Tree Removal Denied - 2002 CITY OF CAMPBELL
Community Development Department
CAMPBELL
August 29, 2002
Ms. Jill Collins
Equity Office
1999 S. Bascom Avenue, Suite 200
Campbell, CA 95008
Re: Appeal of PLN2002-72 - Tree Removal at 1875 S. Bascom Avenue
Dear Appellant:
Please be advised that the Planning Commission, at its meeting of August 27, 2002,
adopted Resolution No. 3455 denying your appeal and upholding the Administrative
Denial of a Tree Removal Permit.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk
by 5 p.m. on Friday, September 6, 2002. California Code of Civil Procedure, Section
1094.6, governs the time within which judicial review of this decision must be sought.
If you have any questions, do not hesitate to contact me at (408) 866-2140.
Sincerely,
~en°i fof r I i~ parnand2: Y
7o North First Street . Campbell, California 95OO8-1436 - TEL 408.866.2140 · F^X 408.871 .5140 . T~}D 408.866.2790
RESOLUTION NO. 3455
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING AN APPEAL AND
UPHOLDING THE COMMUNITY DEVELOPMENT DIRECTOR'S
ADMINI§TRAT1VE DENIAL OF A TREE REMOVAL PERMIT
(PLN2002-72) TO REMOVE A 13-INCH IN DIAMETER CHINESE
ELM TREE ON PROPERTY OWNED BY EQUITY OFFICE
LOCATED AT 1875 S. BASCOM AVENUE IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPPEAL OF MS. JIIJ.
BAKICH COLLINS, ON BEHALF OF EQU1TY OFFICE. FII.F. NO.
PLN2002-72.
After notification and public heating, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2002-72:
1. The Chinese Elm tree is currently in excellent health and can be re reasonably well
structured.
The Chinese Elm tree does not have the potential to cause substantial damage to the
surrounding area.
3. The situation can be controlled or remedied through reasonable pruning of the tree.
Based on the foregoing findings, the Planning Commission further finds and concludes that the
evidence does demonstrate that:
1. The tree is not diseased.
The tree does not 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.
o
The tree does not cause substantial damage to existing or proposed main buildings (e.g.,
dwellings or other main buildings) that cannot be controlled or remedied through reasonable
pruning.
The retention of the tree does not restrict the economic enjoyment of the property or create 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 not demonstrated to the satisfaction of the approval authority that there are
no reasonable alternatives to removing the tree.
Planning Commission Resm,,don No. 3455
PLN2002-72- 1875 S. Bascom Avenue
Denying Appeal and Upholding Administrative Denial of Tree Removal Permit
Page 2
NOW, THEREFORE, BE 1T RESOLVED that the Planning Commission denies an appeal and
upholds the Community Development Director's denial of a Tree Removal Permit (PLN2002-
72) to remove a 13-inch diameter Chinese Elm tree from property owned by Equity Office
located at 1875 S. Bascom Avenue.
PASSED AND ADOPTED this 27th day of August, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley and Gibbons
Jones
Francois and Hernandez
None
APPROVED:
George Doofley, Acting Chair
Sharon Fierro, Secretary
ITEM NO. 5
CAMPBELL
STAFF REPORT - PLANNING COMMISSION MEETING
OF AUGUST 27, 2002
Appeal of
PLN2002-72
Jill Collins
Public Hearing to consider the appeal of Ms. Jill Bakich Collins, on behalf of
Equity Office -The PruneYard, of an Administrative Decision by the
Community Development Director for a Tree Removal Permit (PLN2002-72)
to remove a 13-inch in diameter Chinese Elm tree on property located at 1875
S. Bascom Avenue in a C-2-S (General Commercial) Zoning District.
PLANNING COMMISSION ACTION
The Planning Commission may take one of the following actions:
1. Adopt a Resolution upholding the Administrative Denial of a Tree Removal Permit
(PLN2002-72) and deny the appeal; or
Adopt a Resolution upholding the appeal and overturning the Administrative Denial of a
Tree Removal Permit (PLN2002-72), subject to the attached Conditions of Approval; and
find this project is categorically exempt under Section 15303 Class 4 of CEQA pertaining to
minor alterations in the condition of land, or
3. Continue the item for further review.
BACKGROUND
The PruneYard is developed with a mix of uses including office, retail, movie theatre and a hotel.
The subject tree is located in a raised planter bed located in the plaza surrounded by Hobee's
Restaurant, Camera Cinemas, Boswell's and Campbell Coffee Roasting Company. The tree is a
Chinese Elm with a 13-inch trunk diameter, 20 feet in height and with a 45-foot wide canopy
according to the arborist report. The arborist indicates that the tree is in excellent health.
The applicant submitted a Tree Removal Permit application on June 14, 2002. The reasons stated
were that the tree limits the queuing in front of the Camera Cinemas and obscures the visibility of
the theatre signage.
Administrative Denial:
On July 9, 2002, the Community Development Director denied the Tree Removal Permit to
remove the Chinese Elm tree.
Chapter 21.56 of the Campbell Municipal Code (Tree Protection Ordinance) stipulates that the
Community Development Director can approve a Tree Removal Permit only if one or more of
the following findings can be made:
Staff Report - Planning Commissi,,,, Meeting of August 27, 2002
PLN2002-72 - 1875 $. Bascom Avenue
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Diseased or Danger of Falling - The tree is irreparably 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.
