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TR-2009-12bCITY OF CUPERTINO September 1, 2009 Gary and Vicki Berchem 19060 Barnhart Avenue Cupertino, CA 95014 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 COMMUNITY DEVELOPMENT SUBJECT: TREE REMOVAL PERMIT ACTION LETTER -Application TR-2009-12: This letter confirms the decision of the Director of Community Development, given on August 26, 2009, approving a tree removal permit to remove one 23" diameter Deodar Cedar tree at 19060 Barnhart Avenue, with the following conditions: 1. APPROVED PROTECT The approval is based on the Arborist Report dated July 17, 2009, 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 size Chinese Elm tree (Ulmus parvifolia) on the property in accordance with the City's Protected Tree Ordinance. Any modifications to the approved tree replacements must be approved by the Director of Community Development. 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 TR-2009-12 2 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 letter. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission and the trees cannot be removed until a final decision on the appeal has been made. If no appeal is made within the appeal period, the tree maybe removed after Tuesday, September 15, 2009. Sincerely, George Schroeder City of Cupertino (408) 777-7601 georges@cupertino.org G:\Planning\Tree Removal Staff Level\Action Letter\TR-2009-12 Actionletter.doc 2 Licensed • Bonded • Insured July 17, 2009 Vickie Berchem 19060 Barnhart Ave. Cupertino, CA 95014 c•, ~~~..,~rca, c e- Re: 72" disrne~~eodar Cedar (Cedrus deodara) Property: 19060 Barnhart Ave. Cupertino, CA 95014 To Whom It May Concern: pp ~ i r'CUvhTK°.t t ~ A site visit was made to 19060 Barnhart Ave. in Cupertino to examine a 72" %~eodar Cedar (Cedrus deodara) located in the front yard. As viewed this tree appears in normal healt . Of some concern is the tree leans toward the structure and slightly to the right towards the neighbor's house. This lean has somewhat corrected geotropically with the top portion having "straightened" with the lower trunk still leaning. Also, the tree has two co-dominant tops with almost no visible clearance between them. This has resulted in them being topped, as co-dominant tops such as this, tend to become imbedded and fail as the diameters grow and push against one another physically. Also, the driveway starts about (4') four feet from the trunk and buttress roots strategically necessary for anchorage and stability. The original grade -root zone - is boxed with construction of the house/lawn area somewhat lower through this "boxed" root zone. Root anchorage in this area next to the driveway may have been impacted. The failure potential may also increase during saturated soil and occasional storm surges, possibly resulting in a hazard tree condition. The failure potential at the top will increase as co-dominant tops grow in diameter. Application for a removal permit may be one option. Please feel free to contact our office if you have any questions. Sincerely, /,- ~ 1 ti, , ~. ;~~,~., ,-- r Simon J. Tunnicliffe, Owner Operator ISA Certified Arborist WE-7505A PO Box 162 • Campbell, CA 95009 •408-86b-11.48 • CSL#892956 ,.