Appeal of TRP - Denied - 2011CITY of CAMPBELL
Community Development Department
June 30, 2011
Mike and Kimberly Kagel
1088 E. Campbell Avenue
Campbell, CA 95008
Re: PLN2011-143 - 1088 E. Campbell Avenue -Denial of Appeal
Dear Applicants:
Please be advised that at its meeting of June 28, 2011, the Planning Commission adopted
Resolution No. 4028 denying the Appeal (PLN2011-143) and upholding the Administrative
Denial of a Tree Removal Permit (PLN2011-100) on the above referenced property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by
5 p.m. on Friday, July 8, 2011. The time within which judicial review of this action must be
sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless
another statute (such as California Government Code Section 65009 or some other
applicable provision) sets forth a more specific time period.
If you have any questions, do not hesitate to contact me at (408) 866-2140.
Sincerely,
Paul Kermoyan
Planning Manager
RESOLUTION NO. 4028
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING THE APPEAL (PLN2011-143) AND
UPHOLDING THE ADMINISTRATIVE DENIAL OF A TREE
REMOVAL PERMIT (PLN2011-100) TO REMOVE ONE 36-INCH
DIAMETER COASTAL REDWOOD TREE IN THE REAR YARD OF A
RESIDENTIAL PROPERTY LOCATED AT 1088 E. CAMPBELL
AVENUE IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL) ZONING
DISTRICT. FILE NO.: PLN2011-143.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as
follows with respect to application PLN2011-143:
Environmental Finding
1. The project qualifies as a Categorically Exempt project under Section 15304, Class 4 of
the California Environmental Quality Act (CEQA) pertaining to minor landscaping
changes.
Evidentiary Findings
1. The tree application describes the health of the tree as in reasonable health and the
arborist report does not identify that the tree is diseased.
2. The arborist report describes that the tree has caused damage to a private rear yard
cement patio and wooden good neighbor fence. However; no description has been
provided that relates the growth of these trees to damage of the main buildings or
interference with utilities.
3. The retention of the trees does not 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, as ongoing maintenance may be found as a normal and usual cost for a
property owner with a mature tree on site.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. Diseased: The tree is not irreparably diseased nor do they 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.
Planning Commission Resolution No. 4028
PLN2011-143 - 1088 E. Campbell Avenue -Denial of Appeal
Page 2
2. Potential Damage: The tree has uplifted a portion of a rear yard private cement patio
and wooden good neighbor fence, however, the request has not described that the tree
has caused substantial damage to existing or proposed main buildings (e.g., dwellings
or other main buildings) or interfere with utility services and that cannot be controlled or
remedied through reasonable relocation or modification of the structure or utility
services.
3. Economic Enjoyment and Hardship: The retention of the tree will not restrict 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 not
demonstrated to the satisfaction of the approval authority that there are no reasonable
alternatives to preserve the trees.
THEREFORE, BE IT RESOLVED that the Planning Commission denies the Appeal
(PLN2011-143) and upholds the Administrative Denial of a Tree Removal Permit
(PLN2011-100) to remove one 36-inch diameter Coastal Redwood Tree in the rear yard of
a residential property located at 1088 E. Campbell Avenue in an R-1-6 (Single Family
Residential) Zoning District.
PASSED AND ADOPTED this 28~h day of June, 2011, by the following roll call vote:
AYES: Commissioners: Alster, Brennan, Ebner, Gibbons and Resnikoff
NOES: Commissioners: Reynolds and Roseberry
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
~~ ~ ;
APPROVED: ~~~ [n~c.
Bob Roseberry, Chair
ATTEST:
Kirk einr hs, Secretary