Potential Damage - The tree can potentially cause substantial damage to existing or
proposed main buildings (e.g., dwellings or other main buildings) or interfere with utility
services and cannot be controlled or remedied through reasonable relocation or
modification of the structure or utility services.
°
Economic Enjoyment and Hardship - The retention of the tree 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. 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 arborist report, prepared by Barfie D. Coate, concludes that the Chinese Elm tree is in
excellent health but with a structure composed of long poorly tapered limbs due to poor
pruning in the past. However, he stated that the tree could certainly be pruned to a structure
less likely to experience broken limbs. Therefore, the Community Development Director could
not make the finding that the subject tree is irreparably 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.
The subject tree is not causing damage to any buildings or interfering with any utility services.
Therefore, the Community Development Director could not make the finding that the subject
tree can potentially cause substantial damage to existing or proposed main buildings or
interfere with utility services that cannot be controlled or remedied through reasonable
relocation or modification of the structure or utility services.
In a letter dated June 4, 2002, the applicant stated that the reason for removal of the tree was
because the tree blocks the visibility of the new Camera Cinemas and impacts the path of travel
(ADA) to the theaters and other courtyard tenants and the removal of the tree would alleviate
this hardship. Staff finds that the retention of the large, mature Chinese Elm tree adds to the
PruneYard and the City overall and does not pose an economic hardship for the theaters. The
theaters have multiple signs advertising the business located along Campbell Avenue, Bascom
Avenue and in front of the tenant space and with proper pruning the tree could be retained
while still providing visibility to the theaters. Additionally, the Building Official has reviewed
the project site for compliance with access requirements and ADA compatibility and has
concluded that the tree does not cause accessibility problems, ADA or otherwise.
Staff Report - Planning Commisst~,, Meeting of August 27, 2002
PLN2002-72 - 1875 S. Bascorn Avenue
?~.~...~ ...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................
The application for a Tree Removal Permit for the Chinese Elm tree located at the PruneYard
was therefore denied since the Community Development Director could not make the findings
required for approval under the Tree Protection Ordinance.
Appeal: On July 15, 2002, the City received a letter appealing the administrative denial of the
Tree Removal Permit from the applicant. The appellant states that the Chinese Elm should
approved for removal due to visibility issues for the Camera Cinemas.
SARC: On July 23, 2002, SARC reviewed the proposal and requesting the following additional
information:
1. An arborist report indicating what level of pruning would both improve visibility to the
Camera Cinemas and maintain the health and structure of the tree.
2. A queuing analysis showing the queuing arrangements for the theatre both with and without
the tree and raised planter.
On August 7, 2002, SARC reviewed the proposal again. The applicant was unable to provide the
arborist report for this meeting but did provide photographs indicating the level of pruning that
would be desired if the Tree Removal Request was denied. These photos are included as
Attachments. Staff finds that the proposed pruning is severe and would compromise the
appearance of the tree and is not supportive of the proposed pruning.
Queuing diagrams were presented and discussed that provided for 65 people in line with the tree
and planter and 105 people in line without the tree and planter.
Staff has evaluated the queuing issue and finds that adequate space for queuing can be created
within the plaza without the removal of the tree and planter. Outdoor seating for the Camera
Cinemas, Hobee's and Campbell Coffee Roasting Co. can be rearranged to create substantially
more space than the 11 by 14 foot planter occupies.
Normal pruning done to the tree prior to the July 25, 2002 grand opening of the Camera Cinemas
has improved the visibility of the theatres substantially. Additionally, staff has proposed the
installation of an additional freestanding sign adjacent to the driveway to address the theatre
visibility issue. This additional sign would require Planning Commission approval as a Sign
Exception.
Attachments:
1. Findings for upholding the Administrative Denial and denying the appeal of PLN2002-72
2. Findings for upholding the appeal and overturning the Administrative Denial of PLN2002-72
3. Conditions of Approval
4. Letters from applicant dated 6/24/02, 6/28/02 and 7/15/02.
5. Arborist's Report
6. Photos of Subject Tree
7. Proposed Pruning Photos
8. Queuing Plans
9. Location Maps
Staff Report - Planning Commissto,, Meeting of August 27, 2002
PLN2002-72 - 1875 S. Bascom Avenue
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Prepared by:
Approved by:
Geoff I. 13~lle"'~, SeniOr Pl~nne ~/~ ~
Sharon Fierro, Community Development
Director
Attachment #1
FINDINGS FOR UPHOLDING THE ADMINISTRATIVE DENIAL AND DENYING
THE APPEAL OF PLN2002-72
APPELLANT ·
SITE ADDRESS:
DATE:
Jill Bakich Collins (Equity Office)
1875 S. Bascom Avenue
August 27, 2002
Findings for upholding the Administrative Denial of PLN2002-72 on property located at 1875 S.
Bascom Avenue and denying the appeal.
The Planning Commission finds as follows with regard to File No. PLN2002-72:
1. The Chinese Elm tree is currently in excellent health and can be re reasonably well structured.
2. The Chinese Elm tree does not have the potential to cause substantial damage to the surrounding
area.
3. The situation can be controlled or remedied through reasonable pruning of the tree.
Based on the foregoing findings, the Planning Commission further finds and concludes that the
evidence does demonstrate that:
1. The tree is not diseased.
2. The tree does not 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.
3. The tree does not cause substantial damage to existing or proposed main buildings (e.g.,
dwellings or other main buildings) that cannot be controlled or remedied through reasonable
pruning.
