TR-2018-32 Action Letter.docxCITY OF
IM
CUPERTINO
October 1, 2018
A Plus Tree, Inc
Attn: Kate Legros
3490 Buskirk Ave
Pleasant Hill, CA 94523
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 -2018-32
This letter confirms the decision of the Director of Community Development, given
October 1, 2018, approving a Tree Removal Permit to allow the removal of two (2) Silver
Maple (Acer saccharinum) trees at 7.8" and 8.7" DBH, located on 369-01-023 in a planned
development zone. The replacement trees will be two (2) 24 -inch box Silver Maple (Acer
saccharinum) trees.
Staff has made the finding that the protected 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)(2) of the Protected Trees Ordinance.
The application is approved with the following conditions:
1. APPROVED PROTECT
This approval for tree removal is based on information provided contained in the
arborist report including site removal and replacement plans. Approval is granted for
the removal of two trees indicated for removal on the property. Approval has not been
granted for the removal of any other Protected Trees.
2. TREE REPLACEMENTS
The required replacement tree is two (2) 24 -inch box species trees. The applicant has
indicated that they will plant two (2) 24 -inch box Silver Maple (Acer saccharinum) trees
in the same location as the removed trees. The applicant shall provide the Department
of Community Development adequate documentation, including but not limited to
APN 369-01-023
TR -2018-32
Page 2 of 2
photographs, receipts or invoices, to verify that the replacement tree has been planted
within 30 days of tree removal.
3. PROTECTED TREES
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.
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 14 calendar days from
the date of this letter. 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,
Ellen Yau
Associate Planner
(408) 777-1360
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Inc: arborist report
CC: Cupertino City Center Owners Association, c/o 1900 S Norfolk St #150, San Mateo Ca. 94403