TR-2022-046 - Approval Action LetterComm . F lopmebt De(EUIMM41TY DEVELOPMENT DEPARTMENT
PI11499F
sion - upe?FANNING DIVISION
�CUPERTIN4 ROVE
CITY HALL
Case # 22-04q 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
L=mpmpri =661 Numbers TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
Approval Body: Director / Staff
Approval Date
01 /04/23
Signature bff kIWARk4
Case Manager
Application Complete Letter
22286 De Anza Circle South
Tree Removal Permit, TR-2022-046
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2022-046
This letter confirms the decision of the Director of Community Development, given on
January 4, 2023, approving a Tree Removal Permit to Tree Removal Permit to consider the
removal and replacement of one (1) protected Specimen Tree (43.2" Valley Oak) and its
replacement with one 24-inch-box Coast Live Oak planted in the front yard (refer to tree
replacement plan) at a property located at 22286 De Anza Circle South.
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 the Valley Oak proposed
for removal 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 October
18, 2022, prepared by Gordon Mann (Certified Arborist #WE-0151AM) consisting of
fourteen (14) pages, including the report, photographs of the tree proposed for
removal, a site plan depicting the location of the tree to be removed and a site plan
and photographs depicting the proposed location for the replacement 24-inch-box
Coast Live Oak tree.
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.
22286 De Anza Circle South Page 2 of 4
Commy Tni XrTw ment Department
Yanu, 2e6�43p p
Planning Division —Cupertino
c U P E RT I N Q 3. TRFAHI f]l1ARNMENT
Case # TM-&_64geplacement tree is one 24-inch-box Coast Live Oak as the City's
An,&ilWwgn,wr Wrist advised that a 24-inch box tree takes less time to become
establis_h/ed and will grow faster in the long run. The replacement tree must be
Approval Body: Dire
w in 30 days of this approval. The applicant shall provide the Department
Approva I Date _ __ _ _ __ equate documentation, including but not limited to
Signature Catlyhq�o�hs, receipts, or invoices, to verify that the replacement tree has been
1p a6MdManager
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 Bav 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.
b. If construction activities and any required tree removal occur during the
nesting season (February 1 and August 31), a qualified ornithologist shall
be required to conduct surveys prior to tree removal or construction
activities. Preconstruction surveys shall be conducted no more than 14
days prior to the start of tree removal, pruning or construction.
Preconstruction surveys shall be repeated at 14-day intervals until
construction has been initiated in the area after which surveys can be
stopped. During this survey, the ornithologist shall inspect all trees and
other possible nesting habitats in and immediately adjacent to the
construction areas for nests.
c. If the survey does not identify any nesting birds that would be affected by
construction activities, no further mitigation is required. If an active nest
containing viable eggs or young birds is found sufficiently close to work
areas to be disturbed by these activities, their locations shall be
documented, and protective measures implemented under the direction of
the qualified ornithologist until the nests no longer contain eggs or young
birds.
22286 De Anza Circle South
Commy Tni XrTw ment Department
Yanu, 2e6�43p p
Planning Division —Cupertino
Page 3 of 4
CUPERTINQ APRRCWDctive measures shall include establishment of clearly delineated
Case # TR-2022-04$lsion zones (i.e. demarcated by identifiable fencing, such as orange
Application NunW#}§truction fencing or equivalent) around each nest location as
determined by the qualified ornithologist, taking into account the species
Approval Body: Director / StAirds nesting, their tolerance for disturbance and proximity to existing
Approval Date 01/04/23 development. In general, exclusion zones shall be a minimum of 300 feet
Signature Catherine Tarongor raptors and 75 feet for passerines and other birds. The active nest within
Case Mang exclusion zone shall be monitored on a weekly basis throughout the
nesting season to identify signs of disturbance and confirm nesting status.
The radius of an exclusion zone may be increased by the qualified biologist,
if project activities are determined to be adversely affecting the nesting
birds. Exclusion zones may be reduced by the qualified biologist only in
consultation with California Department of Fish and Wildlife. The
protection measures and buffers shall remain in effect until the young have
left the nest and are foraging independently or the nest is no longer active.
e. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be submitted to the Planning Manager,
through the building permit review process, and be completed to the
satisfaction of the Community Development Director prior to the start of
grading.
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
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
22286 De Anza Circle South
Page 4 of 4
CommTnit� 6-046 ment De artment
Yanu�ry, 2e6�43p p
Planning Division —Cupertino
CUPERTIn0 like*RRR@ME'lb indemnify, defend, and hold harmless the indemnified parties from
Case # a_Q92ikAD4-6� damages, attorneys' fees, or costs awards, including attorneys' fees
Rwax aubdos) Code of Civil Procedure section 1021.5, assessed or awarded against
the indemnified parties. The Applicant shall cooperate with the City to enter a
Approva I Body: D eimbursement Agreement to govern any such reimbursement.
Approval Date 01/04/23
Signature Cath1hfteARRAcant shall agree to (without limitation) reimburse the City for all costs
incuorednaingadditional 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 completed the (14) calendar day public posting and appeal period which ran
from Friday, December 16, 2022 to Tuesday, January 3, 2023 at 5:00 PM and no appeals of
your application or public comment regarding your application were received during this
time. Please take down the noticing board that you posted on site, and you may now
proceed with removing the Valley Oak tree and planting the replacement tree. Please
send the vroiect vlanner a vhotoeravh of the vlanted 24-inch-box coast live oak
replacement tree within 30 days of the removal of the valley oak at
catherinet@cupertino.org so that the planner can then mark the permit as completed.
Sincerely,
Catherine Tarone
Permit Technician
Planning Division
(408) 777-3297
catherinet@cupertino.org
Enclosure: Removal and replacement plan