TR-2022-050 - Approval Action Letter Comm . F lopme t De+2U,161 ieLG4ITY DEVELOPMENT DEPARTMENT
PIE M�2-05
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
Approva I Date 05/19/23
Signature bWeAe2WAne
Case Manager
Evan Fuller, A Plus Tree
10156 Camberley Ln, (De Anza Oaks Townhomes)
Tree Removal Permit, TR-2022-050
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2022-050
This letter confirms the decision of the Director of Community Development, given on
May 19,2023,approving a Tree Removal permit to consider the removal and replacement
of four(4)protected Development Trees(16.4"DBH River Birch,a fallen,hazardous 13.8"
DBH Purple Leaf Plum, a 27.3" DBH Monterey Pine and a 30.8" Evergreen Ash tree)
located within the De Anza Oaks townhome development at 10156 Camberley Lane
within the De Anza Oaks Townhome development.
City staff has made the necessary finding that the River Birch can be considered a dead
tree per CMC 14.18.020(D) "Dead tree"means a tree that is not living whatsoever as objectively
verifiable, or a tree that has declined to such an extent that its demise is imminent with no
opportunity for recovery or repair to a reasonable viable level as determined by the Director of
Community Development." The City's consultant arborist's report found that the River
Birch was severely drought stressed with minimal foliage and meets the City's definition
for a tree in a poor/dead condition.
City staff is able to make the finding that the Purple leaf plum, is "irreversibly diseased"
and meets finding 14.18.180(A)(1) due to the City's consultant arborist's evaluation of its
poor condition, the presence of termites, decay, borer activities, and dead and dying
branching.
City staff is able to make the finding that the Monterey pine, "is a detriment to the subject
property and cannot be adequately supported according to good urban forestry practices due to the
overplanting or overcrowding of trees on the subject property," and meets finding CMC
14.18.180(A)(3) due to the City's consultant's evaluation that the tree was growing on a
steep slope 4 to 5 feet above the house, several surface roots were growing against the
house and space was not adequate to support a mature tree of the size.
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Planning Division—Cupertino
CUPeRTIno City staA uE6Diake the findings that the Evergreen Ash, "is a detriment to the subject
Case # propTF�3�_Q�t be adequately supported according to good urban forestry practices
due Mid h-Onawa ting or overcrowding of trees on the subject property," and meets
CMC 14.18.180(A)(3) due to the City's consultant's evaluation that the tree was in fair
Approval Bodycongilctorl 11twould grow to be 80 ft. in height with a 60 ft. spread and had already
Approva I Date 04t�/19/ 3 n�t �,Q�+ � �{r,,,t yard lawn area and had displaced an adjacent water
Signature WWine Tarone
Case Manager
These findings are necessary to grant the Tree Removal Permit in accordance with the
listed Cupertino Municipal Code sections.
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval for tree removal is based on the applicant's arborist report, dated
February 20, 2022, prepared by Evan Fuller (Certified Arborist #WE-12508A)
consisting of twenty-two (22) pages, including the arborist report evaluating the
health of each tree, photographs of the trees proposed for removal, a site plan
depicting the location of the tree to be removed and the proposed locations for the
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
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.
3. TREE REPLACEMENT
Replacement trees (indicated on the Replacement Plan) include one 14-inch crepe
myrtle (red), two 24-inch-box Autumn Blaze Red Maples, one Tupelo tree, one 24-
inch-box Chinese Pistache, and one 24-inch-box crepe myrtle (white), planted as
shown on the tree replacement plan. For the removal of the 27.3" Monterey Pine, the
applicant has chosen to pay the in-lieu replacement fee due to a lack of planting space
on the property which is also supported by the City.
The 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 tree has been planted.
4. PROTECTED TREES
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c u PE RTC n o TheAPPROVE Diderstands that replacement trees may not be removed without a Tree
Case # 1T2f@5@it and that they shall be responsible for ensuring the proper
xpointona meeand care of the trees. The applicant shall also disclose the location and
species of all replacement trees on site upon sale of the property.
Approval Body: Director/Staff
Approval Dates uha RTRTIC
Signature Cath sTca Mtors and other birds shall be protected when in active use, as required by
the%*11* vfigratory 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.
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.
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,
OTRr�Q
101562C�aemberley Lane Page 4 of 5
Y1$;2(02�3ppComm to ment Department
Planning Division—Cupertino
CUPERTINQ AppRCK/pEbject activities are determined to be adversely affecting the nesting
Case # TR-2022-1056. Exclusion zones may be reduced by the qualified biologist only in
Application NuKal-j§u tation with California Department of Fish and Wildlife. The
protection measures and buffers shall remain in effect until the young have
Approva I Body: Director/Stet the nest and are foraging independently or the nest is no longer active.
Approva I Date 05/19/23
flitalrepurt on nusting birds and raptors,including survey methodology,
Signature Catherine Tarone�Ianzeay daW(s), map of identified active nests (if any), and protection
Case Mana�easures (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
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
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c u PE RTC N o prom@l RWEIAllenging the project approvals and related environmental review, if
Case # t>(iRaR]Desires to continue to pursue the project.
Application Number(s)
The Applicant shall agree that the City shall have no liability to the Applicant for
Approval Body: DlS-gs4 eruption, punitive, speculative, or consequential damages.
Approval Date 05/19/23
Signature &,NQTWE_O.F FEES, DEDICATIONS,RESERVATIONS OR OTHER EXACTIONS
ec,qp Jj9ps 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 comment period which ran from
Wednesday,4/12/2023 to Wednesday 4/26/2023,as well as the public appeal period which
ran from Wednesday 4/26/2023 to Wednesday 5/10/2023 at 5:00 pm. 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 tree and planting the replacement tree. Please send
the project planner a photograph of the planted replacement trees at
catherinet@cupertino.org within 30 days of the removal of the trees 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