TR-2017-43 Action Letter.pdfCUPERTINO
January 23, 2018
Benjamin Lee
11800 Upland Way
Cupertino, CA 95014
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR -2017-43
This letter confirms the decision of the Director of Community Development, given on January 23, 2018
approving a Retroactive Tree Removal Permit for the removal of two (2) protected Oak trees, located at
11800 Upland Way.
Staff has made the findings that the protected trees could cause potential damage to existing or proposed
essential structures and cannot be controlled or remedied through reasonable relocation or modification
of the structure; and that the mature specimen trees will be replaced by planting a replacement tree
and/or by contribution to the City's Tree Fund. An in -lieu fee payment has been made to the City's Tree
Fund based upon the purchase and installation cost of the replacement trees. The finding is necessary to
grant the tree removal permit in accordance with section 14.18.180 (A)(1), (A)(4), and (D) of the Protected
Trees Ordinance.
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval is based on the certified arborist report prepared by Simon Tunnicliffe (WE -7505A),
dated January 9, 2018, consisting of one (1) page, a justification statement prepared by the property
owner, and a site plan, except as may be amended by conditions in this resolution.
2. IN -LIEU TREE REPLACEMENT FEES
Based on the submitted arborist report, the Director of Community Development has determined
that it is physically infeasible to plant the required replacement trees on the subject site. Therefore
the tree replacement fee is the cost to procure and install the replacement trees at $1,800.00, which
the applicant paid on January 22, 2018, in accordance with the Protected Tree Ordinance, Section
14.18.160(B)(1).
3. 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
11800 Upland Way
TR -2017-43
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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,
Erika Poveda
Assistant Planner
Planning Division
(408) 777-3257
erikap@cupertino.org
Pa