Tree Removal Permit - Denied - 2015Community Development Department
August 26, 2015
Beata and Randhir Vieira
743 Virginia Ave
Campbell, CA 95008
Ike: File 1Vo: PLN2015-244
Address: 743 Virginia Ave
Application: Tree Removal Permit
Dear Applicant,
The Campbell Planning Division has completed review of your Tree Removal Permit application
(PLN2015-244) for removal of one (1) cedar tree measuring over 12" in diameter located in the front
yard 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:
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 Dama;re -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. OverplantinQ -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).
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 properly 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.
PLN2015-244 ~ 743 Virginia Ave Page 2 of 2
The stated reasons for removal include the tree is in danger of falling, may cause utility inference, and
creates economic hardship.
Based upon a review of the application documents and a visual inspection of the tree on August 19,
2015, the Community Development Director has determined that the required findings for approval
have not been met and the application is denied. ,
Although the cedar tree is leaning, on, its own a lean does not substantiate Finding #1 (Diseased or
Danger of Falling) and the tree appears to be healthy otherwise. A sudden lean can be an indication of
root damage or decay but the soil around the base does not appear to be lifting or cracking, though the
examination was limited due to the cobblestones on top. Moreover, the lean is visible in Google
streetscape images as far back as 2007 suggesting that the tree developed a lean over time, possibly due
to its proximity to another tree on the property that appears to have been removed in 2012.
Finding #1 may be reconsidered if a certified arborist provides an arborist report determining the lean is
a hazard that cannot be controlled by reasonable measures such as staking or guying for support, or
pruning. Note that if removal is recommended, the arborist/company who prepared the arborist report
cannot be involved in the tree's removal per Campbell Municipal Code Section 21.32.155.
b
While the tree is located in close proximity to utility lines, the tree has been pruned to avoid
interference and does not meet the requirements to snake Finding #3 (Utility Interference). Finding #3
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.
Finding #5 (Economic Enjoyment and Hardship) can only be made when there are no reasonable
alternatives to preserve the tree such as parking your vehicles in the garage or on the other side of the
driveway to avoid the sap. In addition, maintaining existing trees on private property is a normal
responsibility of any property owner and not considered an undue hardship. However, Finding #5 may
be reconsidered if receipts are provided establishing the costs to maintain/repair your property after
damage from the sap constitutes a financial hardship.
Consider consulting a certified arborist to examine the tree and determine if a pest or disease is the
cause of the excessive sap. If the tree's health is compromised and cannot be remedied through
reasonable measures, this may be a cause for removal under Finding # 1. Note that if removal is
recommended, the arborist/company who prepared the arborist report cannot be involved in the tree's
removal per Campbell Municipal Code Section 21.32.155.
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 7, 2015. A written appeal must be accompanied
by the required $200 appeal filing fee.
J
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