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TR-2020-021 Action Letter CITY OF COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO CUPERTINO.ORG June 12,2020 Vallco Property Owner,LLC Attn: Nandy Kumar 965 Page Mill Road Palo Alto, CA 94303 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2020-021 This letter confirms the decision of the Director of Community Development, given on June 12, 2020 approval a Tree Removal Permit to allow the removal and replacement of one (1) 23"-24" DBH Ash tree located near proposed improvements in a Planned Development(Vallco),located at 10123 North Wolfe Road. Staff has made the finding that the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by 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(s). The finding is necessary to grant the tree removal permit in accordance with Cupertino Municipal Code (CMC) Section 14.18.180 (A)(2). The application is approved with the following conditions: 1. APPROVED PROJECT This approval for tree removal is based on the original arborist report prepared by Walter Levison (WE-3172A), dated February 12, 2020 consisting of 6 pages, and an analysis of alternative storm drain improvements prepared by Registered Professional Civil Engineer Nate Dickinson, P.E (C79716). 2. TREE REPLACEMENT The required replacement tree is one (1) 36-inch box Ulmus Parvifolia (Bosque) tree to be planted on the subject property. 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. 10123 North Wolfe Rd. Page 2 of 3 TR-2020-021 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(June 26,2020 at 4:30pm).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. 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.org/planningforms.) 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. 10123 North Wolfe Rd. Page 3 of 3 TR-2020-021 Sincerely, /s/Erick Serrano Erick Serrano Senior Planner ericks@cupertino.org Enclosure: Arborist Report Sandis Storm Letter Tree Replacement Plan