TR-2009-05bCITY OF
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
C O P E RT I N O COMMUNITY DEVELOPMENT
June 15, 2009
Nancy Hurtienne
Commons of Cupertino PUD
10144 Congress Place
Cupertino, California 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER -Application TR-2009-05:
This letter confirms the decision of the Director of Community Development, given on
June 15, 2009, approving a tree removal permit for the removal of eight trees with in the
Cupertino Commons residential Planned Development complex. The eight trees are
identified on the attached plan as (Tree #180, 187, 228, 234, 331, 351, 339, 351, 715, 718,
725, 714), with the following conditions:
1. APPROVED PROTECT
Cupertino Commons is a Planned Development, and as such removal of trees of
that development is subject to the City of Cupertino's Protected Tree Ordinance
(Sec 14.18 of the Municipal Code). This approval is based on the tree removal
plan set titled "Commons of Cupertino' dated April 24, 2009, except as may be
amended by conditions in this resolution.
2. TREE REMOVAL & REPLACEMENTS
The tree removal allows for the previous removal of 8 trees including four white
birch's, one sweet gum, one mayten, one crept myrtle, and one bradford pear as
indicated on the tree removal plan set titled "Commons of Cupertino" dated
April 24, 2009. The applicant shall be required to plant tree replacement for each
tree removed on the property for a total of 13 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.
Trees Removed Re . Re lacement Trees
# of trees ands ecies Trunk size in inches # of trees and size of box
Four White Birch 10,12,10,11.5 Four 24" box
One Sweet Gum 17 Two 24" box
One Bradford pear 32 Two 24" box
One 36" box
One Mayten 29 Two 24" box
One 36" box
Cra e M rtle 12 One 24" box
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 of the amount of such fees, and a description of the
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 maybe removed after Monday June 29, 2009
Y~
Heather Phipps
Assistant Planner
City of Cupertino
(408) 777-3319
heatherp@cupertino.org
Cc: D. Carson, 10062 Senate Way, Cupertino, CA 95014
G:\Planning\Tree Removal Staff Level\Action Letter\TR-2009-OS Actionletter.doc
TREES LISTED FOR REMOVAL AT "THE COMMONS OF CUPERTINO" BY
ARBORIST, GIL MITCHELL:
Apri124, 2009
1. #180 Sweet gum because of Basal decay.
2. #187 Bradford Pear due to significant leaning toward street.
3. #228 Mayten because of poor health.
4. #234 White Birch because of poor health, poor structure.
5. #331 White Birch because of poor health & suppressed.
6. #339 White Birch because of poor health.
7. #351 White Birch because of poor health.
8. #715 Saratoga Laurel because of poor health & root bound.
9. #718 Swamp Myrtle because of poor health, poor structure & root bound.
10. #725 Saratoga Myrtle because of poor structure & root bound.
--k 1-.-#-3~`tbleander standard because of wobbling.
1~ 72Q-Oleander standard because of wobbling.
Nancy Hurtienne, Member of Commons Board of Directors
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