Action LetterCITY OF
IM
CUPERTINO
April 6, 2020
David Willis
Monster Tree Service
650 Reed Street
Santa Clara, CA 95050
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-2019-051
This letter confirms the decision of the Director of Community Development, given on
April 2, 2020 approving a Tree Removal Permit to allow the removal of one 36-inch DBH
Coast Live Oak (Quercus agrifolia) located at 10395 N. Stelling Road, and replacement with
one 36-inch box Coast Live Oak (Quercus agrifolia).
Staff has made the finding that the protected 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 (based on the definition provided in Section 14.18.020 of
the City's Protected Tree Ordinance). 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 a tree removal and replacement plan
prepared by the applicant, and a certified arborist report prepared by Saulo Sanchez
(ISA Certified Arborist, WE-12451A), dated December 17, 2019, consisting of 23 pages,
including photos. Approval has not been granted for the removal of any other
Protected Trees.
2. TREE REPLACEMENT
The required replacement tree is one 36-inch box trees to be planted on the subject
property within 30 days of tree removal. The applicant indicated that a new 36-inch
box Coast Live Oak (Quercus agrifolia) as the replacement planting. The applicant shall
provide the Department of Community Development adequate documentation,
10395 N. Stelling Road
TR-2019-051
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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.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter (April 20, 2020 at 5:OOPM). Please find a copy
of the appeal form attached for your convenience and to ensure your health and safety
during the COVID pandemic (also available online at:
www.cul2ertino.org/121anningforms.) The completed appeal form and filing fee must be
received by the deadline to appeal and may be submitted in one of the following ways:
1. Preferred: Email the completed form to cityclerkCcupertino.org and call (408)
777-3223 between 7:30AM — 5:30PM (M-Th) and 7:30AM — 4:30PM (F) to arrange
for payment by credit card.
2. Other options:
a. Mail the completed form and a check in the amount of $277 to Attn: City
Clerk, City of Cupertino, 10300 Torre Avenue, CA 95014.
b. Obtain an appointment to file the appeal by contacting the City Clerk by
email or phone (see contact information above).
Please contact the City Clerk's office for additional guidance and instructions on how to
file. 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 date, which will be scheduled before the
Planning Commission.
10395 N. Stelling Road
TR-2019-051
Sincerely,
Jeffrey Tsumura
Associate Planner
(408) 777-1356
jeffreymt@cupertino.org
Enclosure: Removal and replacement plan
Arborist Report
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