Tree Removal Permit - Chinese Pistache - Approved - 2018CITY OF CAMPBELL
Community Development Department
October 8, 2018
1785 Hacienda Court HOA
1789 W. Hacienda Ave
Campbell, CA 95008
Re: File No: PLN2018-164
Address: 1795 W. Hacienda Ave
Application: Tree Removal Permit
Status: Approved
Dear Applicant,
The Campbell Planning Division has completed review of your Tree Removal Permit application
(PLN2018-164) for removal of one (1) Chinese Pistache tree measuring 11 inches in diameter
located in front of 1795 W. Hacienda Avenue.
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
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAx (408) 866-5140 • E-MAIL planning@cityofcampbell.com
PLN2018-164 — 1795 W. Hacienda Ave Page 2 of 2
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 reason for removal is structure damage to the adjacent pathway and utility interference
resulting in sewer backups.
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.
Finding #3 (Utility Interference) applies when such interference cannot be controlled or remedied
through reasonable modification/relocation of the utilities or tree branches/roots. Based upon an
inspection of the tree and review of the plumbing inspection video and previous repair bills, the
Community Development Director has approved removal of tree due to its roots interfering with
the sewer line, which cannot be controlled or remedied through reasonable modification of the
tree's root structure or utility line (satisfying Finding No. 3 — Utility Interference).
Removal of the tree is subject to the following Conditions of Approval:
The applicant shall plant one (1) 24-inch box tree at 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 effective date of this approval, unless accepted
arboricultural practices dictate a preferential planting period for the species chosen as the
replacement tree. Note that the replacement tree does not need to be in the same location.
2. The applicant shall provide the Project Planner with photographs of the installed
replacement tree (email address below).
3. This permit is valid for a period of one year.
This decision 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
October 18, 2018. 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 approved 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@cLtyofcampbell.com.
Sincerely,
Naz Pouya
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