Tree Removal Permit - 1 approved and 1 denied - 2014CITY OF CAMPBELL
Community Development Department
March 18, 2014
Jeff Cochran
President, Board of Directors
Winchester II Condominium HOA
134 W Rincon Ave
Campbell, CA 95008
Re: File No: PLN2014-61
Address: 134 W Rincon Ave.
Application: Tree Removal Permit
Decision: One (1) Tree Approved & One (1) Tree Denied
Jeff,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2014-61) for removal of two (2) Camphor (Cinnamomum) trees measuring 53
inches and 54 inches in circumference located at 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:
1. Diseased or Danger 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
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.
PLN2014-61 ~ 134 W Rincon Ave. -Tree Removal Permit Page 2 of 2
Based upon a review of the application materials and an inspection of the property, the
Community Development Director has approved removal of one (1) Camphor tree (marked #3 in
the application materials), finding that the tree is interfering with the utility service of both the
phones and electrical system located in the common area (satisfying Finding #3 -Utility
Interference).
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 Camphor. 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.
In order to remove a tree the tree has to meet one of five findings listed above. The Community
Development Director cannot make the findings to remove the second tree as it is not diseased or
in danger of falling, the tree has not caused or will not imminently causing damage to the main
structure, is not interfering with utilities, is not over crowding other protected trees, and is not
creating an economic hardship. Therefore, the Community Development Director cannot issue a
permit to remove one (1) Camphor tree (marked #4 in the application materials).
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 March 17, 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.
If you have any questions please do not hesitate to contact me at (408) 866-2142 or via email at
ricks@cityofcampbell.com.
Sincere
Richard Smeaton, AICP
Planner
cc: Aki Honda Snelling, Planning Manager