TR-2019-029 Action Letter (hazardous)
September 27, 2019
David Gardner
3633 Woodley Drive
San Jose, CA 95048
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2019-029
This letter confirms the decision of the Director of Community Development, given on
September 27, 2019, approving a Tree Removal Permit for the removal of two (2)
hazardous development trees located at 10121 Miller Avenue.
Staff has made the finding that the protected trees pose a hazard to the safety of persons
or property. The trees are in danger of falling and 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. The proposed
replacement plan is consistent with the Protected Tree Ordinance since the applicant is
replacing the trees on site, and the number of replacements is consistent with the
ordinance. The finding is necessary to grant the tree removal permit in accordance with
section 14.18.180 (A) (1) and (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, David Gardner (WE-7853A), dated July 31, 2019 and revised on September
18, 2019, consisting of two (2) pages, photos of the trees to be removed, and a tree
replacement plan consisting of one (1) page.
2. TREE REPLACEMENTS
The required replacement trees are two (2) 36”-box Coast Redwoods (Sequoia
Semprevirens) as specified on the approved arborist report and 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.
10121 Miller Avenue Page 2 of 2
TR-2019-029
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.
Sincerely,
Erika Poveda
Assistant Planner
(408) 777-3257
erikap@cupertino.org
Enclosures:
Approved Plan Set
CC: Hunter Properties, 10121 Miller Avenue, Cupertino, CA 95014