TR-2017-25 Action Letter.docxMarch 28, 2018
Nancy Hurtienne
10144 Congress Place
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 -2017-25
This letter confirms the decision of the Director of Community Development, given on March 27, 2018
approving a Tree Removal Permit to allow the removal and replacement of one (1) Norway Maple (Acer
platanoides) measuring 11.8 -inches in DBH and one (1) European White Birch (Betula pendula)
measuring 6.5 -inches in DBH, located at 10230 Scenic Boulevard. The trees will be replaced by one (1)
24 -inch Smoke Tree (Cotinus coggygria) and one (1) 24 -inch Swamp Myrtle (Tristania laurina).
Staff has made the finding that the trees are in very poor health 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 and photographs of the subject trees, prepared
by Gil Mitchell (WE -0134A), dated June 13, 2017, consisting of three (3) pages, and a removal and a
replacement site plan prepared by the property owner, except as may be amended by conditions in
this resolution.
2. TREE REPLACEMENTS
The required replacement tree is one (1) 24 -inch box Smoke Tree (Cotinus coggygria) and one (1)
24 -inch box Swamp Myrtle (Tristania laurina) 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.
Commons of Cupertino
TR -2017-25
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:OOpm). 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,
Jeffrey Tsumura
Planning Division
(408) 777-1356
jeffreymt@cupertino.org