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TR-2017-28 (dead) Action Letter.pdf DEPARTMENT OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO,CA 95014-3255 C U P E RT I N 0 (408)777-3308 • FAX(408)777-3333 • planning@cupertino.org October 23, 2017 Frank Liu 7811 Orion Lane Cupertino, CA 95014 Dear Frank Liu, SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2017-28 This letter confirms the decision of the Director of Community Development, given October 23, 2017, approving a dead Tree Removal Permit to allow for the removal of two dead Incense Cedar trees (Calocedrus decurrens)within a BQ Zone located at 7811 Orion Lane. Staff has made the finding that the protected trees are dead(based on the definition provided in 14.18.020 of the City's Protected Tree Ordinance), poses a hazard to the safety of persons or property, and cannot be controlled or remedied through reasonable relocation or modification. An in-lieu fee has been made to the City's Tree Fund based upon the purchase and installation cost of the replacement trees. The finding is necessary to grant the tree removal permit in accordance with section 14.18.180 (A)(1) and (D). The application is approved with the following conditions: 1. APPROVED PRO,TECT The approval is based on the arborist report prepared by James R. Lewis (WE-3984A), dated July 15, 2017, the existing site plan, and photos, consisting of 5 pages, except as may be amended by conditions in this resolution. 2. IN-LIEU TREE REPLACEMENT FEES The Director of Community Development has determined that it is physically infeasible to plant the required replacement trees on the subject site.Therefore the tree replacement fee is the cost to procure and install the replacement tree at $900.00 of which the applicant has paid on October 19, 2017, in accordance with the Protected Tree Ordinance, Section 14.18.160(B)(1). 2. PROTECTED TREES The applicant understands that replacement tree is protected and may not be removed without a Tree Removal Permit and that they or property management shall be responsible for ensuring the proper mau�ten�uue and care of the tree. The applicant shall also disdose the locaHon and species of all replacement and protected trees on site upon sale of fl1e property. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The conditions of Project Approval set forth herein may uzclude certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Gonemment Code Section 66020(d) (1), these CondiHons constitute written notice of a statement of d1e 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 �vhich }�ou may protest these fees, dedicarions, reservations, and other exacrion,pursuant to Government Code Section 66020(a),has begun.If you fail to file a protest within this 90-day period complying�vith all of the requirements of Section 66020,you��ill Ue legally barred from later challenging such exactions. Sulcerely, � i Ellen Yau Assistant Planner (408) 777-1360 ellen��cu pertin o.org PAYMENTOATE X BATCH NO. 10�9/201] 2018-09000992 COLLECTION STATION RECEIPT NO. Communiry_�evelopment 2018-00001992 RECEIVEO FROM CASHIER FrenkGu JulieKinA OESCRIPTION Tree �eviMiu�ee�or]B110rion Lene LeelrtNZllaN 45tilLeelrtNzllation � � $90600 iiee�ervMwleeloi]BllOiionLane iolalCaxM1 SO 00 iolalCM1eck 1900 00 iolalCM1a�ge SO 00 iolalWi�e SO 00 iolalPenmilletl —(90GGQ [nange So 00 iolalPeairetl —(90GGQ To�elAmoun[ f90000 Cus�omer Copy Prin�etl by: Julie Kins� Pege 1 0� 1 10/19/201] 09:0028 PM