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TR-2018-50 Action Letter_2.pdfCITY OF IM CUPERTINO January 2, 2019 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG Kathleen Short 6081 Meridian Avenue #70-291 San Jose, CA 95120 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR -2018-50 This letter confirms the decision of the Director of Community Development, given on January 2, 2019, approving a Tree Removal Permit to allow the removal of one (1) 12" DBH Camphor development tree located at 22754 Majestic Oak Way. Staff has made the finding that the protected tree is 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 Trees Ordinance. The application is approved with the following conditions: 1. APPROVED PROJECT This approval for tree removal is based on the certified arborist report prepared by Doug Anderson (WE-1061AT), dated November 16, 2018, consisting of three (3) pages and a tree removal site plan prepared by the applicant. 2. IN -LIEU TREE REPLACEMENT FEES The required replacement tree is one (1) 24 -inch box tree. The Director of Community Development has determined that it is physically infeasible to plant the required replacement tree on the subject site. Therefore the tree replacement fee is the cost to procure and install the replacement tree at $450.00, which the applicant paid on November 28, 2018, in accordance with the Protected Tree Ordinance, Section 14.18.160(B)(1) and (2). 22754 Majestic Oak Way TR -2018-50 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. Please note that an appeal of this decision may be made within 14 calendar days from the date of this letter (Wednesday, January 16, 2019 at 5:00pm). 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, Erika Poveda Assistant Planner (408) 777-3257 erikap@cupertino.org Enclosures: Approved Plan Set CC: Bernard and Karen Soules, 11902 S. Hitching Post Trail, Parker, CO 80134