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TR-2022-047 - Approval Action Letter Comm . F lopme t De+2U,161 jeLG4ITY DEVELOPMENT DEPARTMENT PIE M�2-04 sion - upe?FANNING DIVISION �CUPERTIN4 ROVECITY HALL Case # 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 in"=661 Numbers TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO CUPERTINO.ORG Approval Body: Director/Staff Approval Date 01/05/23 Signature bWk1We5F9A4 Case Manager Tony Tamayo 130 E.Dana Street Mountain View, CA 94041 Tree Removal Permit, TR-2022-047 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2022-047 This letter confirms the decision of the Director of Community Development, given on January 5, 2023, approving a Tree Removal Permit to consider the removal and replacement of one (1) protected Development Tree (41" Coast Redwood) located within the Glenbrook Apartment Homes complex at 10125 Parkwood Avenue, Building 14, and its replacement with one (1) 36-inch-box Chinese Pistache tree planted in the location indicated on the tree replacement plan at the northeast intersection of Glen Place and Parkwood Drive. 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 41" Coast Redwood 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 June 30, 2021, prepared by Donald Cox (ISA Board Certified Master Arborist#WE-3023BUM) consisting of five (5)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 36-inch-box Chinese Pistache tree. 2. ACCURACY OF THE PROTECT PLANS 10125 ParkwA000d AvenTue,e,, B CommGle b oV l�oapme tt Uepa'r menig14 '���� 7� P11X1pj.g CQ,iyj25on — Cupertino CUPERrino Page 2 oWPPROVED Case # TR-2022-047 cad 1 V-roper owner is responsible to verify all pertinent property data including but not limited to property boundary locations,building setbacks,property Approval Body: D�IpzetW1§Mff square footage, any relevant easements and/or construction records. Approva I Date AYPW4epresentation of any roperty data may invalidate this approval and may Signature Cat1 &gWi1a itionalreview. Case Manager 3. TREE REPLACEMENT The required replacement tree is one 36-inch-box Chinese Pistache. The replacement tree 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 tree has 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 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. 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. 10125 ParkwA000d AvenTue,e,, CommGle b oV l�oapme tt Uepa'�menig14 '���� 7� P11X1pj.g Qiyj2Son — Cupertino CUPERTiNo Page 3 oAPPROVED Case # TR-2022-047 Applicati4m,, e V survey Zloes not identify any nesting birds that would be affected by construction activities, no further mitigation is required. If an active nest Approval Body: Director/Sttaining viable eggs or young birds is found sufficiently close to work Approval Date 01/05/23 areas to be disturbed by these activities, their locations shall be Signature Catherine Taronedocumented, and protective measures implemented under the direction of Case Man#w qualified ornit o ogist until the nests no longer contain eggs or young birds. d. Protective measures shall include establishment of clearly delineated exclusion zones (i.e. demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds.The active nest within an 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' 10125 ParkwA000d AvenTue,e,, B CommGle b oV l�oapme tt Uepa'r menig14 '���� 7� P11X1pj.g CQ,iMj25on — Cupertino CUPERrino Page 4 oWPPROVED Case # TR-2022-047 ,%&p costs, MaIMMes, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or Approval Body: DjSgR �5%@ffproceeding. Approval Date 01/05/23 Signature Cathlke Np&eant shall agree to (without limitation) reimburse the City its actual attoq,)�C s 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 completed the (14) calendar day public posting and appeal period which ran from Tuesday, December 20,2022 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 Coast Redwood and planting the replacement tree. Please send the project planner a photograph of the planted 36-inch-box Chinese Pistache replacement tree within 30 days of the removal of the coast redwood at catherinetgcupertino.org so that the planner can then mark the permit as completed. Sincerely, 10125 Parkwood Avenue, CommGle. b ovAlpppmentgylmes wild tg14 �' 6 �4F Ply pu g_Qiyj2�pn — Cupertino CUPERTINO Page 5 APPROVED Case# TR-2022-047 Application Number(s) Approval BodW.-pjf&I;AprI/arc4nq# Approva I DatePeAiMc4ician Signature F } g-Qjb ion (408) 77 Wager catherinet@cupertino.org Enclosure: Removal and replacement plan