TR-2019-049 Action LetterCITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CUPERTINO
CITY HALL
10300 TORRE AVENUE - CUPERTINO, CA 9501 4-3255
TELEPHONE: (408) 777-3308 - FAX: (408) 777-3333
CUPERTINO.ORG
February 13, 2020
Warren Nakamura
283 Kinney Drive
San Jose, CA 95112
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2019-049
This letter confirms the decision of the Director of Community Development, given on
February 13, 2020 approving a Tree Removal Pe:tmit to allow the removal of thirteen (13)
Podocarpus macrophylla (Yew Plum Pine) of DBH between 13 and 36-inches, located at
various sites in the Westmont Park Villas, and replacement with seven (7) 36-inch box
Lagerstroemia f.'Muskogee' (lavender crape myrtle), four (4) Cercis canadensis (Eastern
Redbud), and two (2) Platanus a. 'Columbia' (Sycamore).
Staff has made the finding that the protected trees are a detriment to the subject property
and cannot be adequately supported according to good urban forestry practices due to
the overplanting or overcrowding of trees on the subject property, and the applicant has
demonstrated to the satisfaction of the approval authority that there are no reasonable
altematives 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)(3).
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
Warren Nakamura (ISA Certified Arborist, WC-5278A), dated October 25, 2019,
consisting of seven (7) 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 thirteen (13) 36-inch box trees to be planted on the
subject property within 30 days of tree removal. The applicanthas indicated that they
win plant seven (7) lavender crape myrtle, four (4) Eastern redbud, and two (2)
Sycamore, as specified on the tree replacement plan. The applicant shan provide the
Department of Community Development adequate documentation, including but not
Westmont Park Villas
TR-2019-049
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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 shan 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.
Plag staff received two (2) comments from property owners in the Homeowner's
Association. One homeowner expressed the desire to increase the number of trees
planted as part of the replacement plan. The homeowner was made aware that the
current replacement plan meets the city's replacement requirements and therefore no
extra trees can be mandated by the city as part of a replacement plan. One relative of
ahomeowner expressed concems regarding maintaining one of the trees and pruning
said tree instead of removing the tree. These comments were passed along to the
Homeowner's Association. The Homeowner's Association ultimately decided that
they felt the tree needed to be removed in order to maintain the infrastnucture of the
Homeowner's Association satisfactorily.
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.
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TR-2019-049
Sincerely,
Lauren Ninkovich
Assistant Planner
(408) 777-3214
laurenn@cupertino.org
Enclosure: Removal and replacement plan