Loading...
Tree Removal - Denied - 2011CITY of CAMPBELL Community Development Department July 21, 2011 Kathy Robinson Charities Housing 1400 Parkmoor Ave. San Jose, CA 95126 Re: File No: PLN2011-162 Address: 825 S. San Tomas Aquino Road Application: Tree Removal Permit Action: DENIED Dear Ms. Robinson: The Campbell Planning Division has reviewed your Tree Removal Permit application (PLN2011-162) 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 Falline -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. 3. 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 an inspection of the property, the Community Development Director has determined that the required findings for approval have not been met. Specifically, this request cited (1) potential damage to a proposed building addition and (2) damage to existing hardscape. The Tree Protection Ordinance indicates that damage to existing or proposed buildings is cause for removal only when such damage cannot be remedied through reasonable "relocation or modification of the structure." The Community Development Director has determined that the PLN2011-162 ~ Tree Removal Permit Page 2 of 2 design of the planned expansion of the community center building can be reasonably modified to accommodate retention of the tree. Further, the Tree Protection Ordinance specifically identifies damage only to "main buildings" as cause for removal. Damage to other improvements, such as hardscape, must be dealt with in manner that preserves the tree. 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 August 1, ?011. 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) 866-2193 or via email at Ttniel Fama `' Assistant Planner cc: Paul Kermoyan, Planning Manager CITY of CAMPBELL Community Development Department July 5, 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 (PLN2011-162) for the removal of one (1) Coast Redwood tree measuring 34-inches in diameter, located near the community center building of the San Thomas Gardens community located at 825 S. San Tomas Aquino Road, proposed to be removed due to its proximity to a planned expansion of the community center building. If approved, removal of the trees is subject to the replanting requirement of the Campbell Municipal Code. This application will be decided by the Community Development Director and you have the opportunity to provide comment prior to the Director's decision. The ten-day comment period for this application begins on July 6, 2011 and ends July 18, 2011. Any comments regarding this application must be submitted in writing (including email) to the Planning Division before 5:00 p.m. on July 18, 2011. The Director will then consider all comments submitted within this time period prior to a decision. Decisions by the Community Development Director are final in 10 calendar days following the date of decision, 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. No additional notice will be provided. Please contact the project planner in a timely manner to determine what decision was reached. The Tree Removal Permit application and all associated documents may be viewed at the Planning Division office during normal business hours (8:00 AM - 5:00 PM). Questions or comments regarding this application may be addressed to Daniel Fama, Assistant Planner in the Community Development Department at (408) 866-2193 or by email at danielf@cityofcampbell.com.