Tree Removal - Denied - 2011CITY of CAMPBELL
Community Development Department
May 20, 2011
Mike and Kim Kagel
1088 E. Campbell Avenue
Campbell, CA 95008
Re: File No: PLN2011-100
Address: 1088 E. Campbell Avenue
Application: Tree Removal Permit
Dear Mr. and Mrs. Kagel:
The Campbell Planning Division has reviewed your Tree Removal Permit application
(PLN2011-100) for removal of one (1) Redwood tree located at the above referenced property.
Pursuant to Campbell Municipal Code Sec. 21.32.080, 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 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.
2. 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.
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.
Based upon a review of the submittal documents and a visual inspection of the tree from the
public right-of--way, the Community Development Department has determined that the required
findings for approval have not been met. Specifically, this request cited damaged to backyard
concrete slabs caused by the subject tree as reason for removal. The Tree Protection Ordinance
specifically indicates only damage to "dwellings or other main buildings" as cause for removal.
Damage to other property, such as a fence or backyard concrete, must be dealt with in manner
that preserves the tree. Additionally, although the arborist expressed some concern regarding the
tree, the arborist found the tree is in reasonable health structurally. In other words, the tree is not
PLN2011-100 ~ Tree Removal Permit
Page 2 of 2
irreparably diseased and potential damage could be controlled through reasonable (yearly)
pruning. Therefore, the application to remove the subject tree is denied.
This decision is final unless appealed within ten calendar days following the date of decision, on
or before 5:00 p. m. on May 31 , 2011. An appeal must be made in writing to the City Clerk and
accompanied by a $200 appeal fee. Any decision not appealed within the ten-day period is final.
If you have any questions please do not hesitate to contact me at (408) 866-2142 or via email at
stevep@cityofcampbell. com.
Sincerely,
Steve Prosser
Associate Planner
cc: Paul Kermoyan, Planning Manager
70 North First Street • Campbell, CA 95008-1423 • Tet, (408) 866-2140 • Fax (408) 866-5140 • ~-n1n[L planning@cityofcampbell.com
CITY OF CAMPBELL
Community Development Department
May 6, 2011
NOTICE OF TREE REMOVAL PERMIT
APPLICATION
Notice is hereby given that the Community Development Department of the City of
Campbell has received an application for a Tree Removal Permit (PLN2011-100) for the
removal of one (1) Redwood tree measuring 36 inches in diameter located in the rear
yard of 1088 E. Campbell Avenue. If approved, removal of this tree is subject to the
replanting requirement of the Campbell Municipal Code.
The 10 day comment period for this application will begin on May 9, 2011, and end on
May 19, 2011. Any comments regarding this application must be submitted in writing to
the Planning Division before 5:00 p.m. on May 19, 2011 as a decision will be rendered
after this time. A copy of the Tree Removal Application, and all associated documents,
are available for review from 8:00 a.m. to 5:00 p.m. at the Community Development
Department, City Hall, 70 North First Street, Campbell, California.
Decisions by the Community Development Director are final in 10 calendar days
following the date of approval, unless an appeal is received in writing at the City of
Campbell City Clerk's Office, 70 N. First Street, Campbell, prior to the end of the appeal
period. A written appeal must be accompanied with the required $200 appeal filing fee.
Questions or comments regarding this application may be addressed to Steve Prosser,
Associate Planner, in the Community Development Department at (408) 866-2142 or
via email at stevep cityofcampbell.com.