TR-2022-048 - Action Letter (dead)CITY OF
IM
CUPERTINO
November 30, 2022
Jade Ho
11107 Linda Vista Drive
Cupertino, CA 95014
jadeloho@yahoo.com
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
Subject: Tree Removal Permit Action Letter for TR-2022-048
This letter confirms the decision of the Director of Community Development, given on
November 30, 2022, approving a Tree Removal Permit to allow for the removal and
replacement of one (1) dead Coast Live Oak trees at 11107 Linda Vista Drive.
Staff has made the finding that the development tree is dead (based on the definition
provided in Section 14.18.020 of the City's Protected Tree Ordinance), and that the tree is
irreversibly diseased, is in danger of falling, can cause potential damage to existing or
proposed essential structures, or interfere with private on -site utility services and cannot
be controlled or remedied through reasonable relocation. This finding is 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 PROJECT
Approval of the tree removals is based on the application packet prepared by the
applicant, Jade Ho, consisting of two (2) documents including an application and a
site plan.
2. TREE REPLACEMENTAN-LIEU FEE
There is a replacement tree requirement of one (1) 36-inch box oak tree to be planted
on the subject property within 30 days of tree removal. If the property owner elects to
not plant the required replacement tree(s) on site, then an in -lieu fee for the
replacements tree(s) must be paid to the City within 30 days of tree removal.
In the event the applicant is unable to plant the approved replacement trees, the
applicant may propose alternative adequate tree replacements for trees proposed to
be removed. The final number, location, size, and type of trees shall be reviewed and
11107 Linda Vista Drive
TR-2022-048
Page 2 of 3
approved by the Director of Community Development, in consultation with the City's
Consulting Arborist, prior to tree planting.
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 tree(s) have been planted or the in -lieu fee has been paid
within 30 days of tree removal.
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.
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.
11107 Linda Vista Drive
TR-2022-048
Page 3 of 3
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.
Please note that an appeal of this decision may be made within 14 calendar days
from the date of this letter. If an appeal is filed, you will be notified of a public
hearing, which will be scheduled before the Planning Commission.
Sincerely,
/s/
Emi Sugiyama
Assistant Planner
(408) 777-3205
emis@cupertino.org
Enclosure(s): a. Application Packet