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TR-2013-31b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408)777-3308• FAX(408)777-3333•planninq(a�cupertino.org July 30, 2013 Paul or Linda LeDoux 10715 Minette Dr Cupertino, Ca 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—TR-2013-31: This letter confirms the decision of the Director of Community Development, given on July 30, 2013, approving a tree removal permit to allow the removal of two unsafe Cedar trees, located at 10715 Minette Drive. This removal is approved with the following conditions: 1. APPROVED PROTECT This approval is based on the arborist report prepared by Brian McGovern (Certified Arborist #WE- 0958A), dated June 4, 2013, consisting of one page, except as may be amended by conditions in this resolution. 2. IN-LIEU TREE REPLACEMENT FEES The Director of Community Development has determined that accommodating replacement trees on the property would not be feasible and therefore a tree in-lieu fee would be required. The cost to procure and install the replacement trees is approximately $1,381.84, of which the applicant has paid on July 17, 2013, in accordance with the City's Protected Tree Ordinance. 3. 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. Please note, however, that an appeal of this decision can be made within 14 calendar days from the date of this decision. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission and the tree cannot be removed until a final decision on the appeal has been made. If no appeal is made within the appeal period, the tree(s) may be removed after Wednesday,August 14,2013. Sincerely, �.",� `/'- �.� Simon Vuong Assistant Planner (408) 777-1356 simonv@cu�ertino.or� OODPECKEr� CERTI FI ED AFtit30RIST P.O. BOX 41 1 15, SAN JOSE, CA 95160-i i 15 (408)298-2948 Tuesday,June 4, 2013 � Paul&Linda Ledoux 10715 Minette Drive Cupertino, CA 95014 Re: Deodar Cedars To Whom It May Concern: On Monday,June 3, 2013 I examined two Cedrus deodara(deodar cedars) at 10715 Minette Drive. After reviewing the property and inspecting both trees it is my professional arboricultural opinion that both these trees should be removed and not be replaced. ' The tree in the front yard has a D.B.H. of 24.5 inches and is located at the base of a large coast redwood. It is dominated by this tree along with a Modesto ash(city tree) on the opposite side. Also, the roots of the redwood are invasively growing over and into the root crown of the cedar. This area of the yard cannot reasonably support all three of these trees. The cedar is dominated on both sides, structurally poor, and a safety concern making it the best choice for removal. The back yard cedar has a D.B.H. of 23.3 inches and is located at the back right corner of the house. It has uplifted the patio, has very poor structure, and is crowded by another coast redwood. Considering that this tree has already done infrastructure damage and will easily double in size, it should also be removed. Both the front and back yards have multiple large growing trees, even without these two cedars. Replacement trees would be detrimental because this lot is too small to support additional trees. I attest that I am I.S.A. Certified Arborist #WE-0958A and Licensed Tree Care Contractor#770742 with current membership in the American Society of Consulting Arborists, the International Society of Arboriculture, the Tree Care Industry Association and the California Arborists Association. I have been practicing the art and science of arboriculture for over twenty years. Respectfully, � � /� 1 - rian M G v � Ar'PF��VAL. `�''.�C l.3 .11� �';�;;_ .,�.i:�:��; . .,. ,Lc-r , ��� � , �� i. .. ..... .,_....._� ��l' ._.. ., .,�J '�v ��� , .�� �� I.S.A. Certified Arborist WE-0958A California Licensed Contractor#770742 Oawt N iR(f t�t[