Legislation Details

File #: 26-0681   
Type: Report to Board/Commission Status: Agenda Ready
Meeting Body: Planning Commission
On agenda: 8/10/2026
Title: Proposed Project: TREE REMOVAL PERMIT: Appeal of a decision by the Director of Community Development denying a TREE REMOVAL PERMIT for one 32-inch diameter Deodar Cedar tree in the front yard. Location: 1365 Fisher Hawk Drive (APN: 309-05-039), on a 15,892 square foot (0.36 acre) site File #: PLNG-2026-0293 Zoning: R-0 (Low-density residential zoning district) Applicant/Appellant/Owner: Michael Appio (Applicant/Owner/Appellant) Environmental Review: Categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Class 1) and 15304 (Class 4). Project Planner: Gino Victoria, 408-730-7430, GVictoria@sunnyvale.ca.gov
Attachments: 1. Vicinity and Noticing Map, 2. Recommended Findings for Denial, 3. Recommended COAs if Appeal is Granted, 4. City Arborist Tree Removal Permit Checklist, 5. Site Visit Photos, 6. Appeal Letter, 7. Approval and Denial Letter for 2011-7665, 8. Arborist Memo, 9. DRAFT Presentation to Planning Commission RTC No 26-0681 - 20260810
REPORT TO PLANNING COMMISSION

SUBJECT
Title
Proposed Project:
TREE REMOVAL PERMIT: Appeal of a decision by the Director of Community Development denying a TREE REMOVAL PERMIT for one 32-inch diameter Deodar Cedar tree in the front yard.
Location: 1365 Fisher Hawk Drive (APN: 309-05-039), on a 15,892 square foot (0.36 acre) site
File #: PLNG-2026-0293
Zoning: R-0 (Low-density residential zoning district)
Applicant/Appellant/Owner: Michael Appio (Applicant/Owner/Appellant)
Environmental Review: Categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Class 1) and 15304 (Class 4).
Project Planner: Gino Victoria, 408-730-7430, GVictoria@sunnyvale.ca.gov

Report
REPORT IN BRIEF

General Plan: Low Density Residential
Existing Site Conditions: One-story single-family home
Surrounding Land Uses: One and two-story single-family homes
Issues: Appeal letter notes tree safety concerns and that the tree restricts the ability to enjoy reasonable use of the property.
Staff Recommendation: Deny the appeal and uphold the decision of the Director of Community Development to deny the Tree Removal Permit based on the Recommended Findings for Denial in Attachment 2.

BACKGROUND
The existing site is located within a single-family residential neighborhood and currently developed with a one-story single-family home, a detached garage, and a detached accessory structure. The lot is 15,892 square feet in size.

The applicant/appellant filed a Tree Removal Permit application on April 28, 2026, to remove one (1) Deodar Cedar tree located in the front yard, between two driveways.
The applicant's reasons for removal cited in the application included broken gutters, roots under the foundation, and a desire to plant fruit trees.

A protected tree of significant size is defined as a tree 38-inches or greater in circumference measured at four and a half feet above grade per Sunnyvale Municipal Code (SMC) Sect...

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