Tree Removal Permit - 2016Community Development Department
September 23, 2016
Christine Strumpf
75 E. Latimer Ave
Campbell, CA 95008
Re: File No: PLN2016-241
Address: 85 E. Latimer Ave
Application: Tree Removal Permit
Dear Applicant,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2016-241) for removal of one (1) flowering pear tree measuring 13" in
diameter from the abovementioned property.
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 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. Overplantina -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 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.
PLN2016-241 ~ 85 E. Latimer Ave Page 2 of 2
The stated reasons for removal are structural damage, utility interference, and overcrowding.
Based upon a review of the application materials and an inspection of the tree, the Community
Development Director has denied the application for the subject tree. Finding #2 (Structure
Damage), applies to main structures which, per Section 21.32.020 of Campbell Municipal
Code, includes dwelling units, in-ground swimming pools, detached garages, and other
accessory structures over 200 square feet. Damage to fences or patios, which are not
considered main structures, cannot substantiate a request for removal. Staff did not observe
any large roots in direct conflict with the foundation or roof of the nearby home but please
notify the Planning Division if there is evidence of imminent structure damage or if structure
damage has occurred.
In addition, Finding #3 (Utility Interference) only applies when a tree interferes with utilities to
a degree that cannot be controlled or remedied through reasonable modification/relocation of
the utilities or reasonable modification of the tree's root structure. In other words, the code
requires modification/relocation of the drain line or irrigation line to preserve an existing tree.
Regardless of the approval or denial of the tree removal application, the patio and drain line
will still require replacement/repair; therefore the work should be performed in a way to
accommodate the existing tree. Lastly, Finding #4 (Overplanting) cannot be substantiated.
While there are other mature protected trees in proximity, there is no indication that the subject
tree is overcrowding them in a way that impacts their long-term viability.
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 October 3, 2016. 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