Appeal of Penalty for Illegal Tree Removal - 2017Fee Payment Report
PLN2017-00062 Pentamation Account Code Date Amount Due
THE Tree Replacement In Li 101.701.4971 5/2/2017 NP $ 8,600.00
Total Fees: $ 8,600.00
Site Address
216 RADFORD DR
CITY OF CAMPBFf l
Recvd By:
Page 1 of 1 5/2/2017
11:43:29AM
OF CAMn
MEMORANDUM
f Community Development Department
°"C M A R° Planning Division
To: Nicolas and Nicole Rauschnot Date: June 9, 2017
From: Naz Pouya, Planning Technician
Subject: 216 Radford Dr - Replacement Trees after Unlawful Removal of Protected Tree
File No.: PLN2017-199, PLN2017-62, IWQ2017-1752
On April 11, 2017 the Planning
Commission denied the Appeal of an
Interpretation of the Community
Development Director that the removal of
a protected Ash Tree without a Tree
Removal Permit requires payment for the
value of the unlawfully removed tree on
property located at 216 Radford Drive
(PLN2017-62, Resolution No. 4376). As
a condition, the appellants were required
to replace the Evergreen Ash Tree with
two (2) 36-inch box trees of an equivalent
aesthetic quality to the unlawfully
removed Evergreen Ash Tree, including a
large mature canopy and evergreen
foliage, subject to approval by the
Community Development Director.
On June 9, 2017 the property owner met
with City staff to discuss the locations
where the two replacement trees (Quercus Figure-1
virginiana, Southern Live Oak) had been planted 1-2 feet from the rear fence and below
overhead utility lines (Figure-1). Staff recommended relocation of the replacement trees to a
more appropriate location where they will have adequate room to grow to the 40-80 feet height
and 20-40 feet width typical for this species.
The property owner indicated he was unwilling to relocate the replacement trees and staff
advised the property owner of the following:
• The replacement trees are protected trees per CMC Section 21.32.050(A)(2) which states
any tree required to be planted as a condition of approval of a tree removal permit is
protected.
The replacement trees are a protected trees species at single family residential properties
per CMC Section 21.32.050(C) which includes oak, redwood, cedar, and ash as
protected.
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 • E-MAIL planning@cityofcampbell.com
PLN2017-199 — 216 Radford Drive Replacement Trees Page 2
The replacement trees, as protected trees required to be planted as a condition of
approval, are subject to replacement in kind should they be determined to be dead or
dying through an Authorization to Remove a Dead or Dying Tree application per CMC
Section 21.32.065(D).
• The property owners have created a situation that will inevitably lead to conflicts with the
overhead utility lines and rear fence, both reasons why the property owners applied to
remove and proceeded to unlawfully remove the Ash Tree previously in nearly the same
location as the northernmost replacement tree. This will be taken into consideration in the
likely event that a tree removal permit is later requested for these replacement trees due
to Utility Interference, Overplanting, and/or Economic Enjoyment and Hardship.
• Damage to the existing rear fence and/or conflicts in maintaining a rear fence due to the
replacement trees are not grounds for removal of the replacement trees. The property
owners are responsible for making accommodations around the trunk, base, roots, and
branches to preserve and protect the replacement trees.
The replacement trees shall be maintained and, when necessary, pruned in compliance
with "American National Standards Institute (ANSI) A300 Part I: Tree, Shrub, and Other
Woody Plant Management - Standard Practices" per CMC Section 21.32.150(A) to grow
in a natural shape and size despite the existing overhead utility lines. Any pruning not
performed in compliance with CMC Section 21.32.150(A) is considered "severe
trimming" which is prohibited and subject to penalties per Section 21.32.040. Severe
trimming means cutting back large diameter branches or the main trunk of a mature tree
to stubs (including topping and severe root pruning) which either destroys the existing
symmetrical appearance or natural shape of the tree and/or compromises the long-term
health or survival of a tree.
• CMC Section 21.32.040 also prohibits the removal of a protected tree, which is defined
as taking action that directly leads to or foreseeably leads to the death of a tree or
permanent damage to its health (e.g., cutting, girdling, poisoning, over -watering,
unauthorized relocation or transportation of a tree or trenching, excavating, or altering the
grade or paving within the dripline of a tree).
Despite the Community Development Director's recommendation to relocate the trees so they
can grow without future issue, as of June 9, 2017 the conditions of the Planning Commission
Resolution No. 4376 have been satisfied and the associated code enforcement case IWQ2017-
1752 is closed.
PROJECT PLANNER CONTACT:
Naz Pouya, Planning Technician
(408)866-2144
nazp@cityofcampbell.com
cc: Paul Kermoyan, Community Development Director
Randy Sweet, Code Enforcement Officer
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 • E-MAIL planning@cityofcampbell.com