TR-2016-34 Action Letter.pdf
DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY HALL
CUPERTINO, CA 95014-3255
(408) 777--planning@cupertino.org
November 7, 2016
Davey Tree Expert Co.
Gil Mitchell
1055 Commercial Court
San Jose, CA 95112
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER Application TR-2016-34
This letter confirms the decision of the Director of Community Development, given on November 7, 2016
approving a Tree Removal Permit to allow the removal and replacement of twenty-one dead or poor
health development trees located in various common areas of a Planned Residential Development
(Commons of Cupertino HOA). A certified Arborist, Gil Mitchell (WE-0134A) has surveyed the trees and
recommends their removal based on their poor health and structure.
Staff has made the finding that the tree or trees are irreversibly diseased, are in danger of falling, can
cause potential damage to existing or proposed essential structures, or interferes with private on-site
utility services and cannot be controlled or remedied through reasonable relocation or modification of
the structure or utility services; and that the trees are a detriment to the subject property and cannot be
adequately supported according to good urban forestry practices due to the overplanting or
overcrowding of trees on the subject property. These findings are necessary to grant the tree removal
permit in accordance with Section 14.18.180 (A)(1) and (3) of the Protected Trees Ordinance.
The application is approved with the following conditions:
APPROVED PROJECT
1.
This approval is based certified arborist report prepared by Gil Mitchell, dated October 6, 2016,
consisting of five pages, including a removal and a replacement site plan as prepared by the
applicant, except as may be amended by conditions in this resolution.
TREE REPLACEMENTS
2.
The required replacement trees are twenty-one (21) 24-inch box trees to be planted on the subject
property as detailed on the replacement plan. If it is determined that it is physically not feasible to
plant the required replacement tree the applicant may pay in-lieu fees determined to be appropriate
by the Community Development Director. The replacement tree shall be planted within thirty (30)
days of the tree removal. 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 trees have been planted.
Tree Removal Permit Action Letter Page 2
TR-2016-34
PROTECTED TREES
3.
The applicant understands that the replacement trees may not be removed without a Tree Removal
Permit and that they shall be responsible for ensuring the proper maintenance and care of the tree.
The applicant shall also disclose the location and species of all replacements 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.
Please note that an appeal of this decision may be made within 14 calendar days from the date of
this letter. If an appeal is filed, you will be notified of a public hearing, which will be scheduled
before the Planning Commission.
Sincerely,
Haleigh King
Assistant Planner
(408) 777-3313
haleighk@cupertino.org
Enclosure: site plan
CC: Commons of Cupertino HOA, Shashawna Ball, 1935 Dry Creek Road #203, Campbell, CA
95008