TR-2017-26 Signed Action Letter.pdf DEPARTMENT OF COr4MUIVITY DEVELOPn4ENT
CITY HALL
10300 TORRE AVENUE • CUPERTII��O,CA 95014-3255
C U P E RT 1 N O (408)ii 73308 • Fnx��os����-aa3a • p�a�,u,�c��perr�,o.or�
August 23, 2017
Thomas E Berns
10082 Firw�ood Drive
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERNIIT ACTION LETTER—Application TR-2017-26
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 hvo Canary Island Pine (Pinus cmmriensis)
���ithin a private back patio in a Plaruled Development Zone.
Staff has made the findings that the location of the trees restricts the economic enjoyment of the propert}�
by severely limiring 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 satisfacrion of the approval
authority that there are no reasonable alternarives to preserve the tree and that the protected tree(s) are
a detr'vnent to the subject property and cannotbe adequately supported according to good urban forestry
pracfices due to the overplanting or overcro�vding of trees on the subject property. The proposed
� replacement plan is consistent ���ith the Protected Tree Ordinance since the applicutt is replacing the
trees on site, and the number of replacements is consistent with the ordinance. The finding is necessary
to grant the tree reinoval permit in acwrdance with section 1418180 (A) (1) and (3).
The applicarion is approved with the follo�ving conditions:
1. APPROVED PROTECT
This approval is based on the certified arborist report prepared by Brent Wahlberg (#WE-3276A),
dated June 29,2017, consisting of one (1) page, four(4) pages of photographs, and a replacement site
plan consisting of one (1) page, except as inay be aznended Uy conditions in this resolution.
2. TREE REPLACEMENT
The required replacement are rivo 36-inch box Trident Maple (Acer buer�erinrzinr�) trees. The
replacement trees will be located in accordutce to the replacement plan.The applicant shall provide
the Department of Cominunity Developinent adequate documentaHon,including,but not]imited to,
photographs,receipts or invoices,to verify that the replacement tree has been planted�vithin 30 da��s
of tree removal.
3. PROTECTED TREES
The applicant understands that replacement riees are protected trees and may not be removed
vvithout a Tree Removal Permit and that they shall be responsible for ensuring the proper
inaintenance 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. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The conditions of Project Approval set forth herein ma}� include certain fees, dedication
requirements, reservation requireinents, and other exacrions. 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, reservarions, and other exactions. You are hereby notified that the
90-day approval period in which }�ou may protest these fees, dedications, reservations, and other
exaction,pursuant to Government Code Section 66020(a),has begun.If}�ou fail to file a protest within
this 90-da}�period compl}�ing with all of the requirements of Section 66020,}'ou will be legally barred
from later challenging such exactions.
Sincerely, �
l�
Ellei�
Assistant Planne
(408) 777-1360
ellenv@cu�eritno.org
Enclosed: Site and Replacement Plan
CC: Brent Wahlberg, 530 Aldo Avenue, Santa Clara, CA 95054