TR-2019-12 Action Letter.docx
June 5, 2019
Brightview Landscape
ATTN: Brent Wahlberg
530 Aldo Ave.
Santa Clara, CA 95054
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2019-12
This letter confirms the decision of the Director of Community Development, given on
June 5, 2019, approving a Tree Removal Permit to allow the removal of two (2) Modesto
Ash (Fraxinus velutina) development trees with a DBH of 13” and 20”, located at 22814
Longdown Road. The application was modified by ownership to eliminate from the
original scope two (2) development trees (16” DBH Liquid Amber and a 20”DBH
Redwood Tree).
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 PROJECT
This approval for tree removal is based on the certified arborist report prepared by
Brent D. Wahlberg (WE-3276A), dated April 12, 2019, consisting of thirteen (13) pages
and a tree removal and replacement site plan prepared by the applicant.
1. TREE REPLACEMENTS
The applicant proposes twelve (12) replacement trees including, but not limited to,
Crepe Myrtles and Purple Leaf Flowering Pear, all of which are sized at 15-gallon. At
a minimum, the replacement trees shall be 24” box. 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
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TR-2019-12
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
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 (Wednesday, June 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,
Gian Paolo Martire
Associate Planner
(408) 777-3319
gianm@cupertino.org
Enclosures:
Arborist Report
Removal & Replacement Site Plan
CC: Daniel Rivera (Grayson Community Management) 65 Washington St., Santa Clara, CA 95050
Susan Trost, 23008 Cricket Hill Rd., Cupertino, CA 95014
Suzanne’s Manikowski, 23010 Cricket Hill Rd., Cupertino, CA 95014