Tree Removal - Denied - 2011CITY of CAMPBELL
Community Development Department
August 12, 2011
Mary Ann Palmieri
cc/o East 17 HOA
113 Shelley Avenue
Campbell, CA 95008
Re: File No: PLN2011-178
Address: 111/115/153-165 Shelley Avenue
Application: Tree Removal Permit
Dear Ms. Palmieri:
The Campbell Planning Division has reviewed your July 13, 2011, Tree Removal Permit
application (PLN2011-178) for removal of three (3) Tree of Heaven trees located within the
common landscape area 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.
3. Economic E~oyment 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 trees from the
common area, the Community Development Department has deternlined that the required
findings for approval have not been met. Specifically, this request cited limb growth and
damage to fencing, hardscape, and adjacent irrigation. 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, irrigation, or hardscape must be dealt with in manner
that preserves the tree. Additionally, although the arborist expressed some concern regarding the
PLN2011-178 -- Tree Removal Permit
Page 2 of 2
trees' limb growth and potential for limb failure, the arborist found that the trees are u1
reasonable health. In other words, the trees are not irreparably diseased and potential damage
could be controlled through reasonable (yearly) pruning. Therefore, the application to remove
the subject trees is denied.
This decision is final unless appealed within ten calendar days following the date of decision, or
on or before 5:00 p.m. on August 22, 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, Plam~ing Manager