4. The retention of the tree does not restrict the economic enjoyment of the property or create 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 not demonstrated to the satisfaction of the approval authority that there are no reasonable
alternatives to removing the tree.
Attachment #2
FINDINGS FOR UPHOLDING THE APPEAL AND OVERTURNING THE
ADMINISTRATIVE APPROVAL OF FILE NO. PLN2002-72
APPELLANT:
SITE ADDRESS:
DATE:
Jill Bakich Collins (Equity Office)
1875 S. Bascom Avenue
August 27, 2002
Findings for upholding the appeal and overturning the Administrative Denial of PLN2002-72 on
property located at 1875 S. Bascom Avenue
The Planning Commission finds as follows with regard to File No. PLN2002-72:
1. The proposed tree replacement plan of one (1) 24-inch box tree (species to be determined) tree is
consistent with the requirements of the Tree Protection Ordinance.
2. The proposed replacement tree will be a sufficient replacement for the Chinese Elm tree to be
removed and will continue the diversity of tree species found in the community.
3. The tree has the potential to create an economic hardship on the property owner due to limited
visibility of the theatre space.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes that:
1. The retention of the tree does restrict the economic enjoyment of the property and 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 removing the tree.
2. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Attachment #3
CONDITIONS OF APPROVAL FOR FILE NO. PLN 2002-72
APPELLANTS:
SITE ADDRESS:
DATE:
Jill Bakich Collins (Equity Office)
1875 S. Bascom Avenue
August 27, 2002
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. Where approval by the Community Development Director, City Engineer, Public
Works Director, City Attorney, or Fire Department is required, that review shall be for
compliance with all applicable Conditions of Approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all applicable
Codes or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Approved Project: Approval is granted for a Tree Removal Permit (PLN2002-72) to allow
the removal of one 13-inch diameter (1) Chinese Elm tree located in the raised planter bed
directly in front of the theatre space at 1875 S. Bascom Avenue (The PruneYard) except as
may be modified by the Conditions of Approval contained herein.
Replacement Tree: The applicant is required to plant one (1) 24-inch box tree to replace the
Chinese Elm tree at a location approved by the Community Development Director. The
replacement tree shall be a species that it is included in the City's Water Efficient
Landscaping Guidelines (WELS). The replacement tree must be installed within 30 days of
the final approval date of the Tree Removal Permit following the appeal period.
3. Raised Planter: Submit revised plaza design for review and approval of the Community
Development Director prior to removal of the raised (1 lx 14 foot) planter area.
CITY oF CAMPBELL
Community Development Department
CAMPBELL
August 16, 2002
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, August 27, 2002, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the
Appeal of Ms. Jill Bakich Collins, on behalf of Equity Office - The Pruneyard, of an
Administrative Decision by the Community Development Director for a Tree Removal Permit
(PLN2002-72) to remove a 13-inch in diameter Chinese Elm tree on property owned by Equity
Office located at 1875 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District.
This project is Categorically Exempt.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Hearing. Questions may be addressed to the Community Development Department at
(408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2002-72
Address: 1875 S. Bascom Avenue
70 North First Street - Campbell, California 95OO8-1436 · TEL 408.866.2 140 · VAX 408.871 .5 140 ' ll~l) 408.866.2790
°
City of Campbell -- Community Development Department
70 N. First Street, Campbell, CA 95008
MEMORANDUM
To: Site and Architectural Review Committee
From: Geoff I Bradley, Senior Planner~5~l~
Subject: 1875 S. Bascom Avenue -- PLN 2002-72
Tree Removal Permit - Appeal
Meeting Date: August 13, 2002
Date: August 7, 2002
Proposal
The applicant is requesting approval of a Tree Removal Permit of a 13 inch Chinese Elm located in a
raised planter in front of the Camera Cinemas space currently undergoing renovation.
This proposal was denied by the Community Development Director on July 9, 2002 because none of
the three required findings could not be made.
The applicant has appealed this decision to the Planning Commission.
The item was before SARC on July 23, 2002. The following additional information was requested:
Arborist Report - A detailed report from the arborist indicating what level of pruning would be
appropriate to maintain the health and appearance of the tree while providing more visibility
through the tree.
2. Queuing Analysis - Diagrams showing the different queuing arrangements for the theatre with
and without the tree and raised planter.
These items are currently under preparation by the applicant and will be available for review and
discussion at the August 13, 2002 SARC meeting. The public hearing has been continued to the
August 27, 2002 meeting.
J:\SARC\SARC memo PruneYard Tree.doc
August 7, 2002
CITY oF CAMPBELL
Community Development Department
CAMPBELL
Re: PLN2002-72 - 1875 S. Bascom Avenue - Tree Removal Permit
Dear A~o~cant: ,,
Please be advised that the above-referenced application has been scheduled for the following
meeting(s):
Site and Architectural Review Committee Meeting
Date: Tuesday, August 13, 2002
Time: 6:10 p.m.
Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, August 27, 2002
Time: 7:30 p.m.
Location: City Hall Council Chambers, 70 N. First Street, Campbell
Should you have any questions or comments, please do not hesitate to contact me at (408) 866-
2140.
Sincerely,
Geoff I. Bradley //
Senior Planner
,r
CC.'
