Tree Removal Permit - Cedar - 2016Community Development Department
December 21, 2016
Michael and Anne Mitoma
161 Grant St
Campbell, CA 95008
Re: File 11oTTo: PLN2016-375
Address: 161 Grant St.
Application: Tree Removal Permit
Dear Applicant,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2016-375) for removal of one (1) cedar tree measuring 32" 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 malting
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. Overplantin~ -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.
PLN2016-375 ~ 161 Grant St Page 2 of 2
The stated reasons for removal are the homeowner's allergies/asthma and crowding of another
protected tree.
Based upon a review of the application materials and an inspection of the tree, the Community
Development Director has denied the application for the cedar tree. Finding #4 (Overplanting),
cannot be substantiated. While a mature redwood tree (also a protected tree) is located in close
proximity, there is no indication that the cedar tree is overcrowding the redwood tree in a way
that impacts its long-term viability. There does appear to be an area of discolored needles near
the top of the redwood tree, but it appears to be in reasonable health otherwise. This may be a
sign the tree needs more water (as redwood trees thrive with regular moisture) rather than
overcrowding by the cedar tree. In fact, redwood trees often grow in groves with portions in
complete shade. In addition, the redwood tree may actually suffer from the sudden increase in
sun exposure that would result with removal of the cedar tree which would be from the
southwest where sun rays are most intense.
In addition, the Community Development Director has determined that seasonal allergies
possibly due to cedar pollen does not constitute Finding #5. This finding pertains to a property
owner's inability to develop the property, which, in turn, severely limits its use. Please be
aware that the surrounding neighborhood has three other Deodar Cedar trees within a 300 foot
radius of the property, and three more within a 500 foot radius. Removing the subject tree will
not eliminate the allergen.
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 January 3, 2017 (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 me by phone at (408) 866-2144
or by email at nazp@cityofcampbell.com.
Sincerely,
Naz Pouya
Proj ect Planner
cc: Paul Kermoyan, Community Development Director