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TR-2018-37 (dead) Action Letter.pdfCITY OF IM CUPERTINO August 27, 2018 Karen Patti 21853 Monte Court Cupertino, CA 95014 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 -2018-37 This letter confirms the decision of the Director of Community Development, given on August 22, 2018, approving a Tree Removal Permit to allow the removal and replacement of one (1) 17"-DBH Deodar Cedar (Cedrus deodara) tree, located at 21853 Monte Court. Staff has made the finding that the protected tree poses a hazard to the safety to persons or property, and cannot be controlled or remedies through reasonable relocation or modification. The proposed replacement plan is consistent with the Protected Tree Ordinance since the applicant is replacing the tree on site, and the number of replacements is consistent with the ordinance. The finding is necessary to grant the tree removal permit in accordance with Section 14.18.180 (A) (1). The application is approved with the following conditions: 1. APPROVED PROJECT This approval is based on the arborist report prepared by David Wood (WE -6960A) of Serrano's Expert Tree Service, Inc., dated July 13, 2018 consisting of two (2) pages, including a removal and a replacement site plan, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENT The required replacement trees either two (2) 24 -inch box trees or one (1) 36 -inch box tree. The applicant has indicated that they will plant two (2) 24 -inch box trees of similar species and/or size in the approximate location(s) indicated on the replacement plan. 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 within 30 days of tree removals. If it is determined that it is physically not feasible to plant the required replacement tree, the applicant may pay in -lieu fees determined to be appropriate by the Community Development Director. 3. PROTECTED TREES 21853 Monte Court TR -2018-37 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. 3. 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. Sincerely, Jeffrey Tsumura Assistant Planner (408) 777-1356 jeffreymt@cupertino.org