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TR-2017-33 Action Letter.docx/ September 25, 2017 Bright View Tree Care Attn: Brent Wahlberg 530 Aldo Avenue Santa Clara, CA 95058 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2017-33 This letter confirms the decision of the Director of Community Development, given on September 25, 2017 approving a Tree Removal Permit to allow the removal and replacement of one (1) Modesto Ash, one (1) Liquidambar, and one (1) Aleppo Pine, located near 22851 Longdown Road, 10098 Ridgeway Drive, and 10106 Lamplighter Square in the De Anza Oaks Home Owner’s Association. Staff has made the finding that the trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interfere 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 This approval is based on the certified arborist report prepared by Brent Wahlberg for Brightview Tree Care, dated July 5, 2017, consisting of one (1) page, photographs of the subject trees, and a replacement site plan, except as may be amended by conditions in this resolution. TREE REPLACEMENTS The required replacement trees are six (6) 24” box trees to be planted in the De Anza Oaks Home Owner’s Association property as detailed on the replacement plan. The replacement trees shall be planted within thirty (30) days of the tree removal. The applicant shall provide the Department of Community Development with adequate documentation, including but not limited to photographs, receipts or invoices, to verify that the replacement trees have been planted. If it is determined that it is physically not feasible to plant the required replacement trees, the applicant may pay in-lieu fees determined to be appropriate by the Director of Community Development. PROTECTED TREES 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. The applicant shall also disclose the location and species of all replacement trees on site upon sale of the property. 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 fourteen (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 Assistant Planner Planning Division (408) 777-3257 erikap@cupertino.org CC: De Anza Oaks HOA, c/o Grayson Community Management, Attn: Kaycee Snyder, 65 Washington St #268, Santa Clara Ca. 95050