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TR-2010-24b OFFICE OF COMMU NITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT 1 PI O (408) 777-3308 • FAX (408) 777-3333 • planninct(a�cuqertino.org November 17, 2010 Mark Murray Lane Partners 644 Menlo Ave, Suite 204 Menlo Park, CA 94025 SUBJECT: TREE REMOVAL PERMIT ACTIOI�T LETTER - Application TR-2010-24: This letter confirms the decision of the Di rector of Community Development, given on November 17, 2010, approving a tree remcval permit to remove and replace eleven (11) protected trees located at 20300 and 20330 Si evens Creek Blvd (see Table 1 and Attachment A) The trees a�proved for removal have beei► identified with blue tape at the site. The criteria for allowing removal of trees are �.s follows: • Significant tree decline/Advanced levels c�f obvious decline • History of large limb failure • Proximity to high vehicular or pedestrian �reas. The tree removal approval for eleven (11) txees meets the following criterion in accordance with Section 14.18.180 (A)(1) of the Protectec Trees Ordinance: "That the trees are irreversibly diseased, in danger of falling, can cause potential camage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utilit� services." TABLE 1 TREE NO. NAME SIZE REASONS FOR REMOVAL REPLACEMENT (Diameter in SPECIES/ BOX inches) SIZE (in inches) Trees along Stevens Creek Boulevard 1. 2678 Flowering 10 inches C omprised of an extremely weak structure Aristocrat Pear highly prone to failure. Flowering Pear 24 inch box 2. 2683 Flowering 24 inch box P.pproval is aLso granted for the removal Aristocrat Pear (newly a nd replacement of a newly installed Flowering Pear planted) Flowering Pear tree due to poor tree (24 inch box) lantin . 3. 2690 Flowering 15 inches �. significant portion of the canopy is dead. Aristocrat Pear Flowering Pear 1 TABLE 1 TREE NO. NAME SIZE REASONS FOR REMOVAL REPLACEMENT (Diameter in SPECIES/ BOX inches) SIZE (in inches) (36 inch box) 4. 2617 Flowering 18 inches V�'ithin striking distance of walkway. Has a Aristocrat Pear la rge girdling root. Has a weak structure Flowering Pear p:•one to failure, as evidenced by history of (36 inch box) la r e limb failure. Trees alon Torre Avenue 5. 2724 Flowering 7 inches � ne of the two prominent leaders has Aristocrat Pear rE cently failed, and additional large limb Flowering Pear fa ilure can be ex ected. 24 inch box 6. 2727 Flowering 5 inches I-� as a distinct lean indicative of partial root Aristocrat Pear fz ilure. May also have a large girdling root. Flowering Pear 24 inch box 7. 2729 Flowering 16 inches H as partially uprooted, and is at severe Aristocrat Pear risk of falling onto the sidewalk and street. Flowering Pear 36 inch box Trees in Interior of the Site 8. 2619 Holly oak 11 inches A dvanced decline (i.e. dying), and Japanese cc�ntinued decline is expected. It also has a flowering cherry v� � weak structure rone to limb failure. 24 inch box 9. 2623 Holly oak 6 inches �: as a decay column along entire trunk, a Japanese f�.ctor that predisposes the tree to failure. flowering cherry 24 inch box 10. 2701 Tulip tree 12 inches A dvanced decline (i.e. dying), and Tulip tree c� �ntinued decline is ex ected. 36 inch box 11. 2703 Tulip tree 5 inches A dvanced decline, and continued decline Tulip tree i� ex ected. 24 inch box The tree removal permit is approved with the following conditions: 1. APPROVED TREE REMOVAL AND REP:�ACEMENT The approval is based on the Arborist rep��rt prepared by David Babby of Arbor Resources, Registered Consulting Arboris�: #399, dated October 1, 2010, RE: Proposed Tree Removals The Consulhn� Arborist's re�ort is available onhne at h ''» �:1�:�.1�� ��b�.c� ���"�'�.�w.�s �'�c,��������kiid=,�{7 2. DATE OF COMPLETION The trees shall be removed and replace ments shall be planted within 90 days of this approval date. 3. PRUNING The applicant shall retain a Californ: a state-licensed tree service company (D-49 classification) that has an ISA (Internatio: tal Society of Arboriculture) certified arborist in supervisory role, and abides by ANSI A:�00-2001 (Pruning) standards prune the retained trees to reduce heavy limb weight, remc�ve deadwood one inch or greater in diameter, building clearance and raising canopies ��here needed over walkways and roads. Pruning 2 shall not exceed 25% of each tree canopy. Tree removal permits shall be required prior to pruning of any tree canopy over 25 %. The applicant shall provide written confi� mation from the City's Consulting Arborist that the tree service company retained is qualii ied to perform the work and that the tree service company arborist has consulted with tl� e City's Consulting Arborist at the site to his satisfaction. 4. LETTER OF COMPLETION A letter of completion that indicates that tie removal and replacement has been performed to the satisfaction of the City's Consulting Arborist shall also be obtained within 14 days of the completion of work. 5. MONITORING Arborist reports shall be prepared every year by an ISA certified arborist to monitor the health of the trees. 6. FUTURE SIDEWALK DESIGN Any future walk designed along the w��st of building located at 20330 Stevens Creek Boulevard shall be a raised design that bridges over the roots of the existing redwood trees along the east side of the parking garage. 7. NOTICE OF FEES, DEDICATIONS, RESE:ZVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set f��rth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditio:ls 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 notifie � that the 90-day approval period in which you may protest these fees, dedications, rE�servations, and other exactions, pursuant to Government Code Section 66020(a), has tiegun. If you fail to file a protest within this 90- day period complying with all of the rec�uirements of Section 66020, you will be legally barred from later challenging such exactions. Please note that an appeal of this decision car� be made within 14 calendar days from the date of this letter. If an appeal is received, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, ��%l.�/ - � Aarti Shrivastava Community Development Director City of Cupertino ATTACHMENTS: A. 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