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TR-2018-14 Action Letter_2.pdfCITY OF IM CUPERTINO July 5, 2018 Commercial Tree Care Attn: Kevin Allen 1066 Lily Ave Sunnyvale, CA 94086 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 -2018-14 This letter confirms the decision of the Director of Community Development given July 5, 2018, approving a Tree Removal Permit to allow the removal and replacement of two (2) development trees, one (1) Afghan Pine (Pinus brutia) and one (1) Black Pine (Pinus thunbergii), located at 23500 Cristo Rey Drive. Staff has made the finding that 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. This finding is necessary to grant the Tree Removal Permit in accordance with Section 14.18.180 (A) (3) of the Protected Tree Ordinance. The trees will be replaced by two (2) 24 -inch box Atlantic Cedar and one (1) 24 -inch box Western Redbud. The application is approved with the following conditions: APPROVED PROJECT 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 two (2) trees 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 Atlantic Cedar and one (1) 24 -inch box Western Redbud. The 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. 23500 Cristo Rey Dr. TR -2018-14 3. PROTECTED TREES Page 2 of 2 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., Thursday, July 15, 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, Erick Serrano Associate Planner (408) 777-3205 ericks@cupertino.org CC: The Forum Retirement Community, Attn: Fred Hernandez, 23500 Cristo Rey Dr, Cupertino Ca 95014