TR-2018-10 Action Letter_2.docxCITY OF
IM
CUPERTINO
May 8, 2018
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
Northwest Landscape Maintenance Company
Attn: Warren Nakamura
283 Kinney Drive
San Jose, CA 95112
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR -2018-10
This letter confirms the decision of the Director of Community Development, given on April 30, 2018
approving a Tree Removal Permit to allow the removal and replacement of seven (7) Eucalyptus trees in
a Planned Development Residential Cluster located within The Cupertino Village Condominium complex
located along the main access driveway of Lazaneo Drive.
Staff has made the finding that the trees are 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 PROTECT
This approval is based on the certified arborist report prepared by Warren Nakamura (WE -5728A),
dated February 23, 2018, consisting of one (1) page, an addendum to the arborist report, dated March
26, 2018, consisting of one (1) page, a tree inventory, removal and a replacement site plan, and
photographs of the subject tree, except as may be amended by conditions in this resolution.
2. TREE REPLACEMENTS
The required replacement trees are two (2) 24 -inch box Lavender Crape Myrtle (Lagerstroemia
'Muskogee'), one (1) Plum (Prunus cerasifera 'Krauter vesuvius'), and ten (10) Sweet Bay (Laurus
nobilis) 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.
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.
Staff received a comment from a homeowner behind the subject property at 10164 Miner Place
requesting that the replacement tree closest to her property be moved closer to the north to allow for
more sunlight onto her planter boxes. The applicant agreed to accommodate this request.
Please note that an appeal of this decision may be made within fourteen (14) calendar days from
the date of this letter (Tuesday, March 22, 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,
Jeffrey Tsumura
Planning Division
(408) 777-1356
cc: Diana Johnson, 1935 Dry Creek Road #203, Campbell, CA 95008
Kathryn Langemak, 10164 Miner Place, Cupertino, CA 95014