TR-2017-13 Action Letter .pdf DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO,CA 95014-3255
C U P E RT I N O (408)777-3308 • FAX(408)777-3333 • ulanning@cupertino.org
Apri17, 2017
Leah Drake
Drake Design Associates
51 University Avenue Suite #I
Los Gatos, CA 95030
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2017-13
This letter confirms the decision of the Director of Community Development, given on April 7, 2017
approving a Tree removal permit to allow the removal and replacement of one (1) Coast Live Oak
(quercus agrifolia) tree at an existing vacant lot located at 10885 Miramonte Road (R1-10) (356 01 036).
The arborist report submitted by Ray Morneau (#WE-0132A) contains an assessment of the subject tree.
Mr. Morneau describes various structural defects of the tree including weak main branch attachments,
leaning foliage crown, poor scaffold branch taper and numerous sharp branch angles. Due to the new
construction on the subject property, the tree poses a risk to the property's residents and the nearby
ground disturbance will only further impact the integrity of the tree. In order to preserve the tree, the
construction would need to occur at least 40 feet away which would greatly restrict the feasibility of a
main dwelling on the existing vacant lot zoned R1-10.
The City has made the finding that the trees be removed in accordance with the City's Tree Ordinance,
Section 14.18.180 (A)(1) (2). Staff has made the finding that the tree is irreversibly diseased, are in danger
of falling, can cause potential damage to existing or proposed 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 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.
The application is approved with the following conditions:
1. APPROVED PROTECT
This approval is based on the removal and replacement plan set dated March 10, 2017, consisting of
three (3) pages, as prepared by Drake Design Associates and an arborist report consistent of four (4)
pages prepared by Ray Morneau (WE-0132A), except as may be amended by conditions in this
resolution.
Tree Removal Permit Action Letter Page 2
TR-2017-13
2. TREE REPLACEMENTS
The required replacement trees are two(2)24-inch box trees,or one (1)36-inch box trees to be planted
on the subject property. The applicant has indicated that a 36-inch Coast Live Oak will be planted on
site to satisfy this requirement. In addition, there are numerous 24-inch box trees being planted as
part of the new residential site development. 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(s)have been planted.
3. PROTECTED TREES
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.
4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
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,
Haleigh King
Assistant Planner
(408) 777-3313
halei ghk@cu�ertino.org
CC:Jim Zomorrodi, 1198 Starling Ridge Court, San Jose, CA 95120