Tree Removal Permit - 2016Community Development Department
October 10, 2016
Joe Kwong
3281 Stander Dr
San Jose, CA 95148
Re: File No: PLN2016-305
Address: 890 W. Hamilton Ave
Application: Tree Removal Permit
Dear Applicant,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2016-305) for removal of one (1) Bradford pear tree measuring 16 inches in
diameter located in the perimeter landscape area along W. Hamilton Avenue, near the
intersection with Marathon Drive. .
The Community Development Director has deemed this tree to constitute an emergency,
allowing the tree to be removed without a permit per Campbell Municipal Code Sec.
'21.32.060 (Exemptions from Campbell Tree Protection Regulations) which requires a tree
removal :permit to be filed within 10 days of the emergency removal.
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 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 Damace -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).
PLN2015-279 ~ 575 W. Hacienda Ave Page 2 of 2
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.
The stated reasons for removal are danger of falling.
Based upon. a review of the application materials, the Community Development Director
approved removal of the tree because a major limb had fallen and without the counterbalance,
the tree presented 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 (satisfying Finding No. 1 - Diseased. or Danger of Falling).
Removal of the tree is subject to the following Conditions of Approval:.
1. The applicant shall plant one (1) 24-inch box Chanticleer Gallery pear tree at 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.
2. The applicant shall provide the Project Planner with photographs of the installed
replacement trees (email address below).
3. This permit is valid for a period of one year.
This decision including -the above condition of approval 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 October 20, 2015. 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 approved tree after the close of the 10-day appeal period.
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
cc: Paul Kermoyan, Community Development Director