Tree Removal Permit - 2013CITY of CAMPBELL
Conununity Development Department
September 11, 2013
Kioumars Poshtyar
180 W. Rincon Avenue
Campbell, CA 95008
Re: File No: PLN2013-173
Address: 180 W. Rincon Avenue
Application: Tree Removal Permit
Dear Mr. Poshtyar,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2013-173) for removal of one (1) Cedar tree measuring 151" 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. Ovemlanting -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.
Based upon a review of the application materials, an inspection of the property, and two
independent arborist reports, the Community Development Director has approved removal of the
Cedar tree, finding that the tree is damaged and presents a danger of falling (satisfying Finding
PLN2013-173 ~ Tree Remo Permit Page 2 of 2
No. 1 -Diseased or Danger of Falling) that cannot be remedied through reasonable preservation
measures as the preventative measures necessary would be fatal.
Removal of the tree is subject to the following Conditions of Approval:
1. The applicant shall plant one (I) 36-inch box tree somewhere on the above referenced property. 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 September 23, 2013 (the deadline
falls on a weekend and is automatically extended to Monday). 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. Please notify staff when the replacement tree has been planted.
If you have any questions please do not hesitate to contact me at (408) 866-2142 or via email at
stevep@cityofcampbell. com.
Sincerely,
Steve Prosser
Associate Planner
cc: Bill Bruckart, Acting Community Development Director
Paul Kermoyan, Community Development Director
Aki Honda Snelling, Planning Manager