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TR-2010-07b OFFICE OF COMMUNITY DEVELOPMENT . CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT I N O (408) 777-3308 • FAX (408) 777-3333 • planninp@cupertino.org March 9, 2010 Mr. And Mrs. Lowenthal 21602 Villa Maria Court Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER — Application TR-2010-07: This letter confirms the decision of the Director of Community Development, given on March 4, 2010, approving a tree removal permit to remove one (1) 27.5- inch diameter Coast Live Oak due to the poor, declining condition of the tree. The subject tree is located along the right, rear corner of the residence at 21602 Villa Maria Court, with the following conditions: 1. APPROVED PROTECT The approval is based on the arborist report prepared by Frank Bombardier, ISA Board Certified Master Arborist — ON-0284B, dated February 18, 2010 pertaining to the 27.5-inch diameter Coast Live Oak located along the right, rear corner of the residence, 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 replacement Coast Valley Oak tree on the property in accordance with the City's Protected Tree Ordinance. The replacement trees shall be planted within 60 days of the approval of this application. 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. TR-2010-07 21602 Villa Maria Court Page 2 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. Sincerely, _ �C��'�'/� Leslie Gross Assistant Planner Community Development Department City of Cupertino (408) 777-1356 leslieg@cupertino.org Enclosures: Arborist Report Arborist Report: Z1602 Villa Maria Ct. Subject Tree: Coast Live Oak 27.5 " DBH Location: Ri�ht rear corner of house Condition: Poor, declining. Comment: Basal decay on all sides of trunk with three areas of viable holding wood at perimeter of tree leading to viable buttress roots. Greater percentage of decay on tension side with an e�ensive deca.y column at centre of trunk. Visible signs of both Hypoxylon canker and Phythothera ramorum on trunk. Central leader is sparse with foliage and declining. Lower scaffold branches where conductive vessels are present are supporting these branches with good foliage and the remainder of the canopy remains thin, leaves are lighter in color and smaller in size. Reason for Application: Tree is a state of spiral decline and poses a greater potential for failure with defects present. This is heightened by the presence of the house close by. Recommendation: Remove and replace with suitable species. � ►,� � � � � l<.J Frank Date: Bombarciier 2/18/2010 ISA, BCMA ON-0284B � ,- �:: �. �_��4���L l��in �- D I �:�;?li=.r�:iv,�� �`�t,���t�er .�.�,_,_..... ✓...�C_.� ... -_��._�,�._ �:a�€; ��n:r M � t.k�j� C��.L.�� 0 � ��.._ .. ���'l._� . `�i+' ��