TR-2017-19 Action Letter.docx
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
May 18, 2017
Mark Thomas & Company, Inc.
ATTN: Richard Tanaka
20863 Stevens Creek Blvd.
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2017-19
This letter confirms the decision of the Director of Community Development, given on May 19, 2017
approving a Tree Removal Permit to allow the removal and replacement of four (4) Sequoia semperverens
(Coastal Redwoods), located at 10200 North Tantau Avenue.
Staff has made the finding 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 the approval
authority that there are no reasonable alternatives to preserve the tree(s). This finding 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 Glenn O. Whitlock-Reeve for West
Coast Arborists, dated April 12, 2017, consisting of seven (7) pages, and a replacement site plan,
except as may be amended by conditions in this resolution.
2. TREE REPLACEMENTS
The required replacement tree is four (4) 36” box Sequoia semperverens (Coastal Redwood) to be
planted on the subject property as detailed on the replacement plan. The replacement trees 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. If it is determined that it
is physically not feasible to plant the required replacement trees, the applicant may pay in-lieu fees
determined to be appropriate by the Community Development Director.
10200 North Tantau Avenue Page 2 of 2
TR-2017-19
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.
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,
Jeffrey Tsumura
Assistant Planner
(408) 777-1356
jeffreymt@cupertino.org
Enclosure: site plan
CC: Maria Trinh, PR Cupertino Gateway, LLC, 4 Embarcadero Center Floor #27, San Francisco, CA
94111
2