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TR-2017-06 Action Letter.pdf DEPARTMENT OF COMMUNITY DEVELOPMENT CITY HALL CUPERTINO, CA 95014-3255 (408) 777--planning@cupertino.org February 8, 2017 Paul Nakamura 283 Kinney Drive San Jose, CA 95112 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER Application TR-2017-06 This letter confirms the decision of the Director of Community Development, given on February 8, 2017 &«¯°«¸§Ɏ¶§¸¼¯¬²µ¸§ approving a Tree Removal Permit to allow the removal and replacement of one (1) measuring 17-inches in DBH, located at 20294 Pacifica Drive within the Villa Pacifica HOA. The tree will +§­«¸¹º¸µ«³¯§Ɏ¯´ª¯©§ be replaced by two (2) 24-inch box . A certified Arborist, Paul Nakamura (WE-5727A) has surveyed the tree and recommends its removal as the tree has a compromised root system which will eventually lead to its failure. Staff has made the finding that the tree is irreversibly diseased, 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 or 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: APPROVED PROJECT 1. This approval is based on the certified arborist report prepared by Paul Nakamura (WE-5727A), dated September 20, 2016, consisting of one page, and a removal and a replacement site plan, except as may be amended by conditions in this resolution. TREE REPLACEMENTS 2. The required replacement trees are two (2) 24-inch box trees to be planted on the subject property as detailed on the replacement plan. 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. PROTECTED TREES 3. The applicant understands that the replacement trees may not be removed without a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the trees. Tree Removal Permit Action Letter Page 2 TR-2017-06 The applicant shall also disclose the location and species of all replacements trees on site upon sale of the property. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS 4. 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, Erika Poveda Planning Division (408) 777-3257 erikap@cupertino.org