10447 Heney Creek Ct TR-2018-48 Action Letter.pdfDecember 12, 2018
Michelle Reulman
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
541 W. Capitol Expressway PMS 287
San Jose, CA 95136
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER — Application TR -2018-48
This letter confirms the decision of the Director of Community Development, given on
December 12, 2018, approving a Tree Removal Permit to allow the removal and
replacement of one (1) hazardous 37"-DBH Valley Oak (Quercus agrifolia) tree, located in
a Single Family Residential zoned property located at 10447 Heney Creek Place.
Staff has made the finding that the tree or 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 or modification of the structure or utility services; The
finding is necessary to grant the tree removal permit in accordance with Cupertino
Municipal Code (CMC) Section 14.18.180 (A) (1).
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval is based on the certified arborist report prepared by Larry Vangronigen
(WE -9151A), dated October 25, 2018, consisting of a justification statement and a site
and replacement plan, except as may be amended by conditions in this resolution.
2. IN -LIEU FEES
The required replacement tree is one (1) 36 -inch box tree. The Director of Community
Development has determined that it is physically infeasible to plant the required
replacement trees on the subject site. Therefore the tree replacement fee is the cost to
procure and install the replacement trees at $1,300, which the applicant paid on
December 12, 2018 in accordance with the Protected Tree Ordinance, Section
14.18.160(B)(1).
10447 Heney Creek Place
TR -2018-48
Page 2 of 2
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,
Erika Poveda
Assistant Planner
(408) 777-3257
erikap@cupertino.org