10603 Culbertson Dr (dead) TR-2018-28 Action Letter_2.pdfCITY OF
CUPERTINO
December 5, 2018
Shadan Ghaemian
10603 Culbertson Drive
Cupertino, CA 95014
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 -2018-28
This letter confirms the decision of the Director of Community Development, given on
December 5, 2018, approving a Tree Removal Permit to allow the removal and
replacement of one (1) dead 35.3"-DBH Coast Live Oak (Quercus agrifolia) tree, located at
10603 Culbertson Drive.
Staff has made the finding that the protected tree is dead (based on the definition
provided in 14.18.020 of the City's Protected Tree Ordinance), poses a hazard to the
safety of persons or property, and cannot be controlled or remedied 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 replacement 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:
APPROVED PROTECT
This approval for tree removal is based on information provided by the applicant on
the application form, and the site and replacement plans. Approval is granted for the
removal of one dead 35.3" DBH Coast Live Oak (Quercus agrifolia) tree indicated for
removal on the property. Approval has not been granted for the removal of any other
Protected Trees.
2. TREE REPLACEMENT
The required replacement tree is two (2) 24 -inch box trees or one (1) 36 -inch box tree.
The applicant has indicated that they will plant one (1) 36 -inch box Swamp Myrtle
(Tristaniopsis laurina) tree in the same location as the removed tree. 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.
10603 Culbertson Drive
TR -2018-28
Page 2 of 2
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.
Sincerely,
mien r au
Associate Planner
(408) 777-1360
elleny@cupertino.org