TR-2019-09 Action Letter
June 7, 2019
Talia Flagan
24001 Stevens Creek Boulevard
Cupertino, CA 95014
SUBJECT: RETROACTIVE TREE REMOVAL PERMIT ACTION LETTER – Application
TR-2019-09
This letter confirms the decision of the Director of Community Development, given on
June 7, 2019, approving a Retroactive Tree Removal Permit for the removal of 35
development trees located at Lehigh Permanente Quarry, APN 351-10-017.
Staff has made the finding that the mature specimen trees with single trunk between
twelve inches diameter at breast height (DBH) and twenty-four inches DBH, or multi-
trunk between twenty-four inches DBH and forty-eight inches DBH in RHS zones will be
replaced by planting a replacement tree and/or by contribution to the City’s Tree Fund.
This finding is necessary to grant the tree removal permit in accordance with Section
14.18.180(A)(4) 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 Tree Removal Assessment prepared by
certified arborist, Sarah Norris (WE-7726A), dated October 12, 2018, consisting of 8
pages, and a tree replacement plan consisting of 1 page.
2. TREE REPLACEMENTS
The required replacement trees are 20 36”-box Coast Live Oak (Quercus agrifolia), 1
36”-box Interior Live Oak (Quercus wislizeni), 23 24”-box Blue Oak (Quercus douglasii),
and 5 24”-box California Buckeye (Aesculus Californica), as specified on the approved
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 tree has been planted within 30
days of tree removal.
APN 351-10-017 Page 2 of 2
TR-2019-09
3. PROTECTED TREES
The applicant understands that the replacement tree 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.
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 (Friday, June 21, 2019 at 5:00pm). If an appeal is filed, you will be
notified of a public hearing, which will be scheduled before the Planning Commission.
Sincerely,
Erika Poveda
Assistant Planner
(408) 777-3257
erikap@cupertino.org
Enclosures:
Approved Plan Set
CC: Lehigh Southwest Cement, 24001 Stevens Creek Blvd., Cupertino, CA 95014