TR-2018-36 Action Letter.pdfCITY OF
IM
CUPERTINO
August 21, 2018
Tom Hoegel
Bethel Lutheran Church
10181 Finch Avenue
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 -2018-36
This letter confirms the decision of the Director of Community Development, given on
August 21, 2018 approving a Tree Removal Permit (TR -2018-36) to allow for the removal
and replacement of one (1) hazardous Allepo Pine measuring 42 -inches DBH, located at
Bethel Lutheran Church.
Staff has made the finding that the tree is 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 PROJECT
This approval is based on the certified arborist report prepared by Richard Smith (WE -
8745A), dated August 13, 2018, consisting of four (4) pages and a removal and a
replacement site plan, except as may be amended by conditions in this resolution.
10181 Finch Avenue
TR -2018-36
2. TREE REPLACEMENTS
Page 2 of 2
The required replacement tree is one (1) 36 -inch box Chinese Pistache 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.
Sincerely,
Erika Poveda
Assistant Planner
City of Cupertino
Enclosures:
Approved Plan Set