TR-2010-10b i
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� OFFICE OF COMMUNITY DEVELOPMENT
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CITY HALL
� 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
� LJ P� RT 1 N Q � (408) 777-3308 • FAX (408) 777-3333 • pianning�a7cupertino.org
April 12, 2010
Ms. Clarisse Tan
The Biltmore Apartments
10159 South Blaney Avenue
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2010-10:
This letter confirms the decision of the Director of Community Development,
given on April 12, 2010, approving a tree removal permit to remove one (1) Morus
alba (16-inch trunk diameter), and one (1) Pinus canariensus (37-inch trunk
diameter) located at 10159 South Blaney Avenue (The Biltmore Apartments), with
the following conditions:
1. APPROVED PROTECT
The approval is based on the arborist report prepared by Richard Smith,
ISA Arborist #WE8745A, dated March 9, 2009 pertaining to one (1) Morus
alba (16-inch trunk diameter), and one (1) Pinus canariensus (37-inch trunk
diameter) located at 10159 South Blaney Avenue, except as may be
amended by conditions in this resolution.
2. TREE REPLACEMENTS
The applicant shall be required to plant one (1) 24-inch box size tree and one
(1) 36-inch box tree on the property in accordance with the City's Protected
Trees Ordinance. The tree type shall be reviewed and approved by the
Director of Community Development. 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.
TR-2010-10
10159 South Blaney Avenue
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. 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 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 may be removed after
Monday, April 26, 2010.
Sincerely,
�����
Leslie Gross
Assistant Planner
Community Development Department
City of Cupertino
(408) 777-1356
leslieg@cupertino.org
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ARBORIST REPORT ��� � � j�����
SITE: The Biltmore
10159 S. Blaney Street
Cupertino, CA
BY: Richard Smith, Arborist ISA WE8745A
Bay Area Tree Specialists
C(3NTAC"I': (404) 836-9147/ (408) 466-3469
Fax: (408) 448-2036
Web Site: www.bayareatreespecialists.com
MAILING ADDRESS: 3315 San Felipe Rd., PMB # 159, San Jose, CA 95135
TREE OBSERVED
Morus alba. DBH: 16". Height: 50'. Live Crown Ratio: 55%. Crown Spread 37 feet.
CONDTTION OF TREE
Tree is in poor health, poor prior pruning left lions tailed. Tree has a cavity at the
juncture of the trunk and root buttress. Major lean towazds a two story apartment 6 feet
away and parking lot 12 feet away. Tree has been climbed with spikes leaving multiple
wounds.
ARBORIST RECOMMENDATION
Immediate removal due to lean and decay pocket.
Richard Smith, Arborist ISA WE8745A March 9, 2010
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ARBORIST REPORT �� -, -�
MAR , � ��1�
SITE: The Biltmore
10159 S. Blaney Street
Cupertino, CA
BY: Richard Smith, Arborist ISA WE8745A
Bay Area Tree Specialists
CONTACT: (404) 836-9147/ (408) 466-3469
Fax: (408) 448-2036
Web Site: www.bayareatreespecialists.com
MAILING ADDRESS: 3315 San Felipe Road, PMB I59, San Jose, CA 95135
TREE OBSERVED
Pinius canariensus. Height: 92'. Crown spread: 40'. DBH: 37". Tree is located two
feet from awning.
CONDITION OF TREE
70% Live Cmwn Ratio tree has a substantial lean, with the majority of the limbs on the
lean side compounding the potential hazard. The tree has evidendy broken the slab
concrete up to the foundation of the structure. Tree is hazardous. Targets apartment
structure.
ARBORIST RECOMMENDATION
Immediate removal due to the lean and canopy weight on the lean side.
Richard Smith, Arborist ISA WE8745A March 9, 2010
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C� PROMETHEUS
March 23, 2010
Ms. Leslie Gross
Assistant Planner
City of Cupertino
Community Development Department
I0300 Torre Avenue
CupeMino, CA 95014
Re: Tree Removal Permit Application Form
The Biltmore Apartments — Prometheus Kea] Estate Group
10159 South Blaney Avenue, Cupertino, CA 95014
Dear Ms. Gross,
Neather Farquhar, Assistant Portfolio Manager, has the authority to sign the Tree
Removal Permit Application Form on behalf of Prometheus Real Estate Group, owner of
The Biltmore Apartments. Additionally, The Biltmore Apartments is an apartment
community so there is no Homeowners Association to be involved in the process.
You may contact my assistant Christine Steward at (650} 931-3403 if you have any
additional questions or need further information.
Sincerely,
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i
ro Zapata
Vice President Operations
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1900 5. Norfolk Street, Suite 15U � San Mateo, California 94403
T 650.931.3400 � F 650.931.3600
www.prometheusreg.com
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