TR-2017-09 Action Letter.pdf DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO,CA 95014-3255
C U P E RT I N 0 (408)777-3308 • FAX(408)777-3333 • �lanning@cupertino.org
August 22, 2017
Todd Dewell
15 Southgate Avenue, Suite 201
Daly City, CA 94014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2017-09
This letter confirms the decision of the Director of Community Development, given August 22, 2017,
approving a Tree Removal Permit to allow for the removal of 17 development trees of varying size and
species with the replacement of 18 24-inch box trees of varying species at 10869 North Wolfe Road
(Cupertino Village).
Staff has made the finding that the protected trees are restricting 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).The proposed replacement plan
is consistent with the Protected Tree Ordinance since the applicant is replacing the trees on site, and the
number of replacements is consistent with the ordinance. The finding is necessary to grant the tree
removal permit in accordance with section 14.18.180 (A) (1).
The application is approved with the following conditions:
1. APPROVED PRO,TECT
The approval is based on the plan set entitled "Cupertino Village Redevelopment", dated October
23, 2016, consisting of six (6) pages that includes the removal and replacement plan, except as may
be amended by conditions in this resolution.
2. TREE REPLACEMENT
The required replacement trees are two(2)24-inch box Fraxinus Angustifolia, six(6)Acer Palmatum,
five (5) Quercus Agrifolia, and five (5) Quercus Lobata. The replacement trees will be located in
accordance to the replacement plan. 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 has been planted within 30 days of tree removal.
3. PROTECTED TREES
The applicant understands that replacement trees are protected trees and 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 and protected trees on site upon sale of the property.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no.. DIR-2017-02 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.
Sincerely,
Erick Serrano
Associate Planner
(408) 777-3205
ericks@cu�ertino.org
Enclosed: Site and Replacement Plan