TR-2017-17 Action Letter.pdf COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO,CA 95014-3255
C U P E RT 1 N O (408)777-3308 • FAX(408)777-3333
May 19, 2017
Scott Moreau (Prime Electric)
6905 Sierra Court
Dublin, CA 94565
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2017-17
This letter confirms the decision of fl1e Director of Community Development, given on May 19, 2017
approving a Tree Removal Permit to allow the removal and replacement of one (1) Pinus halepensis
(Aleppo Pine)measurulg 20-utches u1 DBH,located at 1 Hlfinite Loop.
Staff has made the fuld'u1g that the location of the tree restricts the economic enjoyment of the property
by severely limiting the use of property in a manner not typically experienced by owners of similarly
zoned and situated property, and the applicant has demonstrated to the satisfaction of fl1e approval
authority that there are no reasonable alternatives to preserve the tree(s). These findings are required to
grant the tree reinoval permit uz accordance with Section 14.18.180 (A)(2) of the Protected Trees
Ordinance.
The application is a�proved wifll the following conditions:
1. APPROVED PROTECT
This approval is based on the certified arborist report prepared by Sainuel Oakley(WE-9474A),dated
March 29, 2017, consisting of four(4)pages, ulclud'u1g a reinoval and a replaceinent site plan, except
as may be amended by conditions u1 this resolution.
2. TREE REPLACEMENTS
The required replacement tree is one(1) 36"Uox native oak(Quercus sppJ to be planted on fl1e
subject property as detailed on the replacement plan. The replacement trees shall Ue planted wifllin
fllirty (30) days of the tree removal. The applicant shall provide adequate documentation to the
Departrnent of Commtulity Development,includ'u1g but not lunited to photographs, receiyts or
invoices,to verify that the replacement trees have Ueen planted. If it is deterinined that it is
physically not feasible to plant the required re�lacement trees,the applicant may pay in-lieu fees
deterinuled to be appropriate Uy the Coinmunity Developinent Director.
3. PROTECTED TREES
T'he applicant tulderstands that fl1e replacement trees shall not be removed without a Tree Removal
Permit and that flley shall be responsiUle for ensurulg the proper maintenance and care of the trees.
1 Infinite Loop Page Z of 2
TR-2017-17
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 hereul may include certaul fees, dedication
requirements, reservarion requirements, and other exactions. Pursuant to Goverrunent 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 ofller 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 wiflz all of the requirements of Section 66020,you will Ue 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,by 5:00 p.m. on June 2, 2017. 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,
Ellen Yau
Assistant Planner
(408)777-1360
elleiry@cupertino.org
Enclosure: site plan
CC:Demetri Gonzalez, 1 �ilfu�ite Loop, MS 119-DDC, Cu�ertino, CA 95014
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