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TR-2008-14b 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 CO~UNITYDEVELOPMENT CITY OF CUPEIUINO November 24, 2008 Mike Ducote Villa Serra Apartments 20800 Homestead Road Cupertino, California 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2008-14: This letter confirms the decision of the Director of Community Development, given on November 21, 2008, approving a tree removal permit for the retroactive removal of 10 trees and the additional removal of nine trees at an existing apartment complex (Villa Serra). The nineteen trees are identified on the attached plan as (Tree #6, 52, 90, 113, 115, 116, 123, 129, 131, 155, 160, 161, 228, 242, 269, 270, 337, 338 and 339), with the following conditions: 1. APPROVED PROTECT This approval is based on the tree removal plan set titled "Tree Disposition Plan" dated 10/23/2008, except as may be amended by conditions in this resolution. 2. TREE REMOV AL & REPLACEMENTS The tree removal allows for the previous removal of 10 trees including three Coast Redwood, three Red lronbark Eucalyptus, three Chinese Elm, and one Mock Orange tree; the removal of nine additional trees including one Hollywood Juniper, one Carob, one Monterey Pine, one Coast Redwood, two Red lronbark Eucalyptus, and three Chinese Elm as indicated on the tree removal plan set titled "Tree Disposition Plan" dated 10/23/2008. The applicant shall be required to plant two 24-inch box trees for each tree removed on the property for a total of 38 trees, in accordance with the City's Protected Trees ordinance. The applicant shall provide a landscape plan showing the location and species of trees to be planted on the property to be reviewed and approved by the Director of Community Development. The replacement trees shall be required to be planted prior to final occupancy. # of trees and s ecies Four Coast Redwood Five Red lronbark Eucal Six Chinese Elm One Mock Oran e One Holl ood Juni er One Montere Pine One Carob tus Trunk size in inches 15.7, 17.9, 13.3,22.9 17, 16, 19.1, 16.6, 29.6 16, 14.6, 13.7, 12.9, 13.4, 12.4 15.3 17 29.2 24.1 ...R~;.R~la:cement:Trees. # of trees and size of box Ei ht 24" box Ten 24" box Twelve 24" box Two 24" box Two 24" box Two 24" box Two 24" box Printed on Recycled Paper TR-2008-14 20800 Homestead Road Page 2 3. IN-LIEU TREE REPLACEMENT FEE In the event a replacement tree cannot be planted on the property as determined by the Director of Community Development, the applicant will be required to pay an in-lieu tree replacement fee based upon the purchase and installation cost of the replacement tree(s) in compliance with the City's Protected Trees ordinance. 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 pf the_aIllQunt of such_fees,_andade~cription.oLthe_ __ dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, 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. Staff has made the findings necessary to grant the tree removal permit in accordance with Section 14.18.180 of the Protected Trees Ordinance. Please note, however, that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission and the tree cannot be removed until a final decision on the appeal has been made. If no appeal is made within the appeal period, the tree may be removed after Monday, December 8, 2008. ~. Elizabeth Pettis Assistant Planner City of Cupertino (408) 777-3319 elizabethp@cupertino.org Enclosures: Approved Plan Set G:\Planning\ Tree Removal Staff Level\Action Letter\ TR-2008-14 Actionletter.doc 2 tIl ,- a CI ><~ \ ~ ~ "~ ~ ~lml ! III I 1111r;\ IIII\J ! I I I I .,')1., ~)., \ "' ,. ..,'4.'_.~~ .:.~'.,\ .... ,.,:,::.r~' ....1 \ . . " \. '. -". . .. CD 5 CI (J) I I I a:I a CI ~ X:JI 6 CI 0; I I ~ tIl a CI i: tIl a CI .: l~rl ,R" ~x ;-'~~" .(.,..~\ \,,', ....'.17.";,'~'......>~;. 9JntEU6!s . > ~ 1V^O~dd" tIl 5 CI G)~ tIl a CI ..... 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