TR-2019-02 Signed Action Letter.pdft.'
March 14, 2019
Matt Dickinson
Arborwell
2337 American Avenue
Hayward, CA 94545
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 -2019-02
This letter confirms the decision of the Director of Community Development, given on
March 14, 2019 approving a Tree Removal Permit to allow the removal of three
development trees, located at Biltmore Apartments (10159 S Blaney Avenue).
Staff has made the findings that the location of the protected tree(s) 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. 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 finding is necessary to grant the tree removal permit in accordance
with section 14.18.180 (A) (3).
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval is based on the arborist report prepared by Matt Dickinson (WE -7642A),
dated revised January 1, 2019, consisting of three (3) pages, and a removal and a
replacement site plan, except as may be amended by conditions in this resolution.
2. TREE REPLACEMENT
The required replacement trees are six (6) 24 -inch box trees to be planted on the subject
property within 30 days of tree removal. The applicant has indicated that they will
plant six (6) 24 -inch box Acer rubrum on the property, as specified on the tree
replacement plan. 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.
10159 S Blaney Avenue
TR -2019-02
Page 2 of 2
3. PROTECTED TREES
The applicant understands that replacement trees may not be removed without a Tree
Removal Permit and that they shall be responsible for ensuring the proper
maintenance and care of the tree. The applicant shall also disclose the location and
species of all replacements 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.
Please note that an appeal of this decision may be made within 14 calendar days
from the date of this letter. 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,
Ellen Yau
Associate Planner
(408) 777-1360
elleny@cupertino.org
Enclosure: Removal and replacement plan