TR-2020-006 Action Letter (dead)
February 10, 2020
Sam Oakley
Arborwell
2337 American Avenue
Hayward, CA 94545
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2020-006
This letter confirms the decision of the Director of Community Development, given on
February 10, 2020 approving a Tree Removal Permit to allow the removal of one (1) 10-
inch DBH Malus spp. (Apple species), located at 10431 N. De Anza Boulevard and
replacement with one (1) 24-inch box Acer palmatum (Japanese maple).
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
Sam Oakley (ISA Board Certified Master Arborist, WE-9474B), dated February 5, 2020,
consisting of three (3) pages, including a tree removal and replacement plan.
2. TREE REPLACEMENT
The required replacement tree is one (1) 324-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) 24-inch box Japanese maple, 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.
10431 N. De Anza Blvd Page 2 of 2
TR-2020-006
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