TR-2017-45 Action Letter.pdf
February 22, 2018
John Ghashghai
10230 Scenic Boulevard
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2017-45
This letter confirms the decision of the Director of Community Development, given on February 22, 2018
approving a Tree Removal Permit to allow the removal and replacement of one (1) Live Oak Tree
measuring 23-inches in DBH, located at 10230 Scenic Boulevard. The tree will be replaced by one (1) 36-
inch box Japanese Maple (Acer palmatum).
Staff has made the finding that the tree is irreversibly diseased, is 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:
1. APPROVED PROJECT
This approval is based on the certified arborist report prepared by Scott Moncrieff (WE-10627A),
dated November 8, 2017, consisting of one (1) page, a removal and a replacement site plan prepared
by the property owner, consisting of one (1) page, and photographs of the subject tree, consisting of
two (2) pages, except as may be amended by conditions in this resolution.
2. TREE REPLACEMENTS
The required replacement tree is one (1) 36-inch box Japanese Maple (Acer palmatum) to be planted
on the subject property as detailed on the replacement plan. 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 tree has been planted. 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.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
10230 Scenic Boulevard Page 2 of 2
TR-2017-45
3. PROTECTED TREES
The applicant understands that the replacement tree may not be removed without a Tree Removal
Permit and that he/she shall be responsible for ensuring the proper maintenance and care of the tree .
The applicant shall also disclose the location and species of the replacement tree on site upon sale of
the property.
4. 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 fourteen (14) calendar days from
the date of this letter (Thursday, March 8, 2018 at 5:00pm). 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,
Erika Poveda
Planning Division
(408) 777-3257
erikap@cupertino.org