TR-2010-09b OFFICE OF COMMUNITY DEVELOPMENT
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CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RTI hl Gl (408) 777-3308 • FAX (408) 777-3333 • planninqCa�cupertino.org
Apri128, 2010
Mrs. Kathy Pesic (Gu-Guide LP)
1802 Cheney Drive
San Jose , CA 95128
SUBJECT: RETROACTIOVE TREE REMOVAL PERMIT ACTION LETTER -
Application TR-2010-09:
This letter confirms the decision of the Director of Community Development,
given on April 28, 2010, approving a tree removal permit to remove one (1) 23"
diameter Pine at 7411 Rainbow Drive, with the following conditions:
1. APPROVED PROTECT
The approval is based upon visual inspection by staff, pertaining to the
imminent danger to the property based on existing damage to the structure
and driveway located 7411 Rainbow Drive, except as may be amended by
conditions in this resolution.
2. TREE REPLACEMENTS
The applicant shall be required to plant two (2) 24-inch box size Osmanthus
fragans on the property in accordance with the City's Protected Trees
Ordinance. The required replacement trees shall be planted within 60 days
of the effective approval date of this tree removal permit.
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
TR-2010-09
7411 Rainbow Drive
Page 2
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 retroactive tree removal permit
in accordance with Section 14.18.140 (B) of the Protected Trees Ordinance.
Sincerely,
� �g�
Leslie Gross
Assistant Planner
Community Development Department
City of Cupertino
(408) 777-1356
leslieg@cupertino. org