Action LetterCITY OF
IM
CUPERTINO
November 26, 2019
Kinst Court HOA
ATTN: Ken Lunders
22530 Kinst Court
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-2019-031
This letter confirms the decision of the Director of Community Development, given on
November 25, 2019, approving a Tree Removal Permit for the removal and in -lieu fee
payment of two 10-inch DBH Liquid Amber trees located in the common area of the Kinst
Court development.
Staff received comments from the residents at 22560 and 22550 Kinst Court opposed to
the removal of the trees and in the case that the trees cannot remain they requested that
the plan include replacement trees that utilize a bubbler or drip irrigation system to
encourage root growth deeper into the ground rather than outwards nearer the surface.
The arborist report stated that the trees are causing sidewalk and driveway damages and
concluded that replacement trees would create the same problems as the existing liquid
amber trees due to the compact common areas. Furthermore, the property owners at 22555
and 22545 Kinst Court reported sewer line issues allegedly caused by the root system of
the liquid amber tree in front of their properties and as part of this request the HOA is
proactively requesting the removal of the tree between 22550 and 22560 Kinst Court to
prevent a similar issue in the future. Due to the limited space as determined by the
arborist, the applicant elected to pay into the City's in -lieu tree fund.
Staff has made the finding that the trees 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 or modification of the structure
or utility services. This finding is necessary to grant the tree removal permit in accordance
with Section 14.18.180 (A)(1) of the Protected Trees Ordinance.
The application is approved with the following conditions:
Kinst Court HOA (22555/22560 Kinst Court)
TR-2019-031
Page 2 of 2
1. APPROVED PROJECT
This approval for tree removal is based on the Arborist Report, the Site Plan, and
photographs prepared by certified arborist, Mike Barton (WE-8865A), consisting of
four pages.
2. IN -LIEU TREE REPLACEMENT FEES
The Director of Community Development has determined that it is physically
infeasible to plant the two required 24-inch box replacement trees on the subject site
due to site area limitations. Therefore, the tree replacement fee is the cost to procure
and install the replacement tree at $900 of which the applicant has paid on August 22,
2019 in accordance with the Protected Tree Ordinance, Section 14.18.160(B)(1).
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 (Tuesday, December 10, 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,
/s/
Jeffrey Tsumura
Associate Planner
(408) 777-1356
jeffreymt@cupertino.org
CC: Mike Bergamo, 22560 Kinst Court, Cupertino, CA 95014
Gang Wang, 22550 Kinst Court, Cupertino, CA 95014
Enclosures:
Approved Plan Set