TR-2018-46 Action Letter.docxCITY OF
IM
CUPERTINO
March 11, 2019
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
DMJ Home Solutions, LLC
ATTN: David Herrera
2059 Camden Avenue, #154
San Jose, CA 95124
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR -2018-46
This letter confirms the decision of the Director of Community Development, given on
March 7, 2019, approving a Tree Removal Permit to allow the removal of one (1) 31" DBH
Monterey Pine (Pinus radiata) development tree located at 10191 Santa Clara Avenue.
Staff has made the finding that the protected tree is a detriment to the subject property
and cannot be adequately supported according to good urban forestry practices due to
the overplanting or overcrowding of trees on the subject property. This finding is
necessary to grant the tree removal permit in accordance with Section 14.18.180(A)(3) of
the Protected Trees Ordinance.
The application is approved with the following conditions:
1. APPROVED PROTECT
This approval for tree removal is based on the certified arborist report prepared by Bo
Firestone (WE -8525A), dated October 23, 2018, consisting of two (2) pages and a tree
removal and replacement site plan prepared by the applicant.
TREE REPLACEMENTS
The required replacement trees are two (2) 24 -inch box Arbutus Marina to be planted
on the subject property as detailed on the replacement plan. The replacement trees
shall be planted within thirty (30) days of the tree removals. 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. 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.
10191 Santa Clara Ave
TR -2018-46
Page 2 of 2
2. PROTECTED TREES
The applicant understands that the replacement tree may not be removed without a
Tree Removal Permit and that he/she shall be responsible for ensuring the proper
maintenance and care of the tree. The applicant shall also disclose the location and
species of the replacement tree 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.
Please note that an appeal of this decision may be made within 14 calendar days from
the date of this letter (Thursday, March 21, 2019 at 5:OOpm). 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,
Jeffrey Tsumura
Assistant Planner
(408) 777-1356
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Enclosures:
Arborist Report
Removal & Replacement Site Plan