TR-2019-053 Action Letter (live)CITY OF
IM
CUPERTINO
April 2, 2020
George Adzich
10018 Minaker Court
Cupertino, CA 95014
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-2019-053
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 43-inch DBH
and one 32-inch DBH Coast Live Oak (Quercus agrifolia) located at 10018 Minaker Court,
and replacement with two 36-inch box trees of a native oak species.
Staff has made the finding that the location of the protected tree 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. 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 peer review report
prepared by Glenn O. Whitlock -Reeve (ISA Certified Arborist, WE-10177BTM), dated
February 11, 2020, consisting of three pages, of the submitted Forester Report
prepared by Ralph Osterling, dated November 21, 2019, consisting of nine pages,
including photos and 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 two 36-inch box trees to be planted on the subject
property within 30 days of tree removal. The arborist peer review indicated that the
African Fern Pine (Podocarpus gracilior) indicated as replacement planting on the
replacement plan is not a suitable species for the site and would not provide the same
benefits as new oak trees. Recommended alternatives should be of a native oak tree
10018 Minaker Ct
TR-2019-053
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species, such as: Valley Oak (Quercus lobate), Coast Live Oak (Quercus agrifolia), and
California Black Oak (Quercus kelloggii). 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.
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 (February 7, 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 cityclerk@cupertino.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.
10018 Minaker Ct
TR-2019-053
Sincerely,
Jeffrey Tsumura
Associate Planner
(408) 777-1356
jeffreymt@cupertino.org
Enclosure: Removal and replacement plan
Forester Report
Arborist Peer Review
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