Action LetterCITY OF
IM
CUPERTINO
August 26, 2019
Tom Hoegel
Bethel Lutheran Church
10181 Finch Avenue
Cupertino, CA 95014
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-2019-028
This letter confirms the decision of the Director of Community Development, given on
August 26, 2019, approving a Tree Removal Permit for the removal and replacement of
one (1) 45" DBH Deodar Cedar (Cedrus deodara) located at 10181 Finch Avenue.
Staff has made the finding that the protected tree is 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. The finding is
necessary to grant the tree removal permit in accordance with Cupertino Municipal Code
(CMC) Section 14.18.180 (A) (3).
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, Richard Smith (WE-8745A), dated Mach 18, 2018, consisting of 18 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) 48"-box Chinese Pistache 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.
10181 Finch Avenue
TR-2019-028
Page 2 of 2
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:OOpm). If an appeal is filed, you
will be notified of a public hearing, which will be scheduled before the Planning
Commission.
Sincerely,
/s/
Erika Poveda
Assistant Planner
(408) 777-3257
erikap@cupertino.org
Enclosures:
Approved Plan Set