TR-2023-004 - Approval Action Letter Com . Fm lopme t De+2U,161 ieLG4ITY DEVELOPMENT DEPARTMENT
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sion - upe?FANNING DIVISION
�CUPERTIN4 ROVE
CITY HALL
Case # 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
LM—MMMINM Numbers TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
Approva I Body: Director/ Staff
Approva I Date 05/10/23
Signature 3'eA-Wene
Case Manager
Tree Removal Approval Letter
Vicki Ting
1053 West Hill Court
Tree Removal Permit, TR-2023-004
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2023-004
This letter confirms the decision of the Director of Community Development, given on
May 10, 2023, approving a Tree Removal permit for the removal and replacement of one
(1) protected Development Tree (40.6" DBH Monterey Pine tree) depicted on Tentative
Map TM-85-21 as a protected tree. Note the removal of a second large Monterey Pine tree
is also proposed, but is not included in the scope of this tree removal permit since the
second tree is not shown on the Tentative Map and does not require a permit to remove.
This proposed tree removal is in the rear yard of a single-family residence located at 1053
West Hill Court. The replacement tree will be one (1) 36-inch-box Carpinus betulus
(European Hornbeam) planted as shown on the tree replacement plan.
The City's consultant arborist agrees that the 40.6" DBH Monterey Pine tree proposed for
removal has caused observable damage to the patio from the many large surface roots,
sap accumulation and the potential to drop large pinecones. Staff has made the necessary
finding that 40.6" DBH Monterey Pine restricts the economic enjoyment of the property
by severely limiting the use of property in a manner not typically experienced by owners
of similarly zoned and situated property, and the applicant has demonstrated to the
satisfaction of the approval authority that there are no reasonable alternatives to preserve
the tree(s). These findings are necessary to grant the Tree Removal Permit in accordance
with Cupertino Municipal Code (CMC) Section 14.18.180 (13)(2).
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
November 19, 2022, prepared by Robert Weatherill (Certified Arborist #WE-1936a)
consisting of five(5)pages,including the report,photographs of the tree proposed for
u10n532 West Hill Court Page 2 of 5
May, 2�Z(Y2�3 p p
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Comm i to ment Department
Piannj@&jP�ivi�i.QPif$WPORting the location of the tree to be removed and a site plan
CUPERTINO depARR§GMWoposed location for the 36-inch-box replacement tree.
Case # TR-2023-004
2. # i CaUR,*Ok tOF THE PROTECT PLANS
The a pl' a property owner is responsible to verify all pertinent property data
Approval Body: Dire4 '/ ta
f u not limited to property boundary locations,building setbacks,property
Approval Date ing square f„atuse, Y relevant easements and/or construction records.
Signature CathA lflrQia!�resentation of any property data may invalidate this approval and may
req&P&UdIflonal review.
3. TREE REPLACEMENT
The required replacement tree is one The replacement tree will be one (1)36-inch-box
Carpinus betulus (European Hornbeam) planted as shown on the tree replacement
plan. 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
u10n532 West Hill Court Page 3 of 5
May, 2�Z(M p p
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Comm i to ment Department
Planning DivisioptrTe�T&-rli'ibq@ nesting habitats in and immediately adjacent to the
CUPERTINQ APPM&Rtruction areas for nests.
Case # TR-2923 g,,r-,TeI_._.?s not identify any nesting birds that would be affected by
Application Nu col-dtruction activities, no further mitigation is required. If an active nest
Approval Body: Director/Staining viable eggs or young birds is found sufficiently close to work
Approval Date 05/10/23 areas to be disturbed by these activities, their locations shall be
documented,and protective measures implemented under the direction of
Signature Catherine Taron Efu agr4e,, e r;,-.heogist until the nests no longer contain eggs or young
Case Man ger
�irds.
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'
fees, and other costs, liabilities, and expenses incurred in connection with such
u10n532 West Hill Court Page 4 of 5
Ma (M Z p p
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Comm i to ment Department
P I a nny, 2�JQMAgr1ghPMpp WRgred by the Applicant, the City, or the parties initiating or
CuPERTIN0 bri4RPgWWfRoceeding.
Case # TR-2023-004
ATpOWh4WUw&p,J,)shal1agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and
Approval Body: D�Mt%;OWIude amounts paid to the City's outside counsel and shall include City
Approval Date AMP time and ovPrhParl costs and other City staff overhead costs and any costs
Signature Cathdi#wthoracakated to the litigation reasonably incurred by City. The applicant shall
likeWis&agtw 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 comment period which ran from
Tuesday, April 11, 2023 to Tuesday, April 25, 2023 and you have completed the 14-
calendar day public appeal period which ran from Wednesday April 26, 2023 to
Wednesday, May 10, 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 at the front of your property, and you may now
proceed with removing both Monterey Pine trees and planting the replacement tree.
Please send me a photograph of the planted 36-inch-box European Hornbeam
replacement tree within 30 