Action Letter TR-2019-040January 6, 2020
Arborwell
Sam Oakley
23337 American Ave.
Hayward, CA 94545
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2019-040
This letter confirms the decision of the Director of Community Development, given on
January 6, 2020 approving a Tree Removal Permit to allow the removal of one (1) 10-inch
DBH Lingustrum spp. (Privet) and one (1) 26-inch DBH Fraxinus velutina (Arizona Ash),
located at 10900 North Tantau Avenue and replacement with three (3) 24-inch box Quercus
agrifolia (Coast live oak).
Staff has made the finding that the location of the protected trees are restricting 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 trees. The finding is necessary to grant the tree
removal permit in accordance with Cupertino Municipal Code (CMC) Section 14.18.180
(A)(2).
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 October 23,
2019, consisting of six (6) 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 three (3) 24-inch box trees to be planted on the
subject property within 30 days of tree removal. The applicant has indicated that they
will plant three (3) 24-inch box Coast live oak, as specified on the tree replacement
plan. The applicant shall provide the Department of Community Development
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TR-2019-040
adequate documentation, including but not limited to photographs, receipts or
invoices, to verify that the replacement trees have been planted.
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 TREE(S) 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