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TR-2020-012 Action Letter (dead)_1CITY OF IM CUPERTINO March 19, 2020 Neil Woolner Arborwell 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-2020-012 This letter confirms the decision of the Director of Community Development, given on March 19, 2020 approving a Tree Removal Permit to allow the removal of one (1) 50-inch DBH Pinus radiata (Monterey Pine), located at 1 Apple Park Way and replacement with one (1) 36-inch box Quercus spp. (oak variety). 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 The approval for the tree removal is based on the arborist report prepared by Tyson Carroll (Certified Arborist WE10179A) consisting of five (5) pages, including a tree removal and replacement plan. 2. TREE REPLACEMENT The required replacement tree is one (1) 36-inch box trees to be planted on the subject property within 30 days of tree removal. The applicant has indicated that they will plant (1) 36-inch box Quercus spp. (oak variety), 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 trees have been planted. 1 Apple Park Way TR-2020-012 Page 2 of 2 3. PROTECTED TREES The applicant understands that replacement trees may not be removed without a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the tree. The applicant shall also disclose the location and species of all replacement 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. Please note that an appeal of this decision may be made within 14 calendar days from the date of this letter. 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 Senior Planner (408) 777-3205 ericks@cupertino.org Enclosure: Removal and replacement plan