TR-2020-022 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 25,2020
Smith Group
Attn: Kathryn Dunn
301 Battery Street, Th Floor
San Francisco, CA 94111
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2020-022
This letter confirms the decision of the Director of Community Development, given on June
25, 2020 approving a Tree Removal Permit to allow the removal and replacement of five (5)
development trees(16", 12",17",17"and 16"DBH London Plane trees)located at The Forum.
Based on the information submitted with the application,including the justification statement
and arborist report prepared by an arborist, staff has made the finding that the location of the
trees 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(s). This finding is necessary to grant the tree
removal permit in accordance with Section 14.18.180(A)(2)of the Protected Trees Ordinance.
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval for tree removal is based on the justification statement, an arborist report
prepared by Deanne Ecklund (ISA-Certified Arborist #WE-9067A and Registered
Consulting Arborist, #647), consisting of nineteen (19) pages, a tree removal plan, and a
replacement plan.
2. TREE REPLACEMENT
The required replacement trees are five (5) 36-inch box trees or ten (10) 24-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 indicated on the tree replacement plan:
■ eight(8)24-inch box Platanus acerifolia (London Plane), and
■ two (2)24-inch box Quercus agrifolia (Coast Live Oak)
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.
Also,please note that an appeal of this decision can be made within fourteen (14) calendar
days from the date of this letter(July 9,2020 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/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.
Sincerely,
/s/
Ellen Yau
Associate Planner
(408) 777-1360
elleny@cupertino.org
Enclosure: Removal and replacement plan