REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Appeal of a decision by the Director of Community Development denying a TREE REMOVAL PERMIT for a 21-inch diameter Fruitless Pear tree in the front yard.
Location: 385 Redondo Terrace (APN: 165-46-025)
File #: PLNG-2025-0521
Zoning: R1.7/PD (Low-Medium Density Residential Zoning District with a Planned Development Combining District)
Applicant/Appellant/Owner: Kaye Suyama (applicant/appellant)/Kamayatsu-Peterson Erika L Trustee (owner)
Environmental Review: Categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Class 1) and 15304 (Class 4).
Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Low-Medium Density Residential
Existing Site Conditions: Two-story single-family home
Surrounding Land Uses: Two-story single-family homes
Issues: Appeal letter notes tree safety concerns
Staff Recommendation: Alternative 1: Deny the appeal and uphold the decision of the Director of Community Development to deny the Tree Removal Permit.
BACKGROUND
The applicant/appellant filed a Tree Removal Permit application on August 18, 2025 to remove one (1) Fruitless Pear tree located in the front yard, next to the driveway. The reason stated for the proposed removal was that the tree had outgrown the front yard and a large branch had recently fallen, with the potential for other branches to fall on neighboring properties and on the sidewalk. The subject lot size is 3,869 square feet and is currently developed with a two-story single-family home.
The City Arborist inspected the tree on August 25, 2025, and determined that its removal was not warranted. The City Arborist found the tree to be in good health and did not meet the City’s criteria for removal, which are described below. As such, the City Arborist recommended that the tree be preserved and that safety pruning be carried out by a certified arborist.
Under Sunnyvale Municipal Code Section 19.94.060, one of the following standards must be met for approval of a protected tree removal permit:
a) The tree is diseased or damaged;
b) The tree represents a potential hazard to people, structures or other trees;
c) The tree is in basically sound condition but restricts the owner's ability to enjoy the reasonable use or economic potential of the property, or unreasonably restricts an adjoining property owner's use or economic potential of the adjoining property. In the event this is the sole basis for the application, the following criteria shall be used to evaluate the application under this subsection:
1) The necessity of the requested removal to allow construction of improvements such as additions to existing buildings or incidental site amenities or to otherwise allow economic or reasonable enjoyment of property;
2) The topography of the land and the effect of the requested action on water retention and diversion or increased flow of surface water;
3) The approximate age of the tree relative to its average life span;
4) The potential effect of removal on soil erosion and stability where the tree is located;
5) Current and future visual screening potential;
6) The property has become over landscaped with trees so that they are too numerous, crowded, and unreasonably restricts the property owner's ability to use their land. In this event, selective removal can be approved in conjunction with acceptable arborist's practices;
7) The tree has outgrown its useful landscape value due to its inappropriate species, size and location, relative to the existing structures on the property;
8) Any other information the director of community development finds pertinent to the application.
Based on the City Arborist’s findings and report, the Director of Community Development subsequently denied the Tree Removal Permit and notified the applicant on the same day, August 25, 2025. Photos of the tree can be found in Attachment 5 and City Arborist tree assessment in Attachment 6.
The applicant/appellant appealed the Tree Removal Permit decision on September 1, 2025.
Previous Actions on the Site
There are no previous planning permit applications related to the project other than the original neighborhood development in 1993.
EXISTING POLICY
General Plan Community Vision
Citywide Vision Goal II. Attractive Community: To maintain and enhance the appearance of Sunnyvale, and to distinguish it from surrounding communities, through the promotion of high-quality architecture, the preservation of historic districts and structures, the maintenance of a healthy urban forest, and the provision of abundant and attractive open space.
General Plan Land Use and Transportation Element
Policy LT-2.3: Accelerate the planting of large canopy trees to increase tree coverage in Sunnyvale in order to add to the scenic beauty and walkability of the community; provide environmental benefits such as air quality improvements, wildlife habitat, and reduction of heat islands; and enhance the health, safety and welfare of residents.
Policy LT-2.4: Maintain and regularly review and update regulations and practices for the planting, protection, removal, replacement, and long-term management of large trees on private property and City-owned golf courses and parks.
Action LT-2.4a: Strictly enforce Chapters 13.16 City Trees and 19.94 Tree Preservation to prevent the unauthorized removal, irreversible damage, and pruning of large, protected trees.
Policy LT-2.5: Recognize the value of protected trees and heritage landmark trees (as defined in City ordinances) to the legacy, character, and livability of the community by expanding the designation and protection of large signature and native trees on private property and in City parks.
Urban Forest Management Plan
Goal 1: Increase tree canopy cover to maximize ecosystem benefits provided by the urban forest.
Objective 1.2: Promote conservation of existing public and private trees
Actions: Conduct education and outreach efforts to inform residents about the value of mature trees and City regulations related to trees.
ENVIRONMENTAL REVIEW
A Class 1 Categorical Exemption for Existing Facilities relieves this project from California Environmental Quality Act provisions (CEQA Guidelines Section 15301). Class 1 Categorical Exemptions consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Covered activities include, for example, the maintenance of existing landscaping, native growth, and water supply reservoirs. (Section 15301, subsection (h).) The project is also exempt from CEQA under the Class 4 Categorical Exemption in CEQA Guidelines Section 15304 (Minor Alterations to Land) as the tree proposed for removal is not a scenic tree.
DISCUSSION
Present Site Conditions
The existing site is located within a planned small-lot residential neighborhood, developed with a two-story single-family home. The subject Fruitless Pear tree is located in the front yard along with other landscaping and is several feet from the private sidewalk and street serving the neighborhood. Per Sunnyvale Municipal Code Section 19.94.030, protected trees are trees that have a circumference of 38 inches (12 inches in diameter) or greater, as measured 4.5 feet from the ground. The subject tree is 21 inches in diameter.
Appeal
The applicant/appellant is appealing the denial of the Tree Removal Permit for the following stated reasons:
1. The tree represents a danger to the property owner and adjacent neighbors if a limb breaks and falls, which can damage structures and vehicles, or injure people and pets. There are concerns that other branches can fall in winter storms, with high winds and heavy rain.
2. The tree has overgrown the front yard. The tree canopy encroaches over the property owner’s driveway, as well as the private sidewalk and street serving the neighborhood.
3. The Fruitless Pear species is noted for exhibiting structural weakness (limb breakage or splitting from seasonal winds) and can be invasive.
The appeal letter is found in Attachment 4.
The City Arborist confirmed that the tree is healthy and well-maintained, showing no signs of disease or damage. It has an estimated remaining life expectancy of 25 years. The tree can benefit from pruning to reduce its weight and improve its structural integrity by removing dead, diseased, or overcrowded branches. This pruning will also help thin the canopy, allowing for better light filtration and air circulation - both essential for the tree's health. Additionally, staff recommends applying a soil drench that includes fungicide and soil conditioner to enhance the soil structure. These measures can be implemented without jeopardizing the tree's health and will address concerns about potential limb breakage that could endanger people, pets, and property. Therefore, staff recommends that the appeal is denied and the Director of Community Development’s decision to deny the Tree Removal Permit is upheld.
In recent years, Fruitless Pear trees have exhibited invasive traits, enabling them to outcompete native plants, create food deserts for wildlife, and alter soil chemistry. While this plant is not banned in California, it is restricted in some other regions of the country, and it currently holds a "watch" rating.
Fiscal Impact
No fiscal impacts are expected.
Public Contact
Public contact was made by posting the Planning Commission meeting agenda on the City's official notice bulletin board at City Hall. In addition, the agenda and this report are available at the reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
The City sent 94 notices to surrounding property owners and residents within 300 feet of the subject site, in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper and on-site posting. As of the date of the staff report, staff has not received any letters, emails, or calls from the public.
ALTERNATIVES
1. Deny the appeal and uphold the decision of the Director of Community Development to deny the Tree Removal Permit based on the findings in Attachment 2.
2. Grant the appeal and approve the Tree Removal Permit based on a finding that the proposed removal meets one of the standards in SMC Section 19.94.060, and subject to the Recommended Conditions of Approval in Attachment 3.
3. Grant the appeal based on a finding that the proposed removal meets one of the standards in SMC Section 19.94.060, with modified Conditions of Approval.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Deny the appeal and uphold the decision of the Director of Community Development to deny the Tree Removal Permit.
JUSTIFICATION FOR RECOMMENDATION
The tree is in healthy condition and does not exhibit disease or hazardous conditions. The tree can benefit from pruning dead and crowded branches, which can improve the health and structural integrity of the tree. The subject tree adds to the beautification of the neighborhood.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
_X_ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Cindy Hom, Associate Planner
Reviewed by: George Schroeder, Principal Planner
Approved by: Shaunn Mendrin, Planning Officer
ATTACHMENTS
1. Vicinity and Noticing Map
2. Recommended Findings for Denial
3. Recommended Conditions of Approval if Appeal is Granted
4. Appeal Letter
5. Tree Photos
6. City Arborist Assessment