Tree Removal Permit - Denied - 2015Community Development Department
July 8, 201 ~
Nick and Nicole Rauschnot
216 Radford Drive
Campbell, CA 95008
Re: File No: PLN2015-193
Address: 216 Radford Drive
Application: Tree Removal Permit
Dear Applicant,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN201 ~-193) for removal of one (1) ash tree measuring 35" in diameter located
in the back yard near the rear property line of the above address.
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:
I . Diseased or Danger of Fallin~~ -The tree or trees are 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.
PLN2015-193 ,, 216 Ra. .d Drive Page
The stated reasons for removal of the tree are structure damage, utility interference, and
economic enjoyment and hardship.
Based upon a review of the application documents and a visual inspection of the tree on June
18, 2015, the Community Development Director has determined that the required findings for
approval have not been met and the application is denied.
Finding #2 (Structure Damage), applies to main structure(s) which, per Section 21.32.020 of
Campbell Municipal Code, includes dwelling units, in-ground swimming pools, detached
garages, and other accessory structures over 200 square feet. Any damage to the backyard
shed, fencing, and pavers, which are not considered main structures, cannot be used to
substantiate a request for removal.
Although the ash tree is located in close proximity to PG&E lines, Finding #3 (Utility
Interference) requires not only that the trees interfere with utilities, but also that this
interference cannot be controlled or remedied through reasonable measures (such as pruning or
thinning the branches). There are no signs of severe pruning by PG&E that would indicate the
ash tree is interfering with the utility lines beyond control.
As the ash tree is located near the rear property line, retention of the tree does not appear to
severely limit the use of the property and demonstrate Finding #~ (Economic Enjoyment and
Hardship). If the existing tree conflicts with plans to expand the home, the tree removal
application may be reconsidered as part of a building permit application. The building permit
drawings need to demonstrate that there are no reasonable alternatives to preserve the tree in
order to substantiate Finding #5. Note that a minor reduction in building size due to the tree
location does not represent a severe limit of the economic enjoyment of the property.
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 July 20, 201 ~. A written appeal
must be accompanied by the required $200 appeal filing fee.
If you have any questions regarding this letter, please contact me by phone at (408) 866-2144
or by email at nazp@cityofcampbell.com.
Sincerely,
Naz Pouya
Project Planner