TR-2018-43 Action Letter.pdfCUPERTINO
October 18, 2018
Sam Oakley
2337 American Ave
Hayward, CA 94545
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER — Application TR -2018-43
This letter confirms the decision of the Director of Community Development, given on October 18,
2018, approving a Tree Removal Permit to allow the removal and replacement of three (3) - 30," 12,"
24," DBH Monterey Pine trees (Pinus radiata) located at 5 Results Way in a Planned Development Zone.
Staff has made the finding that the trees are irreversibly diseased, are 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. The finding is necessary
to grant the tree removal permit in accordance with Cupertino Municipal Code (CMC) Section
14.18.180 (A) (1). The proposed replacement plan is consistent with the Protected Tree Ordinance since
the applicant is replacing the trees on site, and the number of replacements is consistent with the
ordinance.
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval is based on the certified arborist report prepared by Sam Oakley (WE -9474B), dated
September 26, 2018, consisting of a justification statement and a site and replacement plan, except as
may be amended by conditions in this resolution.
2. TREE REPLACEMENTS
The required replacement tree is three (3) 36 -inch box trees. The applicant has indicated that they will
plant three (3) 36 -inch box Blue Atlas Cedar (Cedrus atlantica) 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 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
5 Results Way
TR -2018-43
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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.
Sincerel ,
Erick errano
Associate Planner
Planning Division
(408) 777-3205
ericks@cul2ertino.org
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