TR-2022-005 Approval Action Letter Comm . F lopme t De+2U,161 ieLG4ITY DEVELOPMENT DEPARTMENT
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sion - upe?FANNING DIVISION
�CUPERTIN4 ROVE
CITY HALL
Case # 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
6G.a Numbers TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
Approval Body: Director/ Staff
Approval Date 11/10/22
Signature S �grak%g022
Case Manager
Sophia Huang, A Plus Tree Inc.
985 Walnut Ave
Vallejo, CA 94592
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2022-005
This letter confirms the decision of the Director of Community Development, given on
November 10, 2022, approving a Tree Removal Permit to allow the removal of two
protected mature specimen trees (trees 1 and 2 on the Removal Plan) consisting of one
existing 14.5" DBH Peruvian Pepper (Tree #1) and one existing 33.2" DBH Canary Island
Pine (Tree#2) and their replacement with two 36" Coast Live Oak trees in locations 1 and
2, depicted on the tree replacement plan for a property located at the Biltmore Apartment
complex located at 10159 South Blaney.
The City's consultant arborist has provided a peer review of the applicant's revised
arborist report and staff has made the necessary findings that Tree#1,the Peruvian Pepper
tree is irreversibly diseased and is in danger of falling. Regarding Tree#2, the 33.2" DBH
Canary Island Pine, staff has made the finding that the tree can cause potential damage to
existing or proposed essential structures, and cannot be controlled or remedied through
reasonable relocation or modification of the structure or utility services. These findings
are 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 PROTECT
This approval for tree removal is based on the revised arborist report, dated
November 7, 2022, prepared by Evan Fuller (Certified Arborist # #WE-12508A)
consisting of seven(7)pages,including the report,photographs of both trees proposed
for removal, a site plan depicting the location of the trees to be removed and
photographs depicting the proposed locations for the two replacement trees.
2. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations,building setbacks,property
10159 South Blaney(Builtmore Apartments)
Paze
Comm �Pk��Iopment Department
Pi gb1Xiq�igU2Z- Cupertino
CUPERTINQ APPROVED
Case # sM,:kUg0ijW5quare footage, any relevant easements and/or construction records.
p ag;mwmW&Wntation o any property data may invalidate this approval and may
require additional review.
Approval Body: Director/Staff
Approval Dates JA0.9J?�.pr.ACFMFNT
Signature CathTihm grdined replacement tree is one 36-inch-box Coast Live Oak at Replacement Site
#1 &tip 936-inch-box Coast Live Oak at Replacement Site #2 as depicted on the
replacement plan. Both replacement trees must be planted within 30 days of this
approval. 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 and that the lawn area
has been removed within 10' of the replacement oak tree at Replacement Site #1.
4. 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 trees. The applicant shall also disclose the location and
species of all replacement trees on site upon sale of the property.
5. NESTING BIRDS
Nests of raptors and other birds shall be protected when in active use, as required by
the federal Migratory Bird Treaty Act and the California Department of Fish and
Game Code.
a. Construction and tree removal/pruning activities shall be scheduled to
avoid the nesting season to the extent feasible. If feasible, tree removal
and/or pruning shall be completed before the start of the nesting season to
help preclude nesting.The nesting season for most birds and raptors in the
San Francisco Bay area extends from February 1 through August 31.
Preconstruction surveys (described below) are not required for tree
removal or construction activities outside the nesting period.
6. 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
10159 South Blaney(Builtmore Apartments)
Paze
Comm �Pk��lopment Department
Pi gblXiq�igU2z- Cupertino
CUPERTINQ APPROVED
Case # dpRi4M,24G5ind costs awarded against the City, if any, and cost of suit, attorneys'
p611j,atjw ,,,FA . costs, is i sties, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
Approval Body: ffproceeding.
Approval Date
Signature Cath1hNe qRpJhiant shall agree to (without limitation) reimburse the City its actual
attccae�'JWs 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.
7. 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.
You have now completed the (14) calendar day public posting and appeal period which
ran from Tuesday, October 11, 2022 to Tuesday, October 25, 2022 at 5:00 PM). Thank you
for revising your tree replacement proposal for location #2 to a Coast Live Oak tree to
reflect the public comments submitted by residents during the appeal period requesting
a drought-tolerant, California native tree species. This change to the replacement tree at
Site #2 was also approved by the City's consultant arborist who agreed that a coast live
oak would be an acceptable tree species in that location. Please take down the noticing
board that you posted on site, and you may now proceed with removing and replacing
the trees.
Sincerely,
10159 South Blaney(Builtmore Apartments)
Comm�pgT%q Flopment Department
P1M4Lr?&,VN&V2r Cupertino
CUPERTINO APPROVED
Case# TR-2022-005
Application Number(s)
Catherine Tarone
Approval Bodypj?AWcj,@[
Approva I Datepj;,�,W,0,0 ,iG;,,,,
Signature OWWZ4 iie
catherix�@tV"fftino.org
Enclosure: Removal and replacement plan