Equity Office (Applicant/Property Owner)
1999 S. Bascom Avenue, Suite 200
Campbell, CA 95008
70 North First Street . Campbell, California 95008-1436 . TEl_ 408.866.2140 · }:AX 408.871.5140 · TDD 408.866.2790
CITY OF CAMPBELL
Community Development Department
CAMPBELL
August 2, 2002
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, August 13, 2002, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Heating to consider the
Appeal of Ms. Jill Bakich Collins, on behalf of Equity Office - The Pruneyard, of an
Administrative Decision by the Community Development Director for a Tree Removal Permit
(PLN2002-72) to remove a 13-inch in diameter Chinese Elm tree on property owned by Equity
Office located at 1875 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District.
This project is Categorically Exempt.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Hearing. Questions may be addressed to the Community Development Department at
(408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2002-72
Address: 1875 S. Bascom Avenue
70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2 140 - FAX 408.87 I .5 140 - 'r~)~) 408.866.2790
City of Campbell -- Community Development Department
70 N. First Street, Campbdl, CA 95008
To: Site and Architectural Review Committee
From: Geoff I Bradley, Senior Planner ~~
Subject: 1875 S. Bascom Avenue -- PLN 2002-72
Tree Removal Permit - Appeal
Date: July 17, 2002
Proposal
The applicant is requesting approval of a Tree Removal Permit of a 13 inch Chinese Elm located in a
raised planter in front of the Camera Cinemas space currently undergoing renovation.
This proposal was Denied by the Community Development Director because none of the three required
findings could not be made.
The applicant has appealed this decision to the Planning Commission.
The following are the findings for a Tree Removal Permit, one of which must be made in the
affirmative:
Diseased or Danger of Falling - The tree or trees are irreparably 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. The arborist
report, prepared by Barrie D. Coate, concludes that the Chinese Elm tree is in excellent health
but with a structure composed of long poorly tapered limbs due to poor pruning in the past.
However, he stated that the tree could certainly be pruned to a structure less likely to experience
broken limbs; therefore, the Community Development Director cannot make the finding that the
subject tree is irreparably diseased or presents a danger of falling that cannot be controlled or
remedied through reasonable preservation and/or preventative procedures.
Potential Damage - The tree or trees can potentially cause substantial damage to existing or
proposed main buildings (e.g., dwellings or other main buildings) or interfere with utility
services and cannot be controlled or remedied through reasonable relocation or modification of
the structure or utility services.
The subject tree is not causing damage to any buildings or interfering with any utility services;
therefore, the Community Development Director cannot make the finding that the subject tree
can potentially cause substantial damage to existing or proposed main buildings or interfere with
utility services.
o
Economic Enjoyment and Hardship - The retention of the tree 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 apph,~.nt has demonstrated to the satisfaction of the approval authority that
there are no reasonable alternatives to preserve the tree. 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.
Correspondence from the applicant dated June 4, 2002 stated that the reason for the requested
removal of the tree was because the tree blocks the visibility of the new Camera Cinemas and
impacts the path of travel (ADA) to the theaters and other courtyard tenants and the removal of
the tree would alleviate this hardship. The Building Official has reviewed the project site for
compliance with access requirements and ADA compatibility and has concluded that the tree
does not cause accessibility problems, ADA or otherwise.
Staff finds that the retention of the large, mature Chinese Elm tree adds to the attractiveness of
the PruneYard and the City overall and does not pose an economic hardship for the theaters. The
tree has a very large canopy and creates a shaded, inviting area that would otherwise be barren
and unattractive. The other trees in the plaza are mature Olive trees that have been severely
pruned and do not offer much shade or visual interest.
The theaters have multiple signs advertising the business located along Campbell Avenue,
Bascom Avenue and in front of the tenant space and with proper pruning the tree could be
retained while still providing visibility to the theaters.
Outstanding Issues
Both Office Equity and Camera Cinemas have stated that an additional rationale for removing the tree
is to create more room for patrons of the theatre to stand in line for the movies. This would indicate
that in addition to the removal of the tree, the applicant would also seek approval to remove the raised
planter bed that the tree is located in. Staff believes that adequate space for queuing can be
accommodated by limiting the outdoor seating for the adjacent restaurants to those areas that were
originally approved.
In order to address the sign visibility issue, staff has indicated that in addition to appropriate pruning
of the tree, staff would be supportive of an additional ground sign for Camera Cinemas in front of the
tree near the one way driveway.
Attachment: photos of subject tree
CITY OF CAMPBELL
Community Development Department - Current Planning
July 16, 2002
Re: PLN2002-72 - 1875 S. Bascom Avenue - Tree Removal Permit
Dear Applicant:
Please be advised that the above-referenced application has been scheduled for the following
meeting(s):
Site and Architectural Review Committee Meeting
Date: Tuesday, July 23, 2002
Time: 6:30 p.m.
Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, August 13, 2002
Time: 7:30 p.m.
Location: City Hall Council Chambers, 70 N. First Street, Campbell
Should you have any questions or comments, please do not hesitate to contact me at (408) 866-
2140.
Sincerely,
Geoff I. Bradley
Senior Planner
CC:
Jill Bakich Collins (Applicant)
Equity Office, The Pruneyard
1999 S. Bascom Avenue, #200
Campbell, CA 95008
70 North First Street · Campbell, California 95008-1436 · TEL408.866.2140 - FAX 408.866.8381 - TDD 408.866.2790
Equity Office
July 15, 2002
City of Campbell
70 North First Street
Campbell, CA 95008-1436
Denial of Tree Removal Application
City File No. PLN2002-00072
Pruneyard Shopping Center
RE:CE:tV .D
3tlL 1 5
Per Geoff Bradley, Senior Planner, to appeal the denial of the above referenced tree
removal permit a letter needs to be submitted to the City along with a $100 fee (which
will be paid upon delivery of this letter). This letter serves as our notice that we wish to
appeal the staff's decision to deny the tree removal permit. We feel strongly that the tree
obliterates all visibility for the theatre from the street. The theatre space which due to its
location has poor frontage to begin with will be further harmed by poor visibility.
