Action LetterCITY OF
IM
CUPERTINO
November 21, 2019
Sam Oakley
23337 American Ave.
Hayward, CA 94545
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-2019-043
This letter confirms the decision of the Director of Community Development, given on
November 21, 2019 approving a Tree Removal Permit to allow the removal of one (1) 32-
inch DBH Pinus radiata (Monterey pine), located at 12 Results Way and replacement with
one (1) 36-inch box Coast Redwood.
Staff has made the finding that the protected trees are dead (based on the definition
provided in Section 14.18.020 of the City's Protected Tree Ordinance), 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).
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval for tree removal is based on the certified arborist report prepared by
Samuel Oakley (ISA Board Certified Master Arborist, WE-9474B), dated November 6,
2019, consisting of three (3) pages, including a tree removal and replacement plan.
Approval has not been granted for the removal of any other Protected Trees.
2. TREE REPLACEMENT
The required replacement trees are one (1) 36-inch box trees 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 Coast Redwood, as specified on the 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 trees have been planted.
12 Results Way
TR-2019-043
Page 2 of 2
3. PROTECTED TREES
The applicant understands that replacement trees 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 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. 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,
Lauren Ninkovich
Assistant Planner
(408) 777-3214
laurenn@cupertino.org
Enclosure: Removal and replacement plan