TR-2019-16 Action Letter
August 5, 2019
Charlis Younan
22445 Cupertino Rd.
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2019-16
This letter confirms the decision of the Director of Community Development, given on
August 5, 2019, approving a Tree Removal Permit to allow the removal and replacement
of twenty-one (21) Pinus Canariensis (Canary Pine) and three (3) Pinus radiata (Monterey
Pines) development trees located at 22445 Cupertino Road.
Staff has made the finding that the trees are:
Irreversibly diseased, are in danger of falling, can cause potential damage to
existing structures, and cannot be controlled or remedies through reasonable
relocation or modification of the structure; and,
That the location of the trees 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 finding is necessary to grant the tree removals in accordance with Section 14.18.180
(A) (1) (2) of the Protected Trees Ordinance.
The application is approved with the following conditions:
1. APPROVED PROJECT
The approval for the tree removals is based on an arborist report prepared by Michael
Bench, ISA Certified Arborist, WE-1897A, dated October 8, 2018 consisting of five (5)
pages that includes the tree removal and replacement plan.
2. TREE REPLACEMENTS
The required replacement trees are twenty-four (24) 24-inch box trees.
22445 Cupertino Rd. Page 2 of 2
TR-2019-16
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.
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 (Friday, August 8, 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:
Approved Plan Set