Because the theatre is opening on July 26th' we wish to appeal this to Planning
Commission as quickly as possible. It is important to the success of the theatre that new
patrons can find them on opening week. I can be reached at 408-371-4700.
Sincerely,
Jill Bakich Collins
General Manager
The Pruneyard
Equity Office Properties Trust
1999 South Bascom Avenue, Suite 200 · Campbell, CA 95008 · Phone: 408.371.3831 · Fax: 408.271.3831 · http://w~xv.equityoffice.com
.o'~'
July 9, 2002
CITY oF CAMPBELL
Community Development Department - Current Planning
Ms. Julie Garcia
Equity Office Properties
1999 S. Bascom Avenue #200
Campbell, CA 95008
Re:
Tree Removal Permit Application
City File No.: PLN2002-00072
PruneYard Shopping Center
Dear Ms. Garcia:
The Campbell Planning Division has reviewed your application for a permit to remove one 13-
inch diameter Chinese Elm tree in front of the Camera Cinemas in the PruneYard Shopping
Center.
Chapter 21.56 of the Campbell Municipal Code (Tree Protection Regulations) stipulates that
the Community Development Director can approve a Tree Removal Permit only if any of the
following findings can be made:
Diseased or Danger of Falling - The tree or trees are irreparably 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.
Potential Damage - The tree or trees can potentially cause substantial damage to existing
or proposed main buildings (e.g., dwellings or other main buildings) or interfere with
utility services and cannot be controlled or remedied through reasonable relocation or
modification of the structure or utility services.
o
Economic Enjoyment and Hardship - The retention of the tree 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. 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 arborist report, prepared by Barrie D. Coate, concludes that the Chinese Elm tree is in
excellent health but with a structure composed of long poorly tapered limbs due to poor
pruning in the past. However, he stated that the tree could certainly be pruned to a structure
less likely to experience broken limbs; therefore, the Community Development Director cannot
70 North First Street · Campbell, California 95008-1436 · T~L 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790
make the finding that the subject tree is irreparably 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.
The subject tree is not causing damage to any buildings or interfering with any utility services;
therefore, the Community Development Director cannot make the finding that the subject tree
can potentially cause substantial damage to existing or proposed main buildings or interfere
with utility services that cannot be controlled or remedied through reasonable relocation or
modification of the structure or utility services.
Your letter dated June 4, 2002 stated that the reason for removal of the tree was because the
tree blocks the visibility of the new Camera Cinemas and impacts the path of travel (ADA) and
otherwise to the theaters and other courtyard tenants and the removal of the tree would
alleviate this hardship. Staff finds that the retention of the large, mature Chinese Elm tree adds
to the PruneYard and the City overall and does not pose an economic hardship for the theaters.
The theaters have multiple signs advertising the business located along Campbell Avenue,
Bascom Avenue and in front of the tenant space and with proper pruning the tree could be
retained while still providing visibility to the theaters. Additionally, the Building Official has
reviewed the project site for compliance with access requirements and ADA compatibility and
has concluded that the tree does not cause accessibility problems, ADA or otherwise.
The application for a Tree Removal Permit for the Chinese Elm tree located at the PruneYard
is therefore denied since the Community Development Director cannot make the findings
required for approval under the Tree Protection Regulations.
This decision is appealable to the Planning Commission and shall be made in writing to the
City Clerk and accompanied by the $100 appeal fee within ten calendar days following the
date of the decision, on or before 5:00 p.m. Friday, July 19, 2002. Any decision not appealed
within the ten-day period shall be final.
If you have any questions please do not hesitate to contact me at (408) 866-2124 or via email
at geoffb @ cityofcampbell.com.
Sincerely,
Geoff I. Bradley /
Senior Planner /
cc: Sharon Fierro, Community Development Director
Equity Office
June 28, 2002
Stephanie Willsey
City of Planning
Community Development Department
70 North First Street
Campbell, CA 95008
Dear Stephanie:
RECE ¥ D
JUL 0 2002
ClTV OF C^MPBELL
P NNI JG D PT.
The PruneYard is in receipt of your letter dated June 18, 2002, denying our application
for permit to remove one 13-inch in diameter Chinese Elm tree that is located in front of
the Camera Cinemas at The PruneYard Shopping Center.
Per the conversation yesterday between Jill Collins and you and the subsequent
scheduling of a meeting for next Tuesday, July 2, 2002, with Geoff Bradley to discuss
this situation, consider this to be exercising our right to appeal the decision that was
made.
As explained in the conversation, The PruneYard feels that the removal of this tree does
fall in the category of financial hardship if this tree is not removed or relocated, as
visibility to Camera Cinemas will be completely obstructed. As is, the four full-grown
olive trees surrounding this same area partially hamper the theatre's visibility. Lastly, the
former tenant, United Artists Theatre, was not successful in this space and left due to
financial issue.
We thank you for the time taken to review this request and look forward to our further
discussion on Tuesday.
Sincerely,
The PruneYard Shopping Center
By Equity Office Properties
Its Managing Agent
ie Garcia
Property Manager
EqulD Office Properlies Trusl
1999 South Bascom Avenue, Suite 200 · Campbell. CA 95008 · Phone: 408.371.4700 · Fax: 408.371.3831 · http://x~x;x~ eqt ly{ ffce 'o n
ORCH
File
Date Filed _.
