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TR-2009-18bCITY OF CUPERTINO October 6, 2009 Mark Butler 11257 Bubb Road Cupertino, CA 95014 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 COMMUNITY DEVELOPMENT SUBJECT: RETROACTIVE TREE REMOVAL PERMIT ACTION LETTER -Application TR-2009-18: This letter confirms the decision of the Director of Community Development, given on September 4, 2009, approving a retroactive tree removal permit for the removal of one dead 24" diameter Coast Live Oak tree at 11257 Bubb Road, with the following conditions: APPROVED PROTECT The approval is based upon visual inspection by staff and a letter from Carlos Tree Service, dated September 4, 2009, except as maybe amended by conditions in this resolution. 2. TREE REPLACEMENTS The applicant shall plant two (2) 24-inch box or one (1) 36-inch box tree(s) on the property in accordance with the City's Protected Tree Ordinance. Any modifications to the approved tree replacements must be approved by the Director of Community Development. 3. IN-LIEU TREE REPLACEMENT FEE In the event a replacement tree cannot be planted on the property as determined by the Director of Community Development, the applicant will be required to pay an in-lieu tree replacement fee based upon the purchase and installation cost of two (2) 24" box or one (1) 36" box tree(s) in compliance with the City's Protected Trees ordinance. The in-lieu fee shall be received by this office no later than 60 days of this letter. 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 further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, 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. Staff has made the findings necessary to grant the retroactive tree removal permit in accordance with Section 14.18.140 (B) of the Protected Trees Ordinance. Sincerely, George Schroeder Planning Division Enclosure: Letter from Carlos Tree Service, dated September 4, 2009 G:\Planning\Tree Removal Staff Level\Action Letter\TR-2009-18 Actionletter(Retroactive).doc CARLOS TREE SERVICE TO: WHOM IT MAY CONCERN FROM: CARLOS TREE SERVICE SUBJECT: OAK TREE REMOVAL AT 11257 BUBB ROAD CUPERTINO, CA DATE: CC: MARK BUTLER, PROPERTY OWNER REASON FOR REMOVAL: This oak tree has died due to disease and is in danger falling on the residence listed above. TYPE OF TREE: Coastal Live Oak Tree SIZE OF TREE: Trunk size 24" at 4.5 feet above grade Signature: ~`~~~ //~ Date: Cj ~-Q ~, ''~~.-C~- APPROVAL _ao~9 ~~ ~