TR-2022-030 Action Letter (dead) CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
November 9, 2022
Jose Rios
13696 Rosewood Street
Lathrop, CA 95330
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2022-030
This letter confirms the decision of the Director of Community Development, given on
November 9,2022 approving a Tree Removal Permit to allow the removal of one(1) dead
9-inch DBH Quercus Agrifolia(Coast Live Oak)located in a General Commercial(CG,Res)
zoned Planned Unit Development located at 20520 Town Center Lane.
Staff has made the finding that the protected development tree is dead (based on the
definition provided in Section 14.18.020(D) of the City's Protected Tree Ordinance), and
that the tree is in danger of falling and can cause potential damage to existing or proposed
essential structures. The finding is necessary to grant the tree removal permit in
accordance with Cupertino Municipal Code (CMC) Section 14.18.150 Exemptions (13)(2).
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval is based on the certified arborist report prepared by Leonardo Tuchman
(ISA Certified Arborist #771), dated 8/8/2022, consisting of three pages that include
photos of the dead tree and an evaluation of the health of the tree. The applicant
submitted a removal and replacement plan separately.
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
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
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3. TREE REPLACEMENT
The required replacement tree is one (1)24-inch-box Coast Live Oak to be planted on
the subject property in the same location as the dead tree to be removed as specified
on the replacement plan within 30 days of tree removal.
The applicant is also proposing to voluntarily plant a second 24-inch-box Quercus
Agrifolia (Coast Live Oak) on the property at the southeast corner of Town Center
Lane and South De Anza at the Civic Park Mixed-Use Planned Unit Development
property located at 20520 Town Center Lane.
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.
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 tree. 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.
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
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
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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.
Please note that an appeal of this decision may be made within 14 calendar days
from the date of this letter. CMC 14.18.150(B)(2) Exemptions, permits the removal
of dead trees before the approval is granted provided that a retroactive tree removal
permit is submitted within 5 days. If an appeal is filed, you will be notified of a
public hearing,which will be scheduled before the Planning Commission.
Sincerely,
Catherine Tarone
Permit Technician
Planning Division
(408) 777-3297
catherinet@cupertino.org
Enclosure: arborist report