TR-2018-07 (dead) Action Letter.pdf
February 13, 2017
Samuel Oakley
2337 American Ave.
Hayward, CA 94545
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2018-07
This letter confirms the decision of the Director of Community Development, given on February 13,
2018, approving a Tree Removal Permit to allow the removal and replacement of one (1) dead 6”-DBH
White Birch tree, located in a Planned Development zoned property located at 22683 10431 N. De Anza
Blvd.
Staff has made the finding that the protected trees are dead (based on the definition provided in
14.18.020 of the City’s Protected Tree Ordinance), poses a hazard to the safety of persons or property,
and cannot be controlled or remedied through reasonable relocation or modification. 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) (1).
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval is based on the arborist report prepared by Samuel Oakley (WE-9474A), dated January
16, 2018 and received January 25, 2018, consisting of four pages including a removal and a
replacement site plan, except as may be amended by conditions in this resolution.
2. TREE REPLACEMENT
The required replacement tree is one (1) 36-inch box. The applicant has indicated that they will plant
one (1) 36-inch box species in approximately the same location as the removed tree. 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
within 30 days of tree removal.
3. PROTECTED TREES
The applicant understands that replacement tree is a protected tree and may not be removed without
a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and
DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
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 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.
Sincerely,
Erick Serrano
Associate Planner
(408) 777-3205
ericks@cupertino.org