Tree Removal Permit - Withdrawn - 2015Community Development Department
August 19, 2015
David M. Souza
101 Serra Way
Milpitas, CA 95035
12e: File No: PLN2015-239
Address: 361 N. Leigh Ave
Application: Tree Removal Permit
Dear Applicant,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2015-239) for removal of one (1) palm tree measuring 65" in circumference
located in the rear yard at 361 N. Leigh Ave.
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 Danner 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 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. 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).
5. Economic Enioyment 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.
PLN2015-239 ~ 361 N Lei@ Ave Pale 2 of 2
The stated reasons for removal of the tree is proximity to utility lines and the tree is harboring
rats.
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 palm tree is located in close proximity to PG&E lines, Finding #3 (Utility
Interference) requires not only that the trees interfere with utilities, but also that this
interference cannot be controlled or remedied through reasonable measures. Typically this
applies to broadleaf and coniferous trees that require topping or severe pruning of branches to
prevent interference with utility lines. The Community Development Director recommends
removing the dead palm fronds as part of regular maintenance to prevent fronds from falling
and potentially damaging utility lines.
Furthermore, regularly removing the dead palm fronds will eliminate possible nesting places
for rats. Maintaining existing trees on private property is a normal responsibility of any
property owner and not considered an undue hardship that substantiates Finding #5 (Economic
Enjoyment and Hardship). Also, Finding #5 can only be made with there are no reasonable
alternatives to preserve the tree. In addition to removing the dead palm fronds to discourage
rats, consider installing a sheet metal band around the tree trunk 4 feet up from the ground to
prevent rats from climbing up.
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 August 31, 2015. A written appeal
must be accompanied by the required $200 appeal filing fee.
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