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TR-2019-14 Action Letter.pdfCITY OF IM CUPERTINO May 31, 2019 Sam Oakley 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 -2019-14 This letter confirms the decision of the Director of Community Development, given on May 31, 2019, approving a Tree Removal Permit to allow the removal and replacement of one (1) Pinus halepensis (Aleppo Pine) development tree located at 3 Infinite Loop. Staff has made the finding that the protected tree restricts the economic enjoyment of the property by severely limiting the use of a property in a manner not typically experienced owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree. The finding is necessary to grant the tree removal in accordance with Section 14.18.180 (A) (2) of the Protected Trees Ordinance. The application is approved with the following conditions: 1. APPROVED PROJECT This approval for tree removal is based on an the arborist report prepared by Samuel Oaklay, ISA Certified Arborist, WE -9474A, TRAQ and ASCA Registered Consulting Arborist #556, dated December 20, 2018 consisting of five (5) pages that includes the tree removal and replacement plan. 2. TREE REPLACEMENTS The required replacement trees is either two (2) 24 -inch box trees or one (1) 36 -inch box tree. The applicant has indicated that they will plant one (1) 36 -inch box oak species (Quercus spp.). 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. 3 Infinite Loop TR -2019-14 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 (Friday, June 14, 2019 at 5:OOpm). 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, Erick Serrano Associate Planner (408) 777-3205 ericks@cupertino.org Enclosures: Approved Plan Set