Tree Removal Permit - Oak - Denied - 2018CITY of CAMPBELL
Community Development Department
July 13, 2018
Michelle Scott -Horwitz
546 Century Dr
Campbell, CA 95008
Re: File No: PLN2018-216
Address: 546 Century Dr
Application: Tree Removal Permit
Status: Denied
Dear Applicant,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2018-216) for removal of one (1) Coast Live Oak tree measuring 29 inches in
diameter located in the front yard of 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).
5. 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.
The stated reasons for removal are structure damage — uplifting hardscape.
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAx (408) 866-5140 • E-MAIL planning@cityofcampbell.com
PLN2018-216 — 546 Century Dr Page 2 of 2
Based upon a review of the application materials and an inspection of the trees, the Community
Development Director has deemed the application incomplete for the subject tree.
Finding #2 (Structure Damage) applies to main structure(s) which, per Section 21.32.020 of
Campbell Municipal Code (CMC), includes dwelling units, in -ground swimming pools,
detached garages, and other accessory structures over 200 square feet. Damage to driveways,
patios, walkways, or other paved areas, which are not considered main structures, cannot
substantiate a request for removal. In addition, CMC Section 21.28.090(A)(1) states driveways
shall be a minimum of 5 feet from the side property line and CMC Section 21.28.080(B)(3)
states parking areas shall not be developed in a required front or side yard fronting on a public
street. Staff recommends removing the paving and ceasing parking in this area to comply with
these code requirements and avoid code enforcement action in the future should the City
receive a complaint.
If you have any questions regarding this letter, please contact me by phone at (408) 866-2144
or by email at naznna,cityofcamnbell.com.
Sincerely,
Naz Pouya
Acting Assistant Planner
cc: Paul Kermoyan, Community Development Director
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAx (408) 866-5140 • E-MAIL planning@cityofcampbell.com