Signed Action LetterCITY OF
,is
CUPERTINO
September 25, 2019
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
Javier Castaneda
3173 Heritage Valley Drive
San Jose, CA 95148
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR -2019-23
This letter confirms the decision of the Director of Community Development, given on
September 25, 2019, approving a Tree Removal Permit for the removal and replacement
of one (1) 27" DBH Eucalyptus located at 18930 Barnhart Avenue.
Staff has made the finding that the protected tree is irreversibly diseased, are in danger of
falling, can cause potential damage to existing or proposed essential structures, or
interferes with private on-site utility services and cannot be controlled or remedied
through reasonable relocation or modification of the structure or utility services. The
finding is necessary to grant the tree removal permit in accordance with Cupertino
Municipal Code (CMC) Section 14.18.180 (A) (4).
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval for tree removal is based on the Arborist Report prepared by certified
arborist, Javier Castaneda (WE -10110 A), dated August 9, 2019, consisting of 2 pages,
and a tree replacement plan consisting of one (1) page.
2. TREE REPLACEMENTS
The required replacement tree is one (1) 36" -box tree. The applicant has elected to
plant one (1) 36" -box Japanese maple tree, 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.
18930 Barnhart Avenue Page 2 of 2
TR -2019-23
3. PROTECTED TREES
The applicant understands that the replacement tree is protected and 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 replacement and protected 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 (Monday, September 9, 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.
Sincerel
/s
Ellen Yau
Associate Planner
(408) 777-1360
elleny@cupertino.org
Enclosures:
Approved Plan Set
CC: Scott and Annie Juang, 18930 Barnhart Avenue, Cupertino, CA 95014