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TR-2009-08bCITY OF GUPERTINO August 18, 2009 Mr. or Mrs. Richardson 10650 Santa Lucia Rd Cupertino, Ca. 95014 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 COMMUNITY DEVELOPMENT SUBJECT: TREE REMOVAL PERMIT ACTION LETTER -Application TR-2009-08: This letter confirms the decision of the Director of Community Development, given on August 18, 2009, approving a tree removal permit to remove and replace one Coast Live Oak tree at 10650 Santa Lucia Road, with the following conditions: 1. APPROVED PROTECT The approval is based on the Arborist Report dated April 27, 2009, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The applicant shall be required to plant one (1) 36-inch box size replacement coast live oak (Quercus agrifolia), valley oak (Quercus lobata) or deodar cedar (Cedrus deodara) on the property in accordance with the City's Protected Tree Ordinance. The tree shall be planted at least 15 feet from the existing and future foundation, as well as 15 feet beyond the canopy of surrounding existing trees. The applicant shall provide a landscape plan showing the location and species of the tree to be planted on the property to be reviewed and approved by the Director of Community Development. 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 TR-2009-08 2 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 trees 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 Tuesday, September 1, 2009. Sincerely, Leslie Gross Assistant Planner City of Cupertino (408) 777-1356 leslieg@cupertino. org G:\Planning\Tree Removal Staff Level\Action Letter\TR-2009-OS Actionletter.doc 2