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TR-2018-24 Action Letter.docxCITY OF IM CUPERTINO June 19, 2018 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG Bretave Investment, LLC Attn: Yun Lin 15314 Sobey Rd Saratoga, Ca 95070 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR -2018-24 This letter confirms the decision of the Director of Community Development, given June 19, 2018, approving a Tree Removal Permit to allow the removal of one (1) 20 -inch Northern Red Oak (Quercus rubra), located at 10176 Bret Ave. The replacement trees will be two (2) 24 -inch box Himalayan Birch (Betula jacquemontii). Staff has made the finding that the mature specimen trees with single trunk between twelve inches DBH and twenty-four inches DBH, or multi -trunk between twenty-four inches DBH and forty-eight inches DBH in R1, Al, A, RHS, and R2 zones will be replaced by planting a replacement tree and/or by contribution to the City's Tree Fund. This finding is necessary to grant the Tree Removal Permit in accordance with Section14.18.180 (A)(4) of the Protected Trees Ordinance. The application is approved with the following conditions: 1. APPROVED PROTECT This approval for tree removal is based on information provided by the applicant on the application form, and the site and replacement plans. Approval is granted for the removal of one tree indicated for removal on the property. Approval has not been granted for the removal of any other Protected Trees. 2. TREE REPLACEMENTS The required replacement trees are two (2) 24 -inch box Himalayan Birch (Betula jacquemontii) trees to be planted on the subject property within 30 days of 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. 10176 Bret Ave. TR -2018-24 Page 2 of 2 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., Tuesday, July 3, 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, Ellen Yau Assistant Planner (408) 777-1360 elleny@cupertino.org