TR-2018-40 (dead) Action Letter.docxCITY OF
IM
CUPERTINO
September 20, 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
Pacifica Suites Owners Association
Attn: Jon Rohde
20395 Pacifica Dr. #108
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER — Application TR -2018-40
This letter confirms the decision of the Director of Community Development, given on September 20,
2018, approving a Tree Removal Permit to allow the removal and replacement of one (1) 11"-DBH
Chinese Pistache (Pistacia chincnsis) tree, located at 20395 Pacifica Dr.
Staff has made the finding that the protected tree poses a hazard to the safety to persons or property,
and cannot be controlled or remedies through reasonable relocation or modification. The proposed
replacement plan is consistent with the Protected Tree Ordinance since the applicant is replacing the
tree on site, and the number of replacements is consistent with the ordinance. The finding is necessary
to grant the tree removal permit in accordance with Section 14.18.180 (A) (1).
The application is approved with the following conditions:
1. APPROVED PROTECT
This approval is based on the arborist report prepared by Sean Curry (WE -10636A) of Curry Brothers
Tree Care dated February 21, 2017 consisting of four (4) pages, including a removal and a replacement
site plan, except as may be amended by conditions in this resolution.
2. TREE REPLACEMENT
The required replacement trees either two (2) 24 -inch box trees or one (1) 36 -inch box tree. The
applicant has indicated that they will plant two (2) 24 -inch box trees of similar species and/or size in
the approximate location(s) indicated on the replacement plan. 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 within 30
days of tree removals. 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.
20395 Pacifica Dr
TR -2018-40
3. PROTECTED TREES
page 2 of 2
The applicant understands that replacement trees are protected trees 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 trees. The applicant shall also disclose the location and species of all replacement and
protected trees on site upon sale of the property.
3. 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
(408) 777-3319
gianm@cupertino.org