TR-2017-31 Action Letter.docx/
September 21, 2017
A-Plus Tree
Attn: Sarah Gaskin
1900 Bates Avenue L
Concord, CA 94520
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2017-31
This letter confirms the decision of the Director of Community Development, given on September 21, 2017 approving a Tree Removal Permit to allow for the removal of eleven (11) Red Ironbark
Eucalyptus trees and the replacement with 22 24-inch box trees within a Planned Development Zone, located at 10159 South Blaney Avenue.
Staff has made the findings that the location of the protected tree(s) are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices
due to the overplanting or overcrowding of trees on the subject property. 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)
(3).
The application is approved with the following conditions:
APPROVED PROJECT
This approval is based on the arborist report prepared by Sarah Gaskin (WE-9519A), dated revised August 31, 2017, consisting of seventeen (17) pages inclusive of a removal and a replacement
site plan, except as may be amended by conditions in this resolution.
TREE REPLACEMENTS
The required replacement trees are twenty-two (22) 24-inch box trees to be planted on the subject property as detailed in the arborist report and on the replacement plan. 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. The
replacement trees shall be planted within thirty (30) days of the tree removals. 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.
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.
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,
Ellen Yau
Assistant Planner
(408) 777-1360
elleny@cupertino.org
Enclosed: Site and Replacement Plan
CC: Biltmore Apts., Attn: Tim Nash, 1900 South Norfolk Avenue, San Mateo, CA 94403