TR-2020-016 Action Letter CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
June 18,2020
Leonardo Tuchman
Arborwell
2337 American Avenue
Hayward, CA 94545
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2020-016
This letter confirms the decision of the Director of Community Development, given on June
18, 2020 approving a Tree Removal Permit to allow the removal and replacement of eight(8)
development trees (five Blue Gum Eucalyptus and three European Olive) located at the
Biltmore Apartments at 10159 S Blaney Avenue.
Based on the information submitted with the application, including the arborist report
prepared by an ISA certified arborist, staff has made the finding that the trees are irreversibly
diseased,are in danger of falling,can cause potential damage to existing or proposed essential
structures, or interferes with private on-site utility services and cannot be controlled or
remedied through reasonable relocation or modification of the structure or utility services.
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 PROTECT
This approval for tree removal is based on the arborist report prepared by Leonardo
Tuchman (ISA Certified Arborist, WE-12453A), consisting of seventeen (17) pages, a tree
removal plan, and a replacement plan.
2. TREE REPLACEMENT
The required replacement trees are five (5) 36-inch box trees and six (6) 26-inch box trees
to be planted on the subject property within 30 days of tree removal. The applicant shall
plant the following trees as replacements, as specified on the tree replacement plan:
■ two (2) 36-inch box Acer rubrum 'Armstrong' (Armstrong maple),
■ three (3)36-inch box Quercus parvula var. shrevei(Shreve Oak), and
■ six (6) 24-inch box Betula nigra (River Birch)
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
protected 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.
Staff received three phone calls requesting information on the reasons for removals and staff
explained the justification provided by the applicant and shared the arborist report. Based off
comments of ensuring enough evergreen coverage, the applicant revised their replacement plan
to include evergreen trees. No additional conditions were added.
Also,please note that an appeal of this decision can be made within fourteen (14) calendar
days from the date of this letter(July 2,2020 at 5:00 PM). 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.
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/planningforms.) 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.
Sincerely,
Ellen Yau
Associate Planner
(408) 777-1360
elleny@cupertino.org
Enclosure: Removal and replacement plan