TR-2018-18 (dead) Action Letter_2.pdf
April 24, 2018
Arborwell
Attn: Samuel Oakley
2337 American Ave.
Hayward, CA 94545
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2018-18
This letter confirms the decision of the Director of Community Development, given on April 24, 2018,
approving a Tree Removal Permit to allow the removal and replacement of one (1) 16”-DBH Nichol’s
Willowleafed Peppermint (Eucalyptus nicholi) tree, Tree #1 in the arborist report, located at 10495 Bandley
Drive.
Staff has made the finding that the protected tree is dead (based on the definition provided in 14.18.020
of the City’s Protected Tree Ordinance), poses a hazard to the safety to persons or property, and cannot
be controlled or remedies through reasonable relocation or modification. The proposed replacement
plan is consistent with the Protected Tree Ordinance since the applicant is replacing the tree 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 July 28,
2017 and received April 23, 2018 consisting of six 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 trees either two (2) 24-inch box trees or one (1) 36-inch box tree. The
applicant has indicated that they will plant one (1) 36-inch Quercus spp. in the approximate location as
the tree being removed. 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 within 30 days of tree removals.
10495 Bandley Dr page 2 of 2
TR-2018-18
3. PROTECTED TREES
The applicant understands that replacement trees are protected trees and 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 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