PC Res 4639RESOLUTION NO. 4639 BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING AN APPEAL OF THE
COMMUNITY DEVELOPMENT DIRECTOR’S DENIAL OF A TREE REMOVAL PERMIT (PLN-2021-137) TO ALLOW THE REMOVAL OF ONE (1) REDWOOD TREE ON A PROPERTY LOCATED AT 1240 ABBOTT AVENUE IN THE R-1-9 (SINGLE-
FAMILY RESIDENTIAL) ZONING DISTRICT. 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 the recommended denial of file number PLN-2021-137: 1. The project site is zoned R-1-9 (Single-family Residential) as shown on the Campbell Zoning Map.
2. The project site is designated Low Density Residential (less than 4.5 units per gross acre) as shown on the Campbell General Plan Map.
3. The project site is currently a developed lot with a single-family residence.
4. The Redwood tree located on the property is a protected tree and requires approval of a Tree Removal Permit to remove.
5. The applicant submitted a Tree Removal Permit application (PLN-2021-137) on August
12, 2021 due to the perceived danger of the Redwood tree falling and causing damage to structures.
6. Monarch Consulting Arborists was hired by the City on September 7, 2021 to perform an evaluation of a Redwood tree. To summarize the report, the Redwood tree was
found to be in fair condition and these trees pose a low risk to people and a moderate risk to parked cars and the residence. The arborist report also states the Redwood tree is not diseased and the branch failure can be remediated by regular monitoring and maintenance.
7. On October 26, 2021, the Planning Department sent a notice informing the applicant
that the request was denied due to the inability to make the findings.
8. The applicant submitted an Appeal application on November 8, 2021 to request removal of one (1) Redwood tree due to safety concerns for peoples and property related to unusual storm events or extreme high winds.
9. Pursuant to Campbell Municipal Code (CMC) Section 21.32.080, approval of a Tree
Removal Permit may only be granted when at least one of the following findings can be made: 1) Diseased or Danger of Falling, 2) Structure Damage, 3) Utility Interference, 4) Overplanting, 5) Economic Enjoyment and Hardship.
Planning Commission Resolution No. 4639 Page 2 of 2 PLN-2021-137 ~ 1240 Abbott Ave.
Denying an Appeal of a Tree Removal Permit
a. Finding #1 (Diseased/Danger of Falling): The tree or trees are 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.
b. Finding #2 (Structure Damage): The tree or trees have caused or may imminently cause significant damage to the existing main structure(s) that cannot be controlled or remedied through reasonable modification of the tree’s root or branch structure.
c. Finding #3 (Utility Interference): The tree or trees have interfered with utility services
where such interference cannot be controlled or remedied through reasonable
modification/relocation of the utility services and/or reasonable modification of the tree’s root or branch structure.
d. Finding #4 (Overplanting): The tree(s) is crowding other protected tree(s) to the extent the removal is necessary to ensure the long-term viability of adjacent tree(s).
e. Finding #5 (Economic Enjoyment and Hardship): The retention of the tree(s)
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(s). 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 the foregoing findings of fact, the Planning Commission further finds and concludes that:
Tree Removal Permit Findings (CMC Sec. 21.32.080):
1. Finding #1 (Diseased/Danger of Falling) cannot be made because the Redwood tree is not diseased and the likelihood of branch failures are expected to occur, however, entire tree or trunk failure is rare.
2. Finding #2 (Structure Damage) cannot be made because the Redwood tree has not
caused significant damage to the existing main structure.
3. Finding #3 (Utility Interference) cannot be made because the Redwood tree is not located in close proximity to any known utilities.
4. Finding #4 (Overplanting) cannot be made because the Redwood tree is not crowding other protected trees as there are no other trees located within the drop line of the Redwood tree.
5. Finding #5 (Economic Enjoyment and Hardship) cannot be made because the Redwood tree does not restrict the economic enjoyment of the property or does not
Planning Commission Resolution No. 4639 Page 2 of 2 PLN-2021-137 ~ 1240 Abbott Ave.
Denying an Appeal of a Tree Removal Permit
create an unusual hardship as the property is a developed single-family residence with a typical lot size and of a configuration that is reflected in the surrounding properties. Furthermore, the retention of the Redwood tree does not restrict the property from being used as a single-family residence as the property can still be used as a single-
family residence without limiting the size or functionality of the backyard.
Environmental Findings (CMC Sec. 21.38.050):
6. The project is Statutorily Exempt under Section 15270(a) of the California Environment Quality Act (CEQA), pertaining to projects which a public agency rejects or
disapproves.
THEREFORE, BE IT RESOLVED that the Planning Commission denies an Appeal of the
Community Development Director’s denial of a Tree Removal Permit (PLN-2021-137) to remove one (1) Redwood Tree on property located at 1240 Abbott Avenue.
PASSED AND ADOPTED this 26th day of April 2022, by the following roll call vote:
AYES: Commissioners: Rivlin, Ching, Zisser, Buchbinder NOES: Commissioners: Kamkar ,Krey ABSENT: Commissioners: Ostrowski ABSTAIN: Commissioners:
APPROVED: Stuart Ching, Chair
ATTEST: Rob Eastwood, Secretary
Stuart Ching (Apr 17, 2023 20:51 PDT)
Resol 4639 ~ 1240 Abbott Ave Tree Appeal
Final Audit Report 2023-04-18
Created:2023-03-30
By:Selina Perez Aquino (selinap@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA98jg2PvP_Xelvajfk7xMZq3_O1Sowa0y
"Resol 4639 ~ 1240 Abbott Ave Tree Appeal" History
Document created by Selina Perez Aquino (selinap@campbellca.gov)
2023-03-30 - 10:27:45 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2023-03-30 - 10:28:07 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2023-04-13 - 7:46:10 PM GMT - Time Source: server
Document emailed to sching19@gmail.com for signature
2023-04-13 - 7:46:11 PM GMT
Email viewed by sching19@gmail.com
2023-04-18 - 3:48:23 AM GMT
Signer sching19@gmail.com entered name at signing as Stuart Ching
2023-04-18 - 3:51:05 AM GMT
Document e-signed by Stuart Ching (sching19@gmail.com)
Signature Date: 2023-04-18 - 3:51:07 AM GMT - Time Source: server
Agreement completed.
2023-04-18 - 3:51:07 AM GMT
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