Tree Removal Permit - Cedar - Denied - 2019CITY of CAMPBELL
Community Development Department
August 13, 2019
Mike Munoz
1170 Hacienda Ave
Campbell, Ca, 95008
Re: File No: PLN2019-136
Address: 1170 Hacienda Ave
Application: Tree Removal Permit
Status: Denied
Dear Applicant,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2019-136) for removal of one (1) Cedar Tree measuring 96" in circumference
located at the front 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.
Utility Interference - The tree or trees have interfered with utility services where such
interference cannot be controlled or remedied through reasonable mod ification/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.
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAx (408) 866-5140 • E-MAIL planning@cityofcampbell.com cityofcampbell.com
PLN2019-136 — 1170 Hacienda Ave Page 2 of 2
The stated reason for removal states danger of falling, utility interference and structure damage
(branches).
Based upon a review of the application documents, the Community Development Director has
determined that the required findings for approval have not been met and the application is
denied.
Finding #2 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 walkways, patios, or other paved areas,
which are not considered main structures, cannot substantiate a request for removal. Based on
the areas staff was allowed to inspect, staff did not observe signs of damage or imminent
damage to the existing structure or the rear neighbor's property.
Finding #3 applies to damage to gas, electricity and sewer utilities. After staff inspection it
was determined that there is no current or impending interference to any of the household
utilities. It is suggested to have the tree trimmed often as it is a large healthy tree that requires
maintenance.
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 August 22 2019. A written appeal
must be accompanied by the required $750 appeal filing fee.
If you have any questions regarding this letter, please contact me by phone at (408) 866-2732
or by email at paularncit oy fcainpbell.com.
Sincerely,
Paula Ruffinelli
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-MAIL planning@ cityokampbell.com