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TR-2010-01bCITY OF CUPERTINO January 13, 2010 Ted Fowlks 22275 N. De Anza Circle 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-2010-01: This letter confirms the decision of the Director of Community Development, given on January 13, 2010, approving a retroactive tree removal permit to remove two dead Coast Live Oak trees (30" and 24" diameter) at 22275 North De Anza Circle, with the following conditions: 1. APPROVED PROTECT The approval is based upon visual inspection by staff and Arborist OnSite's arborist report dated December 30, 2009 as may be amended by conditions in this resolution. 2. 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 the replacement tree(s) in compliance with the City's Protected Trees ordinance. '~On January 13, 2010 the applicant provided an in-lieu fee of $1,200, based upon the purchase and installation cost of one 36" box replacement tree. 3. 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 TR-2010-O1 2 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 Assistant Planner City of Cupertino (408) 777-7601 georges@cupertino.org Enclosure: Arborist OnSite arborist report dated December 30, 2009 G:APlannii~g\Tree Removal Staff Level\Action Letter\2010\TR-2010-01 Actionletter(Retroactiee).doc Arborist OnSiteo Horticultural Consulting Inc. I30 San Ramon Dri~•e San Jose, California 9~l l 1 Direct 408/ 236-427 Fax 408% 227-990] Roberti >.arbori stonsi te. com ISA Certified Arborist Report Submitted To: Ted Fowlks 22275 N. DeAnza Circle Cupertino, California 95014-3950 Project Location: 22275 N. DeAnza Circle Cupertino, California 95014-3850 Submitted By: Robert Booty, Member The American Society of Consulting Arborists ,_ ISA Certified Arborist WC-428.6.. ;...,•,, . , ,,,_, ,, . . December 16, 2008;, ~~'~010~01 . I~IS-ol - _. Ted Fowlks Observations 22275 N. DeAnza Circle Cupertino, California 95014-3950 I visited the site and inspected the front yard where the proposed tree removals are to take place. This is a corner lot with 5 very mature oak trees on the site. Two will be removed, one is dead and the other had a trunk failure about 8' from grade. The dead tree has concrete in a lower trunk cavity and will not be completely removed. The canopies of the remaining living oak trees cover the front area of the property and most of the side lot. The side lot has recently been landscaped. Conclusions The oak trees on this property truly dominate this site and create a beautiful environment. I think one of the problems that exist on this site is that the tree canopies completely engulf the area, allowing less sunlight to the lower portion of the trees or anything else planted under them. The one dead tree that is to be removed has concrete in the lower trunk, so the tree will not be completely removed. This will mean that another area will have to be chosen on the site for the new planting. I feel that the site currently is over planted, and that the removal of these two trees will improve the health of the remaining oak trees. I would like to see the cost of the replacement tree, in this case a 36 inch box tree, be donated to the city's tree fund. The estimated value of the replacement tree including installation is $1,200.00 Copyright© 2009 Arborist OnSiteC Horticultural Consulting ~, ~ ~ - 1 r, ..h. .~_.Q.~~''o2Q~ ~.~._~..~. -=~ s~ ~; _ ~~~ ,~ ...._ ;, ; All Rights Reserved "~ " ` 2 Ted Fowlks 22275 N. DeAnza Circle Cupertino, California 95014-3950 Assumptions and Limiting Conditions 1. Any legal description provided to the appraiser or consultant is assumed to be correct. No responsibility is assumed for matters legal in character nor is any opinion rendered as to the quality of any title. 2. The appraiser or consultant can neither guarantee nor be responsible for accuracy of information provided by others, information not provided or disclosed. 3. The appraiser or consultant shall not be required to give testimony or to attend court by reason of this appraisal or consultation/reports unless subsequent written arrangements are made, including payment of an additional fee for services. 4. Loss or removal of any part of this report invalidates the entire appraisal or report/evaluation. 5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the persons(s) to whom it is addressed without written consent of this appraiser or consultant. 6. This report and the values expressed herein represent the opinion of the appraiser or consultant, and the appraiser's or consultants fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported. 7. Sketches, diagrams, graphs, photos, ect., in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys. 8. This report has been made in conformity with acceptable appraisaUevaluation/diagnostic reporting techniques and procedures, as recommended by the International Society of Arboriculture. 9. No tree described in this report was climbed, unless otherwise stated. Arborist OnSite® cannot assume responsibility for any defects which could only have been discovered by climbing. A full root collar or root crown inspection, consisting of excavating the soil around the tree to uncover hidden defects or disease involving the root collar and major buttress roots, was not performed, unless otherwise stated. Arborist OnSite® cannot accept responsibility for any root defects which could only have been discovered by such an inspection. Consulting Arborist Disclosure Statement Arborists are tree specialists who use their education, knowledge, training, and experience to exarnine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce the risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed. Trees can be managed but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. ;. _ .._ ... I-~s-ol CopyrightGc~ 2009 Arborist OnSite:~ Horticultural Consulting All Rights Reserved ~ , , E~. .._~..... ti ,. ~_.:...,~a.__ .. .. _.. _. ~: ~ s. Ted Fowlks 22275 N. DeAnza Circle Cupertino, California 95014-3950 I, Robert Booty, certify: • That I have personally inspected the tree(s) and/or the property referred to in this report, and have stated my findings accurately. The extent of the evaluation and or appraisal is stated in the attached report and the terms and conditions; • That I have no current interest in the vegetation or the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved; • That the analysis, opinions and conclusions stated herein are my own, and are based on current scientific procedures and facts; • That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any subsequent events; • That my analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted arboricultural practices; • That no one provided significant professional assistance to the consultant, except as indicated within the report. I further certify that I am a Member of the American Society of Consulting Arborists, and I am an International Society of Arboriculture Certified Arborist. I have been involved in the practice of arboriculture and the care and study of trees for over 42 years. Digitally signed by Robert Booty Robert Booty DN: cn=Robert Booty, o=Arborist OnSite, ou=Horticultural Consultlng, email=roberc@arboristonsite.com, c=US ,,,, . , Signed, _ Dale: 2D09.72.3117:52:06-08'DD' Date: December 30, 2009 Copyright© 2009 .Arborist OnSite~ Horticultural Consulting r •-- :":L e-ao~o-- p~ . _ r.. _ l~~'-~ I _ _a~~._._____. ~~.s, All Rights Res~rve~'" "' . ~' ,