TR-2018-17 Action Letter.docxMay 15, 2018
Bay Area Tree Specialists
Attn: Larry Van Groningen
541 W. Capital Expwy. #287
San Jose, CA 95136
DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR -2018-17
This letter confirms the decision of the Director of Community Development, given on May 15, 2018,
approving a Tree Removal Permit to allow the removal and replacement of one (1) 20"-DBH Quercus
Agrifolia (Coast Live Oak) tree, located at 910 Old Town Ct.
Staff has made the finding that the trees are irreversibly diseased, are in danger of falling, can cause
potential damage to existing or proposed essential structures, or interfere 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 arborist report prepared by Larry Van Gronigen (WE -9151A), dated
April 9, 2018 and received May 10, 2018 consisting of twelve 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 two (2) 24 -inch box trees. The applicant has indicated that they will
plant one (1) 24 -inch box Olea europaea 'Wilsonii' tree in approximately the same location as the
removed tree and pay the in -lieu fee for the second 24 -inch box tree requirement. 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. IN -LIEU TREE REPLACEMENT FEES
The Director of Community Development has determined that it is physically infeasible to plant one
of the two required 24 -inch box replacement trees on the subject site. Therefore the tree replacement
910 Old Town Ct.
TR -2018-17
fee is the cost to procure and install the replacement tree at $450 of which the applicant has paid on
May 10, 2018 in accordance with the Protected Tree Ordinance, Section 14.18160(B)(1).
4. PROTECTED TREES
The applicant understands that the 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 care of the tree. The applicant shall also disclose the location and species of all
replacement and protected trees on site upon sale of the property.
5. 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,
Ellen Yau
Assistant Planner
(408) 777-1360
elleny@cupertino.org
CC: Hong Qiang Zhao, 910 Old Town Court, Cupertino, CA 95014
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