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10371 Leola Ct. (dead) TR-2019-04 Action Letter.pdfCITY OF IM CUPERTINO February 5, 2019 Eric Wu 4170 Alta Mesa Avenue Palo Alto, CA 94306 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 -2019-04 This letter confirms the decision of the Director of Community Development, given on February 5, 2019, approving a Tree Removal Permit to allow the removal and replacement of one (1) dead and hazardous Silver Maple (Acer saccharine) development tree, located at 10371 Leola Court. Staff has made the finding that the protected tree is dead (based on the definition provided in Section 14.18.020 of the City's Protected Tree Ordinance), and that the tree is irreversibly diseased, in 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 application is approved with the following conditions: 1. APPROVED PROJECT This approval for tree removal is based on the certified arborist report prepared by Matthew Fried (MA -4851A), dated January 14, 2019, consisting of four (4) pages, a tree removal site plan, and a tree replacement plan. Approval has not been granted for the removal of any other Protected Trees. 2. TREE REPLACEMENT The required replacement tree is one (1) 36 -inch box tree. The applicant has indicated that they will plant one (1) 36 -inch box Gold Medallion (Cassia leptophylla) on the property, as specified on the tree 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 tree has been planted within 30 days of tree removal. 10371 Leola Court TR -2019-04 Page 2 of 2 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, Erika Poveda Assistant Planner (408) 777-3257 erikap@cupertino.org