TR-2018-29 Action Letter.docxCITY OF
IM
CUPERTINO
September 4, 2018
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
Oscar's Expert Tree Service, Inc.
Attn: Robert Wilson
3523 Cedar Flat Ct
San Jose, CA 95127
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR -2018-29
This letter confirms the decision of the Director of Community Development, given on
August 29, 2018 approving a Tree Removal Permit (TR -2018-29) to allow for the removal
and replacement of one (1) hazardous Coast Live Oak measuring 36 -inches DBH, located
at 855 Brent Drive.
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 PROTECT
This approval is based on the application, with attachments, dated July 9, 2018,
consisting of eight (8) pages and a removal and a replacement site plan, except as may
be amended by conditions in this resolution.
2. TREE REPLACEMENTS
The required replacement tree is one (1) 36 -inch box tree 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.
855 Brent Avenue
TR -2018-29
Page 2 of 2
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,
Gian Paolo Martire
Associate Planner
City of Cupertino
Enc: site removal and replacement plan
CC: Paul or Rinko Donahue, 855 Brent Dr. Cupertino Ca. 95014