TR-2009-21bCITY OF
CUPERTINO
December 2, 2009
Gilbert Martinez
403 Saratoga Avenue
San Jose, CA 95129
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
COMMUNITY DEVELOPMENT
SUBJECT: RETROACTIVE TREE REMOVAL PERMIT ACTION LETTER -Application TR-
2009-21:
This letter confirms the decision of the Director of Community Development, given on
December 2, 2009, approving a Retroactive Tree Removal Permit to replace four removed (4)
trees at a Jiffy Lube automotive service station, located at 19480 Stevens Creek Boulevard, with
the following conditions:
1. APPROVED PROTECT
The approval is based on the tree replacement plan sheet titled, "Tree Replacement Plan-
19480 Stevens Creek Boulevard," except as may be amended by conditions in this
resolution.
2. TREE REPLACEMENTS
The applicant shall be required to plant four (4) 36-inch box St. Mary Magnolia
(Magnolia grandiflora) replacement trees on the property in accordance with the
City's Protected Tree Ordinance. Two (2) trees shall be planted on the Stevens Creek
Boulevard frontage and two (2) shall be planted along the Miller Avenue frontage. The
replacement trees shall be planted within a 15-day period after December 16, 2009.
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.
TR-2009-21
2
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 replacement trees cannot be planted until a final decision on the appeal
has been made. If no appeal is made within the appeal period, the trees may be planted after
Wednesday, December 16, 2009.
Sincerely,
George Schroeder
Assistant Planner
City of Cupertino
(408) 777-7601
georges@cupertino. org
Enclosures:
Approved Plan Sheet
CC: Alfred Cali, 14510 Big Basin Way, Saratoga, CA 95070
G:\Plaruling\Tree Removal Staff Level\Action Letter\TR-2009-21 Actionletter (Retroactive).doc
2
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