Action Letter TR-2019-036
January 6, 2020
Smith Group
Attn: Kathryn Dunn
301 Battery Street, 7th Floor
San Francisco, CA 94111
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2019-036
This letter confirms the decision of the Director of Community Development, given on
January 6, 2020, approving a Tree Removal Permit for the removal and replacement of
three development trees (16-inch DBH Aleppo Pine, 15-inch DBH Red Ironbark, and 10”
Coast Live Oak) located at The Forum development.
Staff received a call from an adjacent resident wanting clarification on the location of the
proposed tree removals. Staff satisfactorily addressed that the proposed tree removals
(#87 and 89) are located closer to the freeway. Therefore, the comment was addressed and
no further modification or action is necessary.
Staff has made the finding that the location of the trees restricts the economic enjoyment
of the property by severely limiting the use of property in a manner not typically
experienced by owners of similarly zoned and situated property, and the applicant has
demonstrated to the satisfaction of the approval authority that there are no reasonable
alternatives to preserve the tree(s). This finding is necessary to grant the tree removal
permit in accordance with Section 14.18.180 (A)(2) of the Protected Trees Ordinance.
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, Deanna Ecklund (RCA #647), consisting of two pages and a site removal and
replacement plan.
2. TREE REPLACEMENT
The required replacement trees are three (3) 36-inch box trees, six (6) 24-inch box trees,
or a combination of such sizes to be planted on the subject property within 30 days of
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TR-2019-036
tree removal. The applicant has indicated that they will plant four (4) 24-inch box
Interior Live Oak trees and one (1) 36-inch box Cork Oak tress, 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.
2. 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, January 21, 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,
Ellen Yau
Associate Planner
(408) 777-1360
elleny@cupertino.org
CC: The Forum at Rancho San Antonio, Attn: Nancy Kao, 23500 Cristo Rey Dr, Cupertino Ca 95014