TR-2017-37 Action Letter_2.docx/
November 13, 2017
Bright View Tree Care Services
Attn: Brent Wahlberg
530 Aldo Ave.
San Jose, Ca 95054
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2017-37
This letter confirms the decision of the Director of Community Development, given on November 13, 2017 approving a Tree Removal Permit to allow the removal and replacement of three (3)
Pinus Canariensis measuring 12- 18-inches in DBH, located at 10072 Firwood Drive. The tree will be replaced by three (3) 24-inch box Acer buergerianum.
Staff has made the finding that the tree is irreversibly diseased, in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private
on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. This finding is necessary to grant
the tree removal permit in accordance with Section 14.18.180 (A)(1) of the Protected Trees Ordinance.
The application is approved with the following conditions:
APPROVED PROJECT
This approval is based on the certified arborist report prepared by Brent Wahlberg (WE-3276A), dated August 18, 2017, consisting of one page and a site plan, except as may be amended
by conditions in this resolution.
TREE REPLACEMENTS
The required replacement trees are three (3) 24-inch box trees to be planted on the subject property as detailed on the replacement plan. If it is determined that it is physically not
feasible to plant the required replacement tree the applicant may pay in-lieu fees determined to be appropriate by the Community Development Director. The replacement tree 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.
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.
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,
Gian Paolo Martire
Associate Planner
(408) 777-3319
gianm@cupertino.org
CC: Ronald Hamako, 10072 Firwood Dr, Cupertino Ca. 95014