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TR-2016-47 (Hazardous) Actionletter.pdf
DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY HALL
CUPERTINO, CA 95014-3255
(408) 777--planning@cupertino.org
October 31, 2016
Alison and Michael Pollack
10475 San Fernando Avenue
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER Application TR-2016-47
This letter confirms the decision of the Director of Community Development, given on October 31, 2016
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approving a Tree Removal Permit to allow the removal and replacement of a hazardous
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(Coast Live Oak), located at 10475 San Fernando Avenue.
Staff has made the finding that the protected tree is irreversibly diseased, in danger of falling, and
can cause potential damage to existing or proposed essential structures. The proposed replacement
plan is consistent with the Protected Tree Ordinance since the applicant is replacing the tree on site,
and the number of replacement is consistent with the ordinance. The finding is necessary to grant the
tree removal permit in accordance with section 14.18.180 (A) (1).
The application is approved with the following conditions:
APPROVED PROJECT
1.
This approval is based on the arborist report prepared by Chris Regan (#WE-6897A), dated October
12, 2016, consisting of two pages including photos of the subject tree, except as may be amended by
conditions in this resolution.
2.TREE REPLACEMENT
The required replacement tree is one (1) 36-inch box or two (2) 24-inch box trees. The applicant has
indicated that they will plant one (1) 36-inch box native oak species in one of two locations as
indicated on the site plan. The applicant shall provide the Department of Community Development
adequate documentation, including but not limited to photographs, receipts or invoices, to verify
that the replacement tree has been planted within 30 days of tree removal.
PROTECTED TREES
3.
The applicant understands that replacement trees are protected trees and may not be removed
without a Tree Removal Permit and that they shall be responsible for ensuring the proper
maintenance and care of the trees. The applicant shall also disclose the location and species of all
replacement and protected trees on site upon sale of the property.
NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
4.
The conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and
a description of the dedications, reservations, and other exactions. You are hereby notified that the
90-day approval period in which you may protest these fees, dedications, reservations, and other
exaction, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within
this 90-day period complying with all of the requirements of Section 66020, you will be legally barred
from later challenging such exactions.
Sincerely,
Haleigh King
Assistant Planner
(408) 777-3313
haleighk@cupertino.org
cc: Chris Regan (WE-6897A), S. P. McClenahan Co., Inc, 1 Arastradero Road, Portola Valley, CA,
94028