City of Campbell, 70 N. First Street, Campbell, CA 95008, (408) 866-2140
APPLICATION FOR PERMIT TO REMOVE TREE(S)
Trees on Private Property Only - Contact the Public Works Department
for Street Trees or Trees on Publicly-Owned Property
Name of Applicant ~0. u. Cr"l C)lg~'tc¢- "Scx[.i~: q-o.z-c.(cx. Phone 3'/1-q700
ipplicant'sAddress l°tqq ,.5o~+'k. iga.~co,,v,, So.~4e. 2z~0 C~.~,ebe. Ii
Subject Property Address 1~"}5 ?::,o~ ~:>~e>n'q ,~'vo-.,.-~>ctxn6h2o..rd
Name of Property Owner ~'~ ~ cv'"[ D ff ic. l C ~ Phone
Property Owner' s Mailing Address lqcl°t $. li~u. 5Co,'~,,
Tree Diameter (s) Reason for Removal
Species of Tree(s) or Circumference Health of (Must meet criteria of Section
(measured 4 ft. Tree(s) 21.56.080 of the Tree Protection
above ~ade) Ordinance- see back page)
SUBMITTAL REQUIREMENTS:
[--] Color photographs of trees proposed for removal (depicting reason for requested removal);
[~ Arborist Report prepared by an ISA Certified Arborist 'including the appraised value of each tree);
Site Plan (See attached details);
Tree Replanting Plan (See attached details); and,
Other information deemed necessary by the commumty development director to evaluate the tree removal
request (to be determined on a case-by-case basis).
Owner's Signature: [[L~I.~ ~q'~_0Af~{ C~
Agent for Owner' sOi~nature:
% I
Homeowners Assoc~President' s Signature:
Date:
Date:
CITY OF CAMPBELL
Community Development Department - Current Planning
June lg, 2002
Ms. Julie Garcia
Equity Office Properties
1999 South Bascom Ave.-STE 200
Campbell, CA 95008
Subject:
Tree Removal Permit Application
City File No.: PLN2002-00072
PruneYard Shopping Center
Dear Ms. Garcia:
The Campbell Planning Division has reviewed your application for a permit to remove one 13-
inch in diameter Chinese Elm tree in front of the Camera Cinemas in the PruneYard Shopping
Center.
Your application has been deemed incomplete. In order to deem your application complete
the following required application materials must be submitted:
1. The signature of the property owner on the application form (enclosed.)
Site Plan that includes:
a. Location, size and species of the tree to be removed.
b. Existing footprint of the structures, paving and landscape areas.
Tree Replacement Plan that includes:
a. A site plan of the property and the location and species of the proposed replacement
tree. The City has adopted the following tree replacement ratios for trees to be
removed. Please refer to the City's Water Conserving Plant List for suggested tree
varieties (enclosed.)
Trunk Size of Removed Tree Replacement Ratio Required
(measured at 4 feet above grade) (per tree removed)
Diameter Circumference Number of Minimum Size
(in inches) (in inches) replacement trees
12 to 24 38 to 75 1 24 inch box
Greater than 24 greater than 75 1 36 inch box
70 North First Street . Campbell, California 95008- 1436 - TEL 408.866.2140 - FAX 408.866.838 I ' TDD 408.866.2790
PLN2002-O0072 ~ PruneYa,~, Shopping Center Page 2 of 2
If you have any questions, please contact me at (408) 866-2143 or via email at
stephaniew @cityofcampbell.com.
Sincerely,
Stephanie Willsey
Planner I
encl City of Campbell's Water Conserving Plant List
Application Form
cc: Geoff Bradley, Senior Planner
Equity Office
June 4, 2002
Attachment #4
City of Planning
Community Development Department
70 North First Street
Campbell, CA 95008
Dear Sir or Madam:
The EOP - The PruneYard, L.L.C., wishes to apply lbr a permit to remove a Chinese elm
at the property which is located in an 8x12 foot raised planter in front of the Camera
Cinemas location, suite 100, at The PruneYard Shopping Center.
The tree should be removed because it impacts the path of travel, (ADA and otherwise)
of the Camera Cinemas and the other courtyard tenants. This tree also blocks the
visibility of the theatre. Removing this tree would open up this area. Lastly, there are
four maturing olive trees surrounding this courtyard area and the removal of this tree
would allow the olive trees to grow and spread in a normal and healthy manner.
Enclosed is a photograph of this tree along with a copy of the arborist report from Barrie
D. Coate.
The PruneYard has already replanted an olive tree more consistent with the variety of tree
at the property on Earth Day with the Hazelwood Elementary School. We hope planting
of new trees and vegetation will be a continuing trend each year.
Thank you for taking the time to assess this request for permit. Please let me know if
there is further information you need in order to make a decision.
