TR-2016-42.docx
OFFICE OF COMMUNITY DEVELOPMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
November 18, 2016
McDermott’s Tree Service
Attn: Warren Nakamura
PO Box 611897
San Jose, CA 95161
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2016-42
This letter confirms the decision of the Director of Community Development, given on November 18,
2016 approving a Tree Removal Permit to allow the removal and replacement of a dead approved
development trees within a Planned Residential Development, located in a common open area of the
Cupertino Village HOA.
Staff has made the finding that the protected tree is dead and cannot be controlled or remedied
through reasonable relocation or modification. The proposed replacement plan is consistent with the
Protected Tree Ordinance since the applicant is replacing the trees on site, and the number of
replacements is consistent with the ordinance. The finding is necessary to grant the tree removal
permit in accordance with section 14.18.180 (A) (1) and (3).
The application is approved with the following conditions:
APPROVED PROJECT
1.
This approval is based on the arborist report prepared by Warren Nakamura (#WE-5728A),
submitted September 28, 2016, consisting of three pages inclusive of a tree removal and replacement
site plan, except as may be amended by conditions in this resolution.
TREE REPLACEMENTS
2.
The required replacement trees are two 24-inch box trees of various species as listed in the arborist
report. 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. The replacement tree(s) shall be planted within 30 days of the
effective approval date of this tree removal permit.
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
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.
Sincerely,
Gian Paolo Martire
Associate Planner
(408) 777-3319
gianm@cupertino.org
CC: Community Management Services, Attn: Diana Johnson, 1935 Dry Creek Road Suite 203, Campbell, Ca
96008