Tree Removal Permit - Elm - Denied - 2019CITY OF CAMPBELL
Community Development Department
September 17, 2019
Katherine Naegele/Anderson's Tree Care
121 N 27 h St
San Jose, CA 95116
Re: File No: PLN2019-158
Address: 459 Sunberry Dr
Application: Tree Removal Permit
Status: Denied
Dear Applicant,
The Campbell Planning Division has completed review of your Tree Removal Permit
application (PLN2019158) for removal of one (1) Siberian Elm tree measuring 36 inches in
diameter 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 Fallina - 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.
Structure Damal;e - 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 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.
PLN2019-158 — 459 Sunberry Dr Page 2 of 2
The stated reason for removal is trunk decay and dieback.
Based upon a review of the application materials and an inspection of the tree, the Community
Development Director has denied the application for the elm tree as Finding #1 cannot be
substantiated. Finding #1 states that trees that are diseased or in danger of falling may be
removed when they cannot be controlled or remedied through reasonable preservation and/or
preventative procedures and practices such that public health or safety requires its removal.
However it's not clear that the trunk and/or bark cannot be treated/reversed and the tree appears
to be in good health otherwise. In addition, the submitted application materials include an
inspection report from 2/12/19 indicating a recommendation to prune the tree to reduce the
load in the foliage crown and remove within two years suggesting that the tree can be
maintained at this time and does not present an immediate risk.
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 September 27, 2019. A written
appeal must be accompanied by the required $200 appeal filing fee.
If you have any questions regarding this letter, please contact me by phone at (408) 866-2144
or by email at nazpAcityofcampbell.com.
Sincerely,
Naz Pouya
Assistant Planner
cc: Paul Kermoyan, Community Development Director
Paula Ruffinelli, Planning Technician
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 • E-MAIL planning@cityofcampbell.com