TR-2018-42 Action Letter_2.docxCITY OF
IM
CUPERTINO
April 5, 2019
La Selva Tree Care
209 Village Circle
Santa Cruz, CA 95060
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 -2018-42
This letter confirms the decision of the Director of Community Development, given on
April 5, 2019, approving a Tree Removal Permit to allow the removal and replacement of
eight Monterey Pines (Pinus radiata) located at 21701 Stevens Creek Boulevard.
Staff has made the finding that the protected trees are 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
Kurt Fouts (WE -0681A), dated August 27, 2018, consisting of 28 pages and a tree
removal and replacement site plan prepared by the applicant.
TREE REPLACEMENTS
The required replacement trees are eight 36 -inch box Coast Live Oak (Quercus
agrifolia) 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.
2. PROTECTED TREES
21701 Stevens Creek Boulevard
TR -2018-42
Page 2 of 2
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 (April 19, 2019 at 5:00pm). 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
cc: Manjit Jhutty, 21701 Stevens Creek Boulevard, Cupertino, CA 95014