TR-2018-08 Action Letter.pdfCITY OF
CUPERTINO
May 17, 2018
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300TORRE AVENUE • CUPERTINO, CA 950143255
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 -2018-08
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 three (3) Liquidambar trees in
a Planned Development Residential Cluster located within The Cupertino Roundtree complex located
west of S. Stelling Road off Noble Fir Court.
Staff has made the finding that the location of the trees restricts the economic enjoyment of the property
by severely limiting the use of property in a manner not typically experienced by owners of similarly
zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval
authority that there are no reasonable alternatives to preserve the trees. This finding is necessary to grant
the tree removal permit in accordance with Section 14.18.180 (A)(2) 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 prepared by Warren Nakamura (WE -5728A),
dated February 12, 2018, consisting of five (5) pages including a removal and a replacement site plan,
and a Homeowner's Association approval letter consisting of one (1) page, except as may be amended
by conditions in this resolution.
2. TREE REPLACEMENTS
The required replacement trees are one (1) 24 -inch box Greenspire Littleleaf Linden (Tilia cordata
'Greenspire), three (3) 24 -inch box Brisbane Box (Lophostemon confertus), and two (2) 24 -inch box Eastern
Redbud (Cercis canadensis) to be planted on the subject property as detailed on the replacement plan.
The replacement trees shall be planted within thirty (30) days of the tree removals. 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. 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.
Please note that an appeal of this decision may be made within fourteen (14) calendar days from
the date of this letter (Thursday, May 31, 2018 at 5:00pm). Do NOT REMOVE THE TREES 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,
Ellen Yau
Assistant Planner
(408) 777-1360
elleny@cupertino.org
cc: Diana Johnson,1935 Dry Creek Road #203, Campbell, CA 95008