Sincerely,
The PruneYard Shopping Center
By Equity Office Properties
Its Managing Agent
Julie Garcia
Property Manager
Equity Office Properties Trusl
1999 South Bascom Avenue, Suite 200 · Campbell, CA 95008 · Phone: 408.371.4700 · Fax: 408.371.3831 · llttp://wxxw.equilyoffice.cum
BARRIE D.. COATE AND ASSOCIATES
Horticultural Consultants
(?1~8) 353-1052
Fax (408) 353-1238
:23535 Summit Rd. Los Gatos, CA 95033
COMME~Y ON LANDSCAPE QUF~TIONS AT TI{E PRUNEYARD
SHOPPING CENTER
CAMPBELL
Prepare~l at tho R~uest oE
Julia Oamia
1999 S. Bascom Ave. Suite 200
CampbelL, CA 95008
Site Visit by:
Barri¢D. Coate
Consulting Arborist
August 14 & 24, 2001
Job #01-99-015-01
European Olives
The European olives on tlii.~ site were pruned by the in house priming staff for.many
years by merely stripping out increasing proportions of the inlmior canopy, i~s this
process produced increasing long, whip like growth, at some point the long limbs
wateralnouts. Thc current ~tim ~ of all of these tr~s is composed of
As a result, the only .management that could be practiced was to Imme the
watersprouts, which are now ten to fifteen years of age.
Olives in different sections of the project area have been pnmed in slightly different
ways but most of them have been Immed in this manner by merely raising the canopy
ever higher on these long poorly formed ~oms.
4
the pruning of the olives now begin the process of"crown
is a three-year process which begins by cutting watersprouts back to 2 feet +
long in February (photo 13). The m~es will produce wamrspmuts from those cUts.
stub-cut m~ .and those remmnmg sprouts cut to 2 feet long. During the 3 February,
those remaining sprouts are thinned and pruned to form a more normal rounded
~anopy. Once this is complc~xl, very little semi-annual pruning is needed.
Repruning will be necessary in thre~ to four years after the first crown restoration is
complete but only very seldom thegat~.
CITY ()F CAMPBELL
(:ommumtv I)evchDpmcn! Dep-~rtmcnt
Fcbruao'28. 1997
Mr. Christopher Mca. ny
Retail ProJect Director
William Wilson & AssoOates
1999 South Bascnm Avenue. Suite. 20o
Campbell. CA 95008
Dear Chns:
Wc are in receipt of your letter dated February 20, 1997 regardi~ designation of restaurant ~
approved under the master use pernut and site approval (UP 94-19/S 94-O~) for th~ Ptuneyard Center.
Alter reviewing your request and the r~staurant denFnations appros~xl either with tl~ master usc permit
and/or through Tenant Improvements, w~ r~cogniz~ th~ ~-a~_'~atioa of uait$134/136, curr~tly
occupied by Chabot Art Gallery, to unit q)a~ number 405 a~ a ~ ~1~. Al of lbo ~ of this letter
there are 16 restart spac~ that hav~ bo~ ick~tificd on tho all~l~,~(I $il~ I~ap, ~ aR a{iditioual
credit of 2 restaurants, (Barnes & Noble Caf~ and $~nson'$ - ~ ~) fo~ · ~ off i~ available
re$tauraRt spaces und¢~ the master usg permit a~ ~it~ ~ ,a~.. Wg ~ two ~ ~
spa-es for El Burro restaurant, en~ for each floor (i" and 2 ). Cunta~ our dooilal:~tati~ ~ that
16 re$tauram$ are eat&bll~ed at tl~ ~te. Two additiooai ~ ~ that al~ cunnmtly
undesignated, r~main available.
The list of currently active restaurants ts a follows:
!. El Burro (570/2570)
2. Polio P. cy (no unit number, in Barnes & N~le she, H)
3. Roc ,%ttom Brewery (730t~St"/40)
4. Left at Albuquerque (500)
5. Wrap Works (114)
6. Outba~ Steak, house (no unit ~-~ nmv pnd ~
7. Swensons (i 19)
8. Guidos (180/1900
9. lvlts. Fields Cookics 052)
10. Lisa's Tc~ Treasures 065)
l 1. Lc Boul~nger (440)
12. Barnes &Noblc Caf~ (333/145)
13. Campbell RoastiaS Company (112)
14. Boswcll's (10S)
15. Kyoto Palace (2500)
16. *Johnny Rockcts (* 405 kasedlxa not ia ogemioa)
70 North First Street · C~ampb~ll, Calilornil 95008.14:23 · TEl. 408.866,1130 · FAX 408.866.8381 · TIX) 408,866,2T~)0
Chn~epher Me. any - Pmncya.-d. ~ant De~oas
?age -2-
Two addiuonal re~laurant simces identified on thc master rite plan (Unit aumbevl $2~ & $30) havz been
reassigned to allow Lisa's Teas (unit #165) .nd Le=q at AFouquctxluc (in unit #~00 - Wgils Fargo). As
kno~, Left at Albuqucrquc also gceivcd approval ora condtt~mal usc permit for 1.1le hours p~t 11:00
p.m. full service of alcoholic beverages, and outdoor seating since that tenant spans was not miginally
idcnatied as a r~staurant io~ation.
Ple. asc feel frcc to call mc or Tim Halcy at (408) 866.2140 if you hav~ any questions.
Sinccrcly,
Dan~!
Senior
cc: Stcvc Piasecki, Community Development Director
administrative file
BARRIE D. CO, .[E
and ASSOCIATES
Horti cutuml Consultants
23535 Summit lRoad
Los ¢oatos, CA 95033
408/353-1052
Attachment #5
AN ASSESSMENT OF THE CHINESE ELM TREE IN THE PLANTER IN FRONT
OF THE CINEMA BUILDING AT THE PRUNEYARD SHOPPING CENTER
Prepared at the Request of:
Julie Garcia
Equity Office Properties
1999 S. Bascom Avenue Suite 200
Campbell, CA 95008
Site Visit by:
Barrie D. Coate
Consulting Arborist
April 17, 2002
Job #01-99-015-02
AN ASSESSMENT OF THE CHI1W ELM TREE IN THE PLANTER IN FRONT OF THE C~' ~' MA BUILDING AT THE
PRUNEYARD SHOPPING CENTE.
Assignment
I was asked to inspect the tree in the 8x12 foot raised planter in front of the Cinema
Building at the Pruneyard Shopping Center to determine, 1) what species of tree it is, 2)
whether it was rare or unusual, 3) what condition it is in.
Summary
The tree in question is a Chinese elm (Ulmus parvifolia) of 13-inch trunk diameter, 20
feet in height and approximately 45 feet in spread.
The tree is in excellent health, but its structure is composed of entirely long poorly
tapered limbs due to repeated overthinning of the interior of the canopy.
Discussion
The tree in question is a Chinese elm of excellent health but with a structure composed of
long poorly tapered limbs.
The tree could certainly be repruned to a structure less likely to experience broken limbs
if desired,
The tree could be transplanted if desired, and one of the large tree moving companies
such as I~alley Crest Tree Company or Trees of CalOCornia might be interested in
removing the tree, although I doubt they would pay you for it.
If this tree were to be purchased from a wholesale grower, it would be priced at around
$20,00O.
If it is to be transplanted into a box by one of the large tree movers the ideal time to do
that transplanting would be either during mid winter or August.
This tree is not unusual and as a matter of fact there are many other specimens of even
larger size of the same species throughout the landscape of this site.
Respectfully submitted,
Enclosures: Assumptions and Limiting Conditions
Pictures
BDC/sl
PREPARED BY: BARRIE D. COATE, CONSULTING ARBORIST APRIL 17, 2002
BARRIE D. 'OATE
Horticultural Consultants
408-353-:!.052
23535 Summit Road, Los Gatos, CA 95030
ASSUMPTIONS AND LIMITING CONDITIONS
1. Any legal description provided to the appraiser/consultant is assumed to be correct.
Any titles and ownerships to any property are assumed to be good and marketable.
No responsibility is assumed for matters legal in character nor is any opinion rendered as to the quality of any title.
2. It is assumed that any property is not in violation of any applicable codes, ordinances, statutes, or other governmental
regulations.
Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible;
however, the appraiser/consultant can neither guarantee nor be responsible for accuracy of information provided by
others.
4. The appraiser/consultant shall not be required to give testimony or to attend court by reason of this appraisal unless
subsequent written arrangements are made, including payment of an additional fee for services.
5. Loss or removal of any part of this report invalidates the entire appraisal/evaluation.
Possession of this report or'a copy thereof does not imply right of publication or use for any purpose by any other than
the person(s) to whom it is addressed without written consent of this appraiser/consultant.
Neither all nor any part of the contents of this report, nor copy thereof,shall be used for any purpose by anyone but the
client to whom it is addressed, without the prior written consent of the appraiser/consultant; nor shall it be conveyed by
anyone, including the client, to the public through advertising, public relations, news, sales or other media, without the
written consent and approval of the author; particularly as to value considerations, identity of the appraiser/consultant
or any professional society or institute or to any initialed designation conferred upon the appraiser/consultant as
stated in his/her qualifications.
This report and the values expressed herein represent the opinion of the appraiser/consultant, and the
appraiser's/consultant's fee is in no way contingent upon the reporting of a specified value nor upon any finding to be
re ported.
9. Sketches, diagrams, graphs, photos, etc. in this report, being intended as visual aids, are not necessarily to scale and
should not be construed as engineering reports or surveys.
10. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and
procedures, as recommended by the International Society of Arboriculture.
11. When applying any pesticide, fungicide or herbicide, always follow label instructions.
12.
No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects
which could only have been discovered by climbing. A full root collar inspection, consisting of excavating the soil
around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We
cannot take responsibility for any root defects which could only have been discovered by such an inspection.
107
San Jose o Los Gatos
OPEATIONS OF THE CAMERA CINEMAS PRUNEYARD
Camera Cinemas will be upgrading and improving the existing UA theatre in Campbell's Pruneyard
Shopping Center. A considerable investment is being made by both the Cameras and the landlord,
Equity Office Partners, to improve and expand the theatre.
Inside the new and modified Camera Cinemas at the Pmneyard will be a full concessions stand and Caf~
to service the movie patrons. The operation of the Cafe/concessions will be similar in scope to the
operations of the Cameras existing Cafe/concession combination at Camera 3 Cinemas in downtown
San Jose.
The theatre will be open daily, seven days a week, from approximately 11AM to 12 Midnight. It will
present a mixed program of first run features, combining both upscale commercial films with both "art,
foreign and independent" product. It is expected to draw over 350,000 people annually to the center.
We do not anticipate a problem with parking these patrons, as the new 750 space garage at the back of
the Pmneyard Shopping Center remains somewhat vacant most of the time, and especially during the
evenings and weekends when we will be experiencing the majority of our business. We also stagger our
films, which allows for exchange of parking spaces between those coming and going. And, our
improvements to the theatre are actually reducing the seat count from its previous level.
Employees will be working two short, split shifts, with approximated eight employees per shift. This
will vary somewhat depending on business, and time and day of the week.
P.O. Box 720728, San Jose, California 95172-0728 PH 408-998-3022 FX 408-294-3300
EMall: cameranet~aol.com Web Site: www.cameraclnemas.com