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TR-2018-09 Action Letter.docxCITY OF IM CUPERTINO May 4, 2018 SCC Fire Protection District Attn: Tom Supan 14700 Winchester Blvd. Los Gatos CA 95032 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR -2018-09 This letter confirms the decision of the Director of Community Development, given May 4, 2018, approving a Tree Removal Permit to allow the removal of six (6) Coast Redwood Trees (Sequoia sempervirens), located at 21000 Seven Springs Parkway (SCC Fire Dept, Seven Springs Station). The replacement trees will be six (6) 36 -inch box Crape Myrtles (Lagerstroemia). Staff has made the finding that the trees are irreversibly diseased, 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. Additionally, the protected trees are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to the overplanting or overcrowding of trees on the subject property. These findings are necessary to grant the Tree Removal Permit in accordance with Sections 14.18.180 (A)(1) and (3) of the Protected Trees Ordinance. The application is approved with the following conditions: 1. APPROVED PROTECT This approval is based on the arborist report prepared by Scott Moncrieff (WE -10627A), consisting of two (2) pages, a justification statement prepared by the applicant consisting of one (1) page, photos of the subject trees, and a removal and a replacement site plan, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The required replacement trees are six (6) 36 -inch box Crape Myrtles (Lagerstroemia) 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 trees, the applicant may pay in - lieu fees determined to be appropriate by the Community Development Director. The replacement trees shall be planted within thirty (30) days of the tree removal. The applicant 21000 Seven Springs Parkway Page 2 of 2 TR -2018-09 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 TREES The applicant understands that replacement trees are protected trees and 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 and protected trees on site upon sale of the property. 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 (by 5:00 p.m., Friday, May 18, 2018). Do NOT REMOVE THE TREES 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 (408) 777-3257 erikap@cupertino.org