Tree Removal Permit - 2 Redwoods - 1 approved and 1 denied - 2017CITY of CAMPBELL
Community Development Department
September 6, 2017
Ian and Donna Belvin
197 Cherry Ln
Campbell, CA 95008
Re: File No: PLN2017-260
Address: 197 Cherry Ln
Application: Tree Removal Permit
Status: Partial Approval - 1 Approval, 1 Denial
Dear Applicant,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2017-260) for removal of one (1) redwood tree in the front yard measuring
30 inches in diameter and one (1) redwood tree in the back yard measuring 6 feet 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. 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 En,Lyment 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.
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • EAX (408) 866-5140 • E-mn~L planning@cityofcampbell.com
PLN2017-260 ~ 197 Cherry Ln Page 2 of 3
The stated reasons for removal of the back yard redwood tree are 1) the homeowner's
allergies, 2) the tree's large size and 3) its proximity to the roof of the home. The stated reason
for removal of the front yard redwood tree is the tree's size and proximity to the foundation of
the home.
Back Yard Redwood Tree
Based upon a review of the application materials and an inspection of the trees, the Community
Development Director has denied the application for the back yard redwood tree.
The Community Development Director has determined that allergies to mold growing beneath
the redwood tree does not constitute any of the required findings. Finding #5 pertains to a
property owner's inability to develop the property, which, in turn, severely limits its use.
Maintaining existing trees on private property is a normal responsibility of any property owner
and not considered an undue hardship. The Planning Division recommends removing fallen
needles and other plant debris from beneath the tree that may otherwise encourage the growth
of mold if left in place and/or minor pruning of the lower branches to allow more sunlight to
reach the base of the tree creating conditions less conducive to mold growth.
In addition, Finding #2 (Structure Damage) can only be made when a tree has caused or may
imminently cause damage to an existing main structure that cannot be controlled or remedied
through reasonable modification of the tree's root or branch structure. The dripline of the back
yard tree ends approximately at the roof of the home; therefore it does not appear to interfere
with the roof in a manner that cannot be controlled or remedied. The Planning Division
recommends continuing to perform minor pruning to prevent overhanging branches that
present a concern.
Staff observed that there are areas of discolored needles throughout the canopy of the back
yard tree, but it appears to be in reasonable health otherwise. This may be reversible and
simply due to the limited water availability and recent high temperatures during the current
summer season; however please contact the Planning Division if the tree's condition worsens.
Front Yard Redwood Tree
The Community Development Director has improved the application for the front yard
redwood tree due to its proximity to the foundation of the home. The trunk and/or roots may
imminently cause damage to the nearby main structure that cannot be controlled or remedied
through reasonable modification of the tree's root or branch structure (satisfying Finding No. 2
- Structure Damage).
Removal of the front yard tree is subject to the following Conditions of Approval:
The applicant shall plant one (1) 24-inch box tree somewhere on the above referenced
property. Replacement species may not include fruit trees or Eucalyptus trees. The
replacement tree shall be planted within 30 days of the date of removal, unless accepted
arboricultural practices dictate a preferential planting period for the species chosen as
the replacement trees.
2. This permit is valid for a period of one year.
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • Fax (408) 866-5140 • E-NtniL planning@cityofcampbell.com
PLN2017-260 ~ 197 Cherry Ln Pale 3 of 3
This decision (one approval, one denial) including the above conditions of approval 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 18, 2017. A written appeal must be
accompanied by the required $750 appeal filing fee. If an appeal is received, you will be
notified of its receipt. If no appeal is received, you may remove the front yard tree after
the close of the 10-day appeal period.
If you have any questions regarding this letter, please contact me by phone at (408) 866-2144
or by email at nazp(a~cit o~pbell.com.
Sincerely,
~:J%~ L 6
Naz/ Pouya
Planning Technician
cc: Paul Kermoyan, Community Development Director
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • Fax (408) 866-5140 • E-Ma[L planning@cityofcampbelLcom