TR-2016-45 Actionletter.docx
DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
February 6, 2017
Jackson Derler
HMH Landscape Architecture
1570 Oakland Road
San Jose, CA 95131
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2016-45
This letter confirms the decision of the Director of Community Development, given on February 6, 2017
approving a Tree removal permit to allow the removal and replacement of eight (8) trees located at 22499-
22445 Cupertino Roads, located within Sunny View Lutheran Home.
The City has made the finding that the trees be removed in accordance with the City’s Tree Ordinance,
Section 14.18.180 (A) (2). Staff has made the finding that the location of the trees restricts the economic
enjoyment of the property by severely limiting the use of property in a manner not typically experienced
by owners of similar zoned and situated property, and the applicant has demonstrated to the satisfaction
of the approval authority that there are no reasonable alternatives to preserve the trees.
The application is approved with the following conditions:
APPROVED PROJECT
1.
This approval is based on the removal and replacement plan set dated October 7, 2016, consisting of
23 pages, as prepared by the HMH Landscape Architecture, except as may be amended by conditions
in this resolution.
TREE REPLACEMENTS
2.
The required replacement trees are two (2) 36-inch box trees, and seven (7) 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.
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.
Tree Removal Permit Action Letter Page 2
TR-2016-45
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. Do NOT REMOVE THE TREE(S) until the end of the appeal period. If an appeal is
filed, you will be notified of a public hearing, which will be scheduled before the Planning
Commission.
Sincerely,
Erick Serrano
Associate Planner
(408) 777-3205
ericks@cupertino.org