TR-2018-15 Action Letter.pdfCITY OF
IM
CUPERTINO
May 23, 2018
Shupin Mao
20234 Northglen Square
Cupertino, CA 95014
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER — Application TR -2018-15
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) Coast Live Oak tree 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 protected tree is a detriment to the subject property and cannot be
adequately supported according to good urban forestry practices due to the overplanting or overcrowding
of trees on the subject property. 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 Juan Davila (WE -9595-A), submitted
April 5, 2018, consisting of eight (8) pages including photos and a site plan, except as may be amended
by conditions in this resolution.
2. IN -LIEU TREE REPLACEMENT FEES
The Director of Community Development has determined that it is physically infeasible to plant the
two 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 $380 of which the
applicant has to pay by June 6, 2018 in accordance with the Protected Tree Ordinance, Section
14.18160(B)(1).
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 (Wednesday, June 6, 2018 at 5:OOpm). 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,
Gian Paolo Martire
Associate Planner
(408) 777-3319
gianm@cupertino.org