TR-2015-43b DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO,CA 95014-3255
C V P E R'T`(�(� (408)777-3308 •FAX(408)777-3333 •planning@cu�ertino.or�
August 25, 2015
William &Rhoda Fry
10400 E. Estates Drive
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2015-43
T'his letter confirms the decision of the Director of Community Development, given on August 25, 2015,
approving a Tree Removal Permit to allow the removal of one 30-inch Multi-trunk Blue Atlas Cedar,
located 10400 E. Estates Drive, and replace with one 36-inch box Maple tree.
Staff has made the finding that the Mature Specimen trees in the R1 zoning district, with single trunk
between twelve inches DBH and twenty-four inches DBH, or multi-trunk between twenty-four inches
DBH and forty-eight inches DBH, that are the subject of this tree removal permit, will be replaced by
planting a replacement tree and/or by contribution to the city's tree fund. This finding is necessary to
grant the tree removal permit in accordance with Section 14.18.180 (A)(4) of the Protected Trees
Ordinance.
The application is approved with the following conditions:
1. APPROVED PROJECT
T'his approval for tree removal is based on information provided by the applicant on the application
form and the attached site plan (Exhibit A). Approval is granted for the removal of 1 tree indicated
for removal on the property. Approval has not been granted for the removal of any other Protected
Trees. The tree(s) may be removed on September 9, 2015, upon verification with the Department of
Community Development that an appeal of the project has not been filed.
2. TREE REPLACEMENT
The required replacement tree is one 36-inch box Maple tree to be planted on the subject property
within 30 days of tree removal. 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 replacements 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.
Please note that an appeal of this decision may be made within 14 calendar days from the date of
this letter. 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, which will be scheduled before the Planning
Commission.
Sincerely
/ f
�
Gian Paolo artire
Assistant Planner
(408) 777-3319
gianm@cupertino.org
Enclosure: Removal and replacement plan
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From:
William Fry
San Fernando Ave
Cupertino, CA 95014
408-605-8200
frvhouse@earthlink.net
RE: Request to remove Blue Atlas Cedar Tree at 10400 E. Estates, Cupertino
To: City of Cupertino
Please find here-in a request for permission to remove Blue Atlas Cedar Tree at 10400 E. Estates,
Cupertino.
1. Why tree should be removed:
a)The "tree"was not trimmed properly when it was very young and it has grown into a multi-trunk bush
eyesore.Some neighbors say that it makes the house look haunted. Others say in a derogatory manner
that it looks like a "Dr. Seuss" tree. It is a poor example of this type of tree.
b)The multi-trunks are very skinny and it could become a hazard to occupants of the house and people
walking by.
c)The interior of the garage is cracked and has a hump likely due to root intrusion and is getting worse.
d) Removal of the tree has been suggested by professional landscapers. We plan to remove the lawn
and do a water-wise landscape. However,they say that not much can grow there because of the tree
roots and they recommend removal.
e)We had long considered removing the tree because it is an eyesore to the house and the
neighborhood. We finally decided that now is the time to do something now that we're about to re-
landscape the front yard with low-water landscaping rather than lawn.
2. Photograph of the tree:
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3. Does the director of Community Development require an arborist report?Can the City Arborist just
take a look at the photo or do a drive-b 7
4.Signature of property owner: ��i�
5. Regarding a replanting plan:
The lot already has at least seven mature trees: Holly, Black Walnut, Liquid Amber, 2 Privets,Orange
Tree, Crepe Myrtle street tree (which the City planted by our request 13 years ago) along with about 20
lineal feet of very tall Oleanders. Given the quantity of existing trees and bushes on the relatively small
lot,we would request to not replant. In addition,the amount of water to start a new tree during the
current drought would not be a responsible use of water.
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6. Do you require additional information for tree removal?
7. Please advise permit fee.
8.Tree Survey Plan: Here is the location of the tree.There were too many little branches coming out of
it to count. "X" marks the location of the tree:
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Sincerely,William Fry I