Tree Removal Permit - Denied - 2016Community Development Department
June 23, 2016
Atar Mittal
1615 Hyde Drive
Los Gatos, CA 95032
Re: File 1`10: PLN2016-191
Address: 1603/1615 Hyde Drive
Application: Tree Removal Permit
Status: Denied
Dear Applicant,
The Campbell Planning Division has completed review of your Tree Removal Permit application
(PLN2016-191) for removal of one (1) Coast Live Oak tree measuring over 12" inches in diameter
located at the property line in the front yards of 1603 and 1615 Hyde Drive.
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 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. 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).
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.
PLN2016-191 ~ 1603 / 1615 Hvde Drive Pane 2 of 2
The stated reasons for removal include the tree is causing damage to the driveways of both homes and
limiting solar access to the .photovoltaic system on the roof of 1603 Hyde Drive.
Based upon a review of the application documents and a visual inspection of the tree on June 21, 2016,
the Community Development Director has determined that the required findings for approval have not
been met and the application is denied:
Finding #2 (Structure Damage), applies to main structure(s) 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 driveways, sidewalks, or roadways cannot
substantiate a request for removal, as they are not considered main structures. The existing driveways
can be reasonably modified or repaired while preserving the tree, rather than simply removing the tree.
Finding #5 (Economic Enjoyment and Hardship) can only be made when retention of the tree severely
limits the use of the property and there are no reasonable alternatives to preserve the tree. In addition,
Finding #3 (Utility Interference) also can only be made when there are no reasonable alternatives to
preserve the tree. Neither of these findings cannot be made regarding the solar panels; as the solar
panels can be reasonably modified (reconfigured or added to) in order to preserve a tree that existed
prior to the solar panels.
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 July 5, 2016 (accounting for the holiday closure). A written
appeal must be accompanied by the required $200 appeal filing fee.
If you have any questions regarding this letter; please contact rrie by phone at (408) 866-2144 or by
email at nazp@cityofcampbell.com.
Sincerely,
Naz Pouya
Project Planner
cc: Paul Kermoyan, Community Development Director