Signed Action Letter TR-2018-53.pdfCITY OF
C1
CUPERTINO
May 9, 2019
Amir Khojasteh
1296 Virginia Avenue
Campbell, CA 95008
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 -2018-53
This letter confirms the decision of the Director of Community Development, given on
May 9, 2019 approving a Tree Removal Permit to allow the removal of one development
tree, located at 10490 S De Anza Blvd.
Staff has made the findings that the location of the protected tree(s) restricts the economic
enjoyment of the property by severely limiting the use of property in a manner not
typically experienced by owners of similarly zoned and situated property, and the
applicant has demonstrated to the satisfaction of the approval authority that there are no
reasonable alternatives to preserve the tree(s). 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) (2).
The application is approved with the following conditions:
1. APPROVED PROTECT
This approval is based on 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 two (2) 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 two (2) 24 -inch box Lagerstroemia indica 'Tusscarora' 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.
10490 S De Anza Blvd Page 2 of 2
TR -2018-53
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 TREE(S) 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