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TR-2015-45b DEPARTMENT OF COMMUNITY DEVELOPMENT � . CITY HALL 10300 TORRE AVENUE • CUPERTINO,CA 95014-3255 C U P E RT I N 4 (408)777-3308 • FAX(408)777-3333 •�lannin�cu�ertino.or� October 6, 2015 Rajeeva Gaur 7552 Erin Way Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2015-45 This letter confirms the decision of the Director of Community Development, given on October 6, 2015 approving a Tree Removal Permit to allow the removal and replacement of a one 30" Deodar Cedar tree located in the yard of a single family residence, located at 7552 Erin Way. Staff has made the finding that the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation ar modification of the structure or utility services. This finding is necessary to grant the tree removal permit in accordance with Section 14.18.180 (A)(1) of the Protected Trees Ordinance. The application is approved with the following conditions: 1. APPROVED PROJECT This approval is based on the arborist report prepared by Juan Davila (#WE-9595A), dated received August 11, 2015, consisting of two pages; and a site plan, except as may be amended by conditions in this resolution. � 2. TREE REPLACEMENT The required replacement tree is one (1) 36-inch box tree to be planted on subject property. If it is determined that it is physically not feasible to plant the required replacement tree the applicant may pay in-lieu fees determined to be appropriate by the Community Development Director. The replacement tree shall be planted within thirty (30) days of the tree removal. The applicant shall provide the Department of Community Development adequate documentation, including but not limited to photographs, receipts or invoices, to verify that the replacement trees have been planted. 3. PROTECTED TREE The applicant understands that the replacement tree may not be removed without a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the tree. The applicant shall also disclose the location and species of all replacements trees on site upon sale of the property. Tree Removal Permit Action Letter Page 2 TR-2015-45 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 notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exaction, 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. Please note that an appeal of this decision may be made within 14 calendar days from the date of this letter. Do NOT REMOVE THE TREE(S) until the end of the appeal period. If an appeal is filed, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely �' ! � 1 Gian Martir Assistant Planner (408) 777-3319 gianm@cupertino.org Enclosure: arborist report, site plan _ -� Vp�.LEY TR,E,�r �.s �.� �� Fr� � Estim ��es _ A'�'af - o`�� 'ssiona\ A'� West Va I I ey Tree Ca re 954 HENDERSON AVE. SPC#87, SUNNYVALE CALIFORNIA, 94086 408 390 0316 ARBORISTREPORT M r. R aj e eva G a u r ---------------__------___—__-------------_----------.---�rr� �G� RE: 7552 Erin Wa �� y �� l�� Cupert�no 95014 _ � ,� . 1 �''�.c15 ��NS �_ . . ._ _ �__ ._ .._��._....�..� TREE INFORMATION ::.�r Common Name: Deodar Cedar !c f� � �� Botanical Name: Cedrus deodara ___H,v,�.�,_ Height of Tree: 75 feet Diameter of tree at 48 inches above the natural grade: 33 inches Circumference of tree at 48 inches above naturai grade: 105 inches NATURE OF WORK: Request permission to remove a Monterey Pine or Heavy pruning. CONDITION OF TREE:This mature tree located at the backyard close by the fence, right corner,the tree grows directly under the power lines,thus this Deodar shows directional pruning(L pruning)for safety reducing potential wildfire hazard from tree/wire conflicts. For reliability avoid that the tree cause interrupt the electrical services. This only one side of canopy of the tree cause poor structure, the tree developed 'buttressing' at the base of the trunk, it has exposed to wind loads, storm, increasing risk of , failure. The tree show weak union branches, included bark, branches swelling is in response to stress and movement. The shallow roots have lifted the patio (concrete) The tree also close by 15 feet to the house and there are numerous targets in it is path, some branches of failure. REASONS FOR REMOVAL: The property owner, Mr. Gaur, wishes to remove this tree, or least reduce canopy by 50%as he is fearful that the tree collapse, and damage his property. ARBORIST RECOMMENDATION: I believe this tree qualifies for an exemption from protection under the private tree by law. This tree is, in my opinion, structurally and physiologically unsound, as demonstrated by potentially hazard for failure branches, proximity to the house and interference with utility services. Mr. Gaur wants to replace this tree with other replacement tree. In case you allow the tree pruning, he will do in winter season. luan Davil� v. 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