TR-2017-40 Action Letter.docxMay 22, 2018
Davey Tree Expert Co.
Attn: Brent Swan
1055 Commercial Court
San Jose, CA 95112
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 -2017-40
This letter confirms the decision of the Director of Community Development, given on May 22, 2018,
approving a Tree Removal Permit to allow the removal of four (4) Sweetgum (Liquidamber formosana) and
replacement with three (3) Trident Maple (Acer buergerianum), located at 20100 Stevens Creek Boulevard.
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 PROJECT
This approval is based on the arborist report prepared by Brent Swan (WE -0785A), dated July 19,
2017, consisting of four pages including photographs and a site plan, and a supplemental report
dated November 30, 2017, including a replacement plan, except as may be amended by conditions in
this resolution.
2. TREE REPLACEMENT
The required replacement tree is eight (8) 24 -inch box trees. The applicant has indicated that they will
plant three (3) 24 -inch box Trident Maple (Acer buergerianum) in approximately the same location as
the removed trees and pay the in -lieu fee for the five remaining 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.
20100 Stevens Creek Boulevard
TR -2017-40
3. IN -LIEU TREE REPLACEMENT FEES
The Director of Community Development has determined that it is physically infeasible to plant the
remaining five required 24 -inch box replacement trees on the subject site due to site area limitations.
Therefore the tree replacement fee is the cost to procure and install the replacement tree at $2,250 of
which the applicant has paid on May 18, 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,
Jeffrey Tsumura
Assistant Planner
(408) 777-1356
jeffreymt@cupertino.org
CC: Yolanda Faile, 530 Showers Drive, Suite 7-318, Mountain View, CA 94040
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