Tree Removal Permit - Denied - 2011CITY of CAMPBELL
Community Development Department
May 6, 2011
Matt Dickinson
Arborwell Professional Tree Mgmt.
2337 American Ave.
Hayward, CA 94545
Re: File No: PLN2011-35
Address: 275 Union Avenue (The Commons Apartments)
Application: Tree Removal Permit
Action: PERMIT DENIED
Dear Mr. Dickinson:
The Campbell Planning Division has reviewed your Tree Removal Permit application
(PLN2011-35) for removal of nineteen (19) protected trees located at the above referenced
property. Based upon a review of the revised arborist report dated as received on March 21,
2011, an inspection of the property, and public comment provided to the City during the noticing
period, the Community Development Director has determined that:
Incidents of decay or damage have not been demonstrated to be uncontrollable or
irremediable through reasonable preservation and/or preventative procedures and
practices.
2. No evidentiary materials have been provided to substantiate purported danger of falling.
3. No evidentiary materials have been provided to substantiate purported substantial
damage to utility services or the foundations of existing main buildings.
4. Potential substantial damage to utility services or the foundations of existing main
buildings has not been demonstrated to be uncontrollable or irremediable through
reasonable relocation or modification of the structures or utility services..
5. Patios, sidewalks, curbs, driveways, asphalt surfaces, and carports, are not considered
"main buildings" in that they do not constitute the primary structures of the property.
6. Repairs to damaged patios, sidewalks, curbs, driveways, asphalt surfaces, and carports is
part of routine property management.
7. Regular maintenance of trees through periodic trimming and pruning is part of routine
property management.
PLN2011-35 ~ Tree Remo _._ i'ermit
Page 2 of 3
8. Regular maintenance of the property, including keeping the grounds clear of tree
droppings, is part of routine property management.
9. The cost of property repairs, insurance, and tree maintenance associated with the
retention of mature trees is part of routine property management and does not restrict the
economic enjoyment of the property.
10. The cost of property repairs, insurance, and tree maintenance associated with the
retention of mature trees is part of routine property management and is not an unusual
hardship that severely limits the use of the property in a manner not typically
experienced by owners of similarly zoned and situated properties.
11. There are reasonable alternatives to removal, including, but limited, to reasonable
preservation and/or preventative procedures and practices to ensure the ongoing health of
the trees, and reasonable relocation or modification of the structures or utility services.
12. The City received written comments from residents of the subject property in opposition
to the Tree Removal Permit application which emphasize the aesthetic and
environmental benefit of the trees proposed to be removed.
13. The intent of the administrative decision process is to ensure that interested individuals
and groups will be aware of proposals under consideration by the community
development director and so that they may offer input into the decision-making process.
14. In adopting tree protection regulations, the City of Campbell recognizes the substantial
aesthetic, environmental and economic importance of its tree population.
Based upon the foregoing findings of fact and pursuant to Campbell Municipal Code Sec. 21.32.080,
the Community Development further finds and concludes that:
1. The trees are not irreparably diseased and do not presents a danger of falling that could
not be controlled or remedied through reasonable preservation and/or preventative
procedures and practices such that the public health or safety requires its removal.
2. The trees are not currently and will not potentially cause substantial damage to existing
or proposed main buildings (e.g., dwellings or other main buildings) or interfere with
utility services and that could not be controlled or remedied through reasonable
relocation or modification of the structure or utility services.
3. The retention of the trees does not restricts the economic enjoyment of the property or
create 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.
4. The applicant has not demonstrated to the satisfaction of the approval authority that there
are no reasonable alternatives to preserve the trees.
70 North First Street • Campbell, CA 95008-1423 • TES (408) 866-2140 • Fax (408) 866-5140 • e-tvt.a~L planning@cityofcampbell.com
PLN2011-35 ~ Tree Remoc___ i'ermit
Page 3 of 3
5. Action of the City to deny a Tree Removal Permit does not impose any liability upon the
City or upon any of its officers or employees, nor relieve the owner or occupant of any
private property from the duty to keep in safe condition any trees upon his/her property
or upon a public right-of--way over his/her property.
Based upon the foregoing conclusions of the Community Development Director, the application
for a Tree Removal Permit to allow removal of nineteen (19) protected trees is denied. This
decision is final unless appealed within ten calendar days following the date of decision, on or
before S: 00 p. m. on May 16, 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) 866-2193 or via email at
dani elf(a~,cityofcampbell. com.
Sincerely,
~~~ ~_~--
Daniel Fama
Assistant Planner
cc: Paul Kermoyan, Planning Manager
The Commons in c/o Essex Property Trust, 275 Union Ave., Campbell, CA 95008
70 North First Street • Campbell, CA 95008-1423 • 'rs1, (408) 866-2140 • FAx (408) 866-5140 • E-MAiL planning@cityofcampbell.com