Ave. -Tree Removal Permit Page 2 of 3
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.
Based upon a review of the application materials and an inspection of the property, the
Community Development Director has approved removal of the dead Cedar tree, finding that the
tree is dead (satisfying Finding #1 -diseased or danger of falling).
Removal of the tree is subject to the following Conditions of Approval:
The applicant shall plant one (1) 24-inch box tree of an appropriate species (e.g., not a
fruit tree) in place of the Cedar tree. The replacement tree shall be planted within 30 days
of the effective date of this approval, unless accepted arboricultural practices dictate a
preferential planting period for the species chosen as the replacement tree.
This decision is final in 10 calendar days of the Community Development Director's decision,
unless an appeal is received in writing at the City of Campbell Community Development
Department, 70 North First Street, Campbell, on or before May 2°d, 2014. A written appeal must
be accompanied by the required $200 appeal filing fee. If an appeal is received, you will be
notified of its receipt. If no appeal is received, you may remove the tree after the close of the 10-
day appeal period.
PLN2014-107: Denied
The Campbell Planning Division has completed review of the Tree Removal Permit for
application PLN2014-108. While the tree has numerous dead branches this appears to be able to
be rectified by pruning the tree. Additionally, the tree has been reinforced by cables running
between the main trunks. Staff cannot make the findings (listed on page 1) to approve the tree
removal permit PLN2014-108 for the second tree on the site at this time.
Staff will reconsider this ruling if additional information is provided by a certified arborist so
that there can be a more accurately determine the tree's condition.
If you choose to submit an arborist report, please provide staff information related to the
findings. Staff recommends providing a written report prepared by a Certified Arborist which
addresses the following issues:
1. Describes the trees and their condition, including whether the tree is diseased or in
decline;
2. Identify whether there are reasonable preservation measures which can be used to
address any health or stability issues;
3. Identify whether the tree's roots are damaging or will imminently damage the main
structure;
4. Identify whether there are any mitigation measures which could be used to prevent
structure damage (such as root cutting and root barriers), and whether those measures are
feasible in this case.
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FA3{ (408) 866-5140 • E-n~tniL planning~cityofcampbell.com
PLN2014-107 ~ 00 N. IVllllon Ave. -Tree Removal Permit Page 3 of 3
If an arborist report is not submitted within thirty (30) days then this application will be deemed
denied.
If you have any questions please do not hesitate to contact me at (408) 866-2142 or via email at
ricks@cityofcampbell.com.
Sincer ,
Richard Smeaton, AICP
Planner
cc: Aki Honda Snelling, Planning Manager
70 North F first Street • Campbell, CA 9008-1423 • TEL (408) 866-2140 • FAx (408) 866-~ 140 • E-MAtL planning~~cityofcampbell.com