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REQUEST FOR A HERITAGE TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF ONE (1) VALLEY OAK TREE AT 7517 PARK WOODS DRIVE (APN 077-182-07) (HT26-0002)
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RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution:
1. Finding that the project is categorically exempt from the CEQA, pursuant to CEQA Guidelines Section 15304(b) (Minor Alterations to Land), since the project involves new gardening or landscaping and is compliant with Public Resources Code Section 21083.4 (Oak Woodlands Mitigation) through required tree replacement.
2. Approving a Heritage Tree Removal Permit for the removal of one (1) Valley Oak tree to eliminate damage caused and threatened to the property at 7517 Park Woods Drive in accordance with the findings and subject to the conditions found in the proposed resolution.
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Summary
On January 15, 2026, the applicant, Enrique Molina, submitted an application for the removal of a Heritage Oak Tree on his property addressed 7517 Park Woods Drive (Attachment A: Vicinity Map). Mr. Molina has recently acquired the property and is performing due diligence to resolve the damage caused and further threatened by the subject tree’s location in proximity to the house. The application was reviewed for completeness and contained the following supplemental documents (Attachment B: Application Materials):
• Site plan indicating the heritage oak tree to be removed
• Certified Arborist report
• Tree photographs
• Letter indicating homeowner’s insurance risk
On January 21, 2026, a 10-day public notice of pending Director’s action was mailed to the property owners within 300 feet of the property on which the tree is located. A member of the community who received the notice submitted a request on February 2, 2026, for a public hearing regarding the application (Attachment C). The community member cited “lack of alternatives to full tree removal” and “no engineering report proving structural damage” as the reasons substantiating a public hearing and rejection of the application for removal.
Discussion
The applicant indicated “proximity to existing structures” and “canceled homeowner’s insurance policy” as the reasons to substantiate the removal of the tree.
The arborist report prepared by ISA Certified Arborist Martin Garcia Villanueva identifies the subject tree as a Valley Oak Tree (Quercus lobata), which is a protected heritage tree recognized by the City of Stockton. The tree’s diameter measured 59.524 inches at the required height (24 inches above actual grade). Inspection of the canopy showed multiple significant signs of future potential danger and hazards, including naturally sheared-off limbs and overloaded limbs. The inspection noted an attempt to “cable” the tree for support to reduce the load of the cabled tree limb. This cabling was ultimately done incorrectly, which resulted in two choked tree limbs which have overgrown the cable. The choked limbs have an increased likelihood of failure, further threatening the safety and integrity of people and structures in proximity to the tree. Furthermore, the arborist described the damage caused and potential future damage due to the location of the tree. According to the arborist, the tree is planted too close to the roofline of the primary dwelling on the property. The tree’s root system can extend 2-3 times the size of its canopy, further threatening the house’s foundation and existing underground utilities.
Staff Analysis
Following the review of the application, the Director determined that granting the Heritage Tree permit is consistent with Stockton Municipal Code (SMC) Section 16.130.030(C)(1)(a-d). Pursuant to SMC Section 16.130.030(C)(2), a notice of intent to approve the removal of the heritage tree was sent to all nearby property owners within 300 feet. A request for public hearing was received by the Department within the 10-day noticing period, therefore a public hearing before the Planning Commission is required. The Planning Commission is now the review authority for the application.
The decision shall be based on the following facts:
a. The condition of the tree with respect to disease, danger of falling, proximity to existing or proposed structures, and interference with utility services;
As outlined in the Arborist Report, there is existing damage caused to the property and potential danger and damage posed by the current state of the tree. Furthermore, if the applicant’s insurance policy is canceled due to the tree not being removed, the ability for the homeowner to repair the home will be compromised.
b. The necessity to remove the tree in order to construct any proposed improvements, and the possibility of revising proposed tentative maps and improvement plans in order to save the trees;
The applicant submitted a letter from his homeowner’s insurance company specifically identifying the subject tree as a high-risk threat to the continuance of the policy. The dismissal of the homeowner’s insurance policy threatens the possibility of any future improvements to the property.
c. The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or increased flow of surface waters;
The grade/slope of the property is minimal, and the removal of the tree has been determined to have no effect on erosion, soil retention, diversion and flow of surface waters.
d. The number of similar trees existing in the vicinity.
Most of the properties along the entire length of Park Woods Drive have matured Heritage Oak Trees. The removal of the singular subject tree will not diminish the aesthetic quality of the neighborhood.
It is staff’s determination that the concerns raised by the nearby property owner do not change the facts related to the decision to approve the Heritage Tree Permit. The Certified Arborist report provides sufficient evidence that the subject tree is in danger of structural failure and has the potential for severe property damage. Further, the applicant’s homeowner’s insurance provider is also recommending the removal of the subject tree as they consider the tree to be “high risk.” The previous cabling of the subject tree was ultimately unsuccessful in preventing limb failure, and the Certified Arborist is recommending full removal.
Pursuant to SMC Section 16.130.060, any heritage tree that is removed or effectively removed shall be replaced on a three (3) for one (1) basis. The applicant has elected to fulfill the replanting condition by planting three (3) oak trees on his property in lieu of paying the fee for the Public Works Tree Division to plant in a public park.
Environmental Clearance
The proposed use is categorically exempt from CEQA analysis under CEQA Guidelines Section 15304(b) (Minor Alterations to Land), since the project involves new gardening or landscaping.
The project is also in compliance with Public Resources Code Section 21083.4 (Oak Woodlands Mitigation) which allows jurisdictions to mitigate the significant effects to oaks and oak woodlands by incorporating measures that include the replanting of trees. The Heritage Tree ordinance requires replanting of Heritage Oak Trees by a ratio of three to one, on or off-site. The applicant has elected to plant three (3) replacement oak trees on-site.
Public Comments
Notice for the Planning Commission public hearing for this request was published in The Record and were mailed to all property owners within a 300-foot radius on March 13, 2026. As of the writing of this staff report, no additional comments or requests for a public hearing have been submitted.
ATTACHMENTS
Attachment A - Vicinity Map
Attachment B - Heritage Tree Permit application materials
Attachment C - Letter to request a public hearing
This staff report was prepared by Sarah Bruce-Eisen, Assistant Planner, (209) 937-8574; Sarah.Bruce-Eisen@stocktonca.gov.