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TR-2018-49 Action Letter.pdfCITY OF IM CUPERTINO January 2, 2019 Rupal and Vikas Desai 10290 Scenic Blvd. Cupertino, CA 95013 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 -2018-49 This letter confirms the decision of the Director of Community Development, given January 2, 2018, approving a Tree Removal permit to allow the removal of five (5) hazardous Live Oak (Quercus agrifolia) trees measuring between 15"DBH and 27"DBH, located in a Single Family Residential Zone located at 10290 Scenic Blvd. Staff has made the finding that the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; The finding is necessary to grant the tree removal permit in accordance with Cupertino Municipal Code (CMC) Section 14.18.180 (A) (1). The application is approved with the following conditions: 1. APPROVED PROTECT The approval is based on the report prepared by Diane Hayford of Skyline Design Studio, dated November 14, 2018, consisting of a justification statement and site plan, except as may be amended by conditions in this resolution. 2. IN -LIEU FEES The required replacement trees are ten (10) 24 -inch box trees. The required replacement tree is one (1) 36 -inch box tree. The Director of Community Development has determined that it is physically infeasible to plant the required replacement trees on the subject site. Therefore the tree replacement fee is the cost to procure and install the replacement trees at $4,500, which the applicant paid on November 20, 2018 in accordance with the Protected Tree Ordinance, Section 14.18.160(B)(1). 10290 Scenic Blvd. TR -2018-49 Page 2 of 2 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, Erick Serrano Associate Planner (408)-777-3205 ericks@cuperitno.org