TR-2023-003 - Approval Action LetterComm . F lopmevt De(EUIMM41TY DEVELOPMENT DEPARTMENT
PI11499F
sion - upe?FANNING DIVISION
�CUPERTIN4 ROVE
CITY HALL
Case # 3-00 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
LTMpopori"'w Numbers TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
Approval Body: Director / Staff
Approva I Date 05/12/23
Signature 6MYeAge2WAne
Case Manager
Tree Removal Approval Letter
Angel Juarez Cuervas, Lewis Tree Service
22647 Royal Oak Way
Tree Removal Permit, TR-2023-003
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2023-003
This letter confirms the decision of the Director of Community Development, given on
May 12, 2023, approving a Tree Removal permit proposing the removal and replacement
of one (1) protected specimen and development tree (19" DBH Valley Oak) located within
the Westbrook HOA in the common area adjacent to a private patio at 22647 Royal Oak
Way and its replacement with one (1) 36-inch-box Quercus douglasii (Blue Oak) and one
24-inch-box Cercis occidentalis (Western Redbud) located as shown on the replacement tree
plan.
City staff has made the necessary finding that the Valley Oak proposed for removal is in
danger of falling, 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:
APPROVED PROJECT
This approval for tree removal is based on the applicant's arborist report, dated
October 11, 2022, prepared by Greg Miller (Certified Arborist #WE-6323A) consisting
of thirteen (13) 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
depicting the replacement tree location.
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.
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Case #
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AnyWRWEDntation of any property data may invalidate this approval and may
rf4Rtj2@2dcl0ftal review.
Application Number(s)
3. TREE REPLACEMENT
Approval Body: D ctor t ft
fRe req ire replacement tree is one (1) 36-inch-box Quercus douglasii (Blue Oak) and
Approval I Date 05/1 Z3nb ho- ro ---;dgntg1i
pp � '�- _ _�._ _..r-�ss-e- s (Western Redbud). The applicant shall provide the
Signature Cat!:@ftRwwi0 of Community Development adequate documentation, including but not
limi# l b fflbtographs, 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 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
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CUPERTINQ APPRCI#EQualified ornithologist until the nests no longer contain eggs or young
Case # TR-2023Jk1CtS•
Application&u fti� Clive measures shall include establishment of clearly delineated
Approval Body: Director / St%fflusion zones (i.e. demarcated by identifiable fencing, such as orange
Approval Date 05/12/23 construction fencing or equivalent) around each nest location as
determined by Tf alified ornithologist, taking into account the species
Signature Catherine TaronUf t,;,., g „eagWgg the-i tolerance for disturbance and proximity to existing
Case Man'Tevelopment. 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'
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
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c u PE RTC N o Attd t � R QVF @nd overhead costs and other City staff overhead costs and any costs
Case # dFRc292t1%3 to the litigation reasonably incurred by City. The applicant shall
4 4iuwt se gu r(�o indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys' fees, or costs awards, including attorneys' fees
Approval Body: Direct odr / Staff
awar Tedun er Code of Civil Procedure section 1021.5, assessed or awarded against
Approval Date L12µ,i fod r��e�. The —Applicant shall cooperate with the City to enter a
Signature CathRdf 5ummnent Agreement to govern any such reimbursement.
Case Manager
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 April 7, 2023 to April 21, 2023. You have also completed the public appeal period
which ran from Saturday, April 22 to Saturday May 6, 2023. 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
me a uhotoaravh of the vlanted 36-inch-box Ouercus douvlasii (Blue Oak) and one 24-
inch-box Cercis occidentalis (Western Redbud) within 30 days of the removal of the
Coast Redwood at catherinet@cupertino.org so I 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