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TR-2020-003 Action Letter Comm . F lopme t De+EU,1t jgn4ITY DEVELOPMENT DEPARTMENT PIE sion - upel?fANNING DIVISION 'CUPERTIN4 a ROVE CITY HALL Case # 20-001 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 w LGa i Number(s TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO CUPERTINO.ORG Approval Body: Director/Staff Approva I Date 03/25/20 Signature LOdr4c Case Manager Bill Oldfield 1935 Dry Creek Rd, Suite 203 Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2020-003 This letter confirms the decision of the Director of Community Development, given on March 25, 2020 approving a Tree Removal Permit to allow the removal of one 11.5-inch DBH Ornamental Pear located at 10039 Dove Oak Court, and replacement with one 36- inch box Chinese Pistache. Staff has made the finding that the tree is irreversibly diseased, 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 a justification statement, tree removal and replacement plan prepared by the applicant, consisting of eleven pages, including photos. Approval has not been granted for the removal of any other Protected Trees. 2. TREE REPLACEMENT The required replacement tree is one 36-inch box trees to be planted on the subject property within 30 days of tree removal.The applicant indicated that one 36-inch box Chinese Pistache 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. 10039 Dove Oak Ct. Page 2 of 2 Commu9 ent Department 0 1�- �Y(� �m Plan nin ' ' T— CVPERTINO 3. TkW *®nt understands that replacement trees may not be removed without a Tree Case# 0�` QI'6it and that they shall be responsible for ensuring the proper A1,ph1MVt 1*e and care of the tree. The applicant shall also disclose the location and Approval Body: Dire�V&c}&qftall replacement trees on site upon sale of the property. Approval Date 03/25/20 Signature NOT'i6QY r"VEKES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS 4. Case Manager 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 8,2020 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.org/plannin fg orms.)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, Lauren Ninkovich Assistant Planner (408) 777-3214 laurenn@cupertino.org Enclosure: Removal and replacement plan