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TR-2017-38 Action Letter.pdf COMMUNITY DEVELOPMENT DEPARTMENT PLANNING D[VISION CITY HALL 10300 TORRE AVENUE • CUPERTINO,CA 95014-3255 C U P E RT I N O (408)777-3308 • FAX(408)777-3333 November 8, 2017 Rashmi Gupta 10632 Mule Court Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2017-35 This letter confirms the decision of the Director of Commtmity Development, given on NovemUer 8,2017 approving a Tree Removal Permit to allow� the removal of one (1) Deodar Cedar (Cedrus deodnro) measuring 26-uzches DBH, located at 10632 Mine Court. Staff has made the fulding that the protected tree is a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to the overplanting or overcroevding of trees on t11e subject property. An in-lieu fee payment has been made to the City's Tree Fimd based upon the purchase and installation cost of the replacement trees. The fn�d'mg is necessary to grant the tree reinoval perinit ul accordance witll secHon 14.18180 (A)(3) and (D) of the Protected Trees Ord'uzance. The application is approved with the following conditions: 1. APPROVED PROTECT This approval is based on the certified arborist report prepared b}'J�mes Le�vis (WE-3984A), dated OctoUer 25,2017,consistuzg of one(])page, a justification statement prepared Uy the property owner, a site plan, and photos of the subject tree, except as may be amended by conditions in this resolution. 2. IN-LIEU TREE REPLACEMENT FEES The Director of Community Develop�nent has determu�ed that it is plrysically uzfeasible to plant the required replace�nent trees on t11e subject site.Therefore the tree replacement fee is the cost to procure and 'ulstall the replacement trees at $900.00, which die applicant paid on October 19, 2017, in accordance with the Protected Tree Ord'u�ance, Section 14.78.160(B)(1). 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHL•,R EXACTIONS The conditions of Project Approval set forth hemin may u�clude certain fees, dedication requirements, reservation requu•ements, and other exactions. Puisuant to Government Code Section 66020(d) (1), these Conditions constihtte written notice of a statement of the amount of such fees, and a description of the dedications, reservaHons, and other exactions. You are hereby notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other 10632 Mine Court 'a;,e 2 or 2 TR-2017-38 exaction,pursuant to Government Code Section 66020(a),has begun. If you fail to file a protest�vithin this 90-day period complying with all of the requirements of Section 66020,you will be legally barred from later challenguzg 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. Suzcerely, ��,�' `�C�� Erika Poveda Assistant Plaiuler Planning Division (408) 777-3257 erikap@cupertino.org 2