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TR-2020-013 Action LetterCITY OF IM CUPERTINO April 7, 2020 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG Tracy Hsu 22330 Santa Paula Avenue Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2020-013 This letter confirms the decision of the Director of Community Development, given on April 7, 2020 approving a Tree Removal Permit to allow the removal of one 16-inch DBH Oak (Quercus spp.) located at 22160 Wallace Drive, and replacement with two 24-inch box Oaks (Quercus spp.). Staff has made the finding that the mature specimen trees with single trunk between twelve inches DBH and twenty-four inches DBH, or multi -trunk between twenty-four inches DBH and forty-eight inches DBH in R1, Al, A, RHS, and R2 zones will be replaced by planting a replacement tree and/or by contribution to the City's Tree Fund. The finding is necessary to grant the tree removal permit in accordance with Cupertino Municipal Code (CMC) Section 14.18.180 (A) (4). The application is approved with the following conditions: APPROVED PROTECT This approval for tree removal is based on a justification statement, tree removal and replacement plan prepared by the applicant, consisting of 6 pages, including photos. Approval has not been granted for the removal of any other Protected Trees. 2. TREE REPLACEMENT The required replacement tree is two 24-inch box trees to be planted on the subject property within 30 days of tree removal. The applicant indicated that two new 24-inch box Oaks (Quercus spp.) as the replacement planting. 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. 22160 Wallace Drive TR-2020-013 Page 2 of 3 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. Also, please note that an appeal of this decision can be made within fourteen (14) calendar days from the date of this letter (April 21, 2020 at 5:00 PM). Please find a copy of the appeal form attached for your convenience and to ensure your health and safety during the COVID pandemic (also available online at: www.cupertino.orgZplanningforms.) The completed appeal form and filing fee must be received by the deadline to appeal and may be submitted in one of the following ways: 1. Preferred: Email the completed form to cityclerk@cupertino.org and call (408) 777-3223 between 7:30AM - 5:30PM (M-Th) and 7:30AM - 4:30PM (F) to arrange for payment by credit card. 2. Other options: a. Mail the completed form and a check in the amount of $277 to Attn: City Clerk, City of Cupertino, 10300 Torre Avenue, CA 95014. b. Obtain an appointment to file the appeal by contacting the City Clerk by email or phone (see contact information above). Please contact the City Clerk's office for additional guidance and instructions on how to file. Do NOT REMOVE THE TREE(S) until the end of the appeal period. If an appeal is filed, you will be notified of a public hearing date, which will be scheduled before the Planning Commission. Sincerely, 22160 Wallace Drive TR-2020-013 Ellen Yau Associate Planner (408) 777-1360 elleny@cupertino.org Enclosure: Removal and replacement plan Page 3 of 3