Tree Removal Permit - Denied - 2011CITY of CAMPBELL
Community Development Department
May 20, 2011
Jospeh Tersigni
1830 E. Hamilton Avenue
San Jose, CA 95125
Dr. Payam Tabrizi
1680 Grace Avenue
San Jose, CA 95125
Re: File No: PLN2011-115
Address: 1670 & 1680 Grace Avenue
Application: Tree Removal Permit
Dear Mr. Tersigni and Dr. Tabrizi:
The Campbell Planning Division has reviewed your Tree Removal Permit application
(PLN2011-115) for removal of one (1) Oak tree located on a shared side yard property line at the
above referenced properties. 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 the potential for
economic enjoyment and hardship due to damage to a property line fence and the impact of the
PLN2011-115 -Tree Removal Permit Page 2 of 2
tree on a favored location for a Jacuzzi 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, must be dealt with in manner that preserves the tree.
Additionally, your concerns regarding the cost of maintaining the tree in such a manner to not
impact a proposed a Jacuzzi in proximity of the tree does not constitute an economic hardship as
maintenance of vegetation on site is a component of home ownership. Lastly, the arborist report
submitted as part of the application recommended retention of the tree, with a specific
recommendation of proper maintenance and 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
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 (PLN2011-115)
for the removal of one (1) Oak tree measuring 28 inches in diameter located on a
shared property line at 1670 and 1680 Grace 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~a cityofcampbell.com.