TR-2019-038 Action LetterCOMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO,ORG
October 28, 2019
Grace Kong
6376 Myrtlewood Dr.
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER -- Application TR-2019-038
This letter confirms the decision of the Director of Community Development, given on
October 28, 2019, approving a Tree Removal Permit to allow the removal of one (1) 15"
DBH Quercus agrifolia (Coast Live Oak) tree located at 6376 Myrtlewood Drive.
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 and that the tree is
irreversibly diseased, in in danger of falling, can cause potential damage to existing or
proposed essential structures, or interfere with private on -site utility services and cannot
be controlled or remedied through reasonable relocation. The finding is necessary to grant
the tree removal permit in accordance with Cupertino Municipal Code (CMC) Section
14.18.180 (A) (1) and (3) of the Protected Trees Ordinance.
The application is approved with the following conditions:
1. APPROVED PROTECT
The approval for this tree removal is based on information prepared by the applicant
and property owner on the application form, site plan, and justification statement.
Approval has not been granted for the removal of any other Protected Trees.
2. TREE REPLACEMENT
The required replacement trees are two (2) 24-inch box trees or one (1) 36-inch box tree
to be planted on the subject property within 30 days of tree removal The applicant
has indicated that they will plant one (1) 36-inch box Prunus serrulate 'kanzan' (Cherry
Kwanzan) or Magnolia tree on the property, as specified on the tree replacement plan.
The applicant shall provide the Department of Community Development adequate
6376 Myrtlewood Dr.
TR-2019-038
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documentation, including but not limited to photographs, receipts or invoices, to
verify that the replacement trees have been planted.
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 (Monday, November 11, 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,
Erika Poveda
Associate Planner
(408) 777-3257
erika p@c-upertino.ors