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