TR-2017-23 Action Letter.pdf OFFICE OF COMMUNITY DEVELOPMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
C U P E RT I N O (408)777-3308• FAX(408)777-3333 • planninq(�.cupertino.ora
August 9, 2017
Martin Chiechi
1524 Padres Drive
San Jose, CA 95125
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2017-23
This letter confirms the decision of the Director of Community Development, given on August 9,
2017 approving a Tree Removal Permit to allow the removal and replacement of two (2) Pink
Ironbark (Eucalyptus sideroxylon) located next to an existing office building at 21625, 21627, and
21631 Stevens Creek Blvd.
Staff has made the finding that the location of the trees restrict 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 trees. 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 PROTECT
This approval is based on the certified arborist report prepared by Charles Wilson for Wilson
& Associates Landscape Architecture, dated June 11, 2016, consisting of two (2) pages, a
justification statement prepared by the applicant consisting of two (2) pages, photographs of
the subject trees, and a replacement site plan,except as may be amended by conditions in this
resolution.
2. TREE REPLACEMENTS
The required replacement trees are two (2) 36" box Atlas Cedars (Cedrus atlantica) 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 with 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 Director of
Community Development.
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 replacement
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 fourteen(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,
Erika Poveda
Planning Division
(408) 777-3257
erika�C cu�ertino.org