TR-2022-036 (retroactive) Action letterCUPERTINO
October 18, 2022
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planninp(acupertino.org
Nandy Kumar
2600 El Camino Rea, Suite 410
Palo Alto, CA 94306
SUBJECT: RETROACTIVE TREE REMOVAL PERMIT ACTION LETTER — Application
TR-2022-036
This letter confirms the decision of the Director of Community Development, given on
October 18, 2022, approving a Retroactive Tree Removal Permit for the removal and
replacement of one development tree (6" DBH Podocarpus Macrophylla) at the west end
of the N Wolfe Rd bridge, located at 10123 N Wolfe Rd.
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval is based on the site plan and replacement plan prepared by Olin
Partnership, LTD consisting of two pages (2) and arborist report prepared by Walter
Levison consisting of two (2) pages.
2. TREE REPLACEMENTS
The applicant is required to plant one 24-inch box Ulmus Parvifolia Tree in
accordance with the Protected Tree Ordinance and approved tree replacement plan.
Modifications to the tree species and location may be made to the approved
replacement plan pending staff approval. The replacement trees shall be planted
within 30 days of the effective approval date of this tree removal permit.
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 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.
5. INDEMNIFICATION AND LIMITATION OF LIABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
"indemnified parties") from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
"proceeding") brought by a third party against one or more of the indemnified
parties or one or more of the indemnified parties and the applicant related to any
Ordinance, Resolution, or action approving the project, the related entitlements,
environmental review documents, finding or determinations, or any other permit or
approval authorized for the project. The indemnification shall include but not be
limited to damages, fees, and costs awarded against the City, if any, and cost of suit,
attorneys' fees, and other costs, liabilities, and expenses incurred in connection with
such proceeding whether incurred by the Applicant, the City, or the parties initiating
or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees
and costs shall include amounts paid to the City's outside counsel and shall include
City Attorney time and overhead costs and other City staff overhead costs and any
costs directly related to the litigation reasonably incurred by City. The applicant
shall likewise agree to indemnify, defend, and hold harmless the indemnified parties
from and against any damages, attorneys' fees, or costs awards, including attorneys'
fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded
against the indemnified parties. The Applicant shall cooperate with the City to enter
a Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
6. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a) Water all exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) at least twice daily and more often
during windy periods to prevent visible dust from leaving the site; active areas
adjacent to windy periods; active areas adjacent to existing land uses shall be
kept damp at all times, or shall be treated with non -toxic stabilizers or dust
palliatives.
b) All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
c) All visible mud or dirt track -out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
d) All vehicle speeds on unpaved roads shall be limited to 15 mph.
e) All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f) Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points.
g) All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h) Post a publicly visible sign with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations.
The applicant shall incorporate the City's construction best management practices
into the building permit plan set prior to any grading, excavation, foundation or
building permit issuance.
Staff has made the findings necessary to grant the tree removal permit in accordance
with Section 14.18.120 of the Protected Trees Ordinance.
Sincerely,
/s/
Brianne Harkousha
Associate Planner
(408) 777-7907
brianneh@cul2ertino.org