TR-2017-16 Action Letter.pdf
May 22, 2017
NTERRA Group
Attn: Bryan Carrera
1155 N. 1st Street, Suite 214
San Jose, CA 95112
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2017-16
This letter confirms the decision of the Director of Community Development, given on May 222, 2017
approving a Tree Removal Permit to allow the removal and replacement of two (2) London Planes
measuring 5-inches DBH, located at 19333 Vallco Parkway. The trees will be replaced by two (2) 36-inch
box London Plane trees.
Staff has made the finding 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. This findings is necessary to grant the tree
removal permit in accordance with Section 14.18.180 (A)(2) of the Protected Trees Ordinance.
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval is based on the certified arborist report prepared by Samuel Oakley (WE-9473A), dated
April 7, 2017, consisting of five (5) pages, except as may be amended by conditions in this resolution.
2. TREE REPLACEMENTS
The required replacement trees are two (2) 36-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.
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 trees.
The applicant shall also disclose the location and species of all replacements trees on site upon sale
of the property.
DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
Tree Removal Permit Action Letter Page 2
TR-2017-16
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file number TUP-2017-01 shall be applicable to this
approval.
5. 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,
Erick Serrano
Associate Planner
(408) 777-3205
ericks@cupertino.org