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10880 Northpoint Way (dead) TR-2018-51 Action Letter.pdfDecember 19, 2018 Blaine Boccignone 2337 American Avenue Hayward, CA 94545 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 -2018-51 This letter confirms the decision of the Director of Community Development, given on December 19, 2018, approving a Tree Removal Permit to allow the removal and replacement of four (4) dead 21.3," 27.1," 25.7," 18.6" -DBH White Alder (Alnus rhombifolia) trees, in a Planned Development zoned property located at 10880 Northpoint Way. Staff has made the finding that the trees are irreversibly diseased, are 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. The finding is necessary to grant the tree removal permit in accordance with Cupertino Municipal Code (CMC) section 14.18.180 (A) (1). The proposed replacement plan is consistent with the Protected Tree Ordinance since the applicant is replacing the trees on site, and the number of replacement is consistent with the ordinance. The application is approved with the following conditions: 1. APPROVED PROTECT This approval is based on the certified arborist report prepared Blaine Boccignone (WE -0823A), dated November 29, 2018, consisting of a justification statement, a site and replacement plan, and a homeowners association approval letter, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The required replacement trees are eight (8) 24 -inch box trees or four (4) 36 -inch box trees. The applicant has indicated that they will plant four (4) 36 -inch box American Linden (Tilia americana) trees in the same location as the removed tree. The applicant shall provide the Department of Community Development adequate documentation, 10880 Northpoint Way Page 2 of 2 TR -2018-51 including but not limited to photographs, receipts or invoices, to verify that the replacement tree has been planted within 30 days of tree removal. 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. Sincerely, ElTQn-Y�Iu— V Associate Planner / (408) 777-1360 elleny@cupertino.org