TR-2020-011 Action LetterCITY OF
IM
CUPERTINO
May 1, 2020
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
IaJu Chiang
10900 Lucky Oak Street
Cupertino, CA 95014
SUBJECT:
TREE REMOVAL PERMIT ACTION LETTER - Application TR-2020-011
This letter confirms the decision of the Director of Community Development,
given on May 1, 2020 approving a Tree Removal Permit to allow the removal of
one (1) 61-inch DBH Quercus lobata (Valley Oak), located in the Lucky Oak HOA
common area between 10930 and 10940 Lucky Oak Street, and replacement with
one (1) 36-inch box Quercus lobata (Valley Oak).
Staff has made the finding that the protected tree is irreversibly diseased, is 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 tree certified arborist report
prepared by Chris Regan (ISA Certified Arborist, WE-6897A), dated March 5,
2020, consisting of two (2) pages as well as a removal and replacement plan
and photographs submitted by the applicant and property owner.
2. TREE REPLACEMENT
The required replacement tree is one (1) 36-inch box tree to be planted on the
subject property within 30 days of tree removal. The applicant has indicated
that they will plant one (1) 36-inch box Quercus lobata (Valley Oak), as specified
10940 Lucky Oak St.
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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.
3. PROTECTED TREES
The applicant understands that replacement tree 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 tree(s) 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 (May 15, 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.cupertino.org/plannin fg orms.) 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:
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
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filed, you will be notified of a public hearing date, which will be scheduled before the
Planning Commission.
Please note that while the county -wide Shelter in Place Order is in effect, only
construction or landscape work deemed essential work may proceed, with social
distancing measures. For work that does not need a Building or Encroachment
Permit, please complete the COVID-19 Essential Construction Permit and
Inspection Request Form (available online at
www.cupertino.org/buildingformsandfees) and submit to
planning@cupertino.org.
Please be advised that having authorization from the City does not exempt the
Santa Clara County Sheriff's Department from issuing citations if they
determine that violations exist. For scopes of work that need Building and/or
Encroachment Permits, please contact the Building and Public Works
Departments for authorization.
Sincerely,
Erika Poveda
Associate Planner
(408) 777-3257
erikal2@cul2ertino.org
Enclosure: Arborist Report, Removal and Replacement Plan