Dead Tree Removal Permit - 2015
CITY of CAMPBELL
Community Development Department
August 12', 2011
Mary Ann Palmieri
cc/ti East 17 HOA
113.Shelley Avenue
Campbell, CA 95008.
Re: File No: PLN201 l -178
Address: 111/115/153-165 Shelley Avenue
Application: Tree Removal Permit
Dear Ms, Palmieri:
•1'he Campbell Planning Division-has reviewed your July 13,.201.1, Tree Removal Permit
application (PLN2011-178) .for removal of three. (3) Tree of Heaven trees located within the
. common landscape area at the above referenced property. Pursuant to Campbell Municipal Code
Sec.. 21.32.080, the Community Development Director may only approve a Tree Removal
Permit after making at least one of the'following findings:
1. Diseased or Daneer 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 i~r safety requires its removal.
2, Potential Damaze -The tree or trees can potentially cause: substantial damage to existing or proposed main.
buildings (e.g., dwellings or other main buildings) or interfere with utility, services and cannot be
controlled or remedied through reasonable relocation or modification of the structure or utility services.
,3, Economic E>~oyment and Hardship'- The retention of the tree restricts the economic enjoytnent of the
property or creates an unusual-hardship for the property owner. by severely limiting the use of the prnperty
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. 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 ecunomicenjoyment of the property.
Based upon a review of the submittal documents and a visual inspection of the trees from the
common area, the Community Development Department has determined that the required
findings for approval have not been, met. Specifically, this xequest cited limb growth .and
damage to fencing; hardscape, and adjacent irrigation. The Tree Protection Ordinance
specifically indicates only damage to "dwellings or other train buildings'' as cause for removal.
Damage to other property, such as a fence, irrigation, or hardscape must be dealt with in manner
that preserves the tree. Additionally, although the arborist expressed some concern regarding the
1?LN2011-178 -Tree Rernoval I'errnit I?age 2 ot2
trees' limb. growth. and potential for. limb failure, the arborist found that the. trees are in
reasotalile healtii. In other words, the trees are- not irreparably diseased and potential damage
could be ,controlled, through reasonable..(yearly} pruning. Therefore, the application to remove
the subject trees isdenied. -
i
This decision is fnal unless appealed within ten calendar days following the date of decision, or
on or before 5:00. p.nr. as August 22, 2011. 'An .appeal must be made in writing.. to the City
Clerk. and accompanied -by a $200 appeal fee. Any decision not appealed, within the ten-day
period is final. I
f
if you. have any questions please do not hesitate to contact me at (408} 866-2.142 or via email at ~
_ stevep u,cityofcarnpbell.com.- ~
Sincerely;
Steve Prosser
Associate Planner
cc:,. Paul Kermoyan, Plam~ing Manager