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TR-2020-005 Action LetterCITY OF IM CUPERTINO April 24, 2020 Blaine Boccignone 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-2020-005 This letter confirms the decision of the Director of Community Development, given on April 24, 2020 approving a Tree Removal Permit to allow the removal of one (1) 43.7 inch DBH Sequoia sempervirens (Coast Redwood) and one (1) 31.8 inch DBH Sequoia sempervirens (Coast Redwood), located at 20863 Stevens Creek Boulevard and replacement with one (1) 36-inch box Tristania conferta (Brisbane Box) and two (2) 24-inch box Lagers troemia indica (Crape Myrtles). Staff has made the finding that the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on -site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. 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 Blaine Boccignone (ISA Certified Arborist, WE-0823A), dated February 4, 2020, consisting of six (6) pages, including a tree removal and replacement plan. 2. TREE REPLACEMENT The required replacement trees are two (2) 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 one (1) 36-inch box Tristania conferta (Brisbane box) and two (2) 24-inch box Lagerstroemia indica (Crape myrtles), as specified on the tree replacement plan. The applicant shall provide the Department of Community Development adequate 20863 Stevens Creek Blvd TR-2020-005 Page 2 of 3 documentation, including but not limited to photographs, receipts or invoices, to verify that the replacement trees have been planted. 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 (May 8, 2020 at 5:OOPM). 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.cul2ertino.org/121anningforms.) 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. 20863 Stevens Creek Blvd TR-2020-005 Sincerely, James Murphy Assistant Planner (408) 777-1275 i amesm@cupertino. org Enclosure: Arborist Report & Replacement Plan COVID-19 Essential Work Request Form Page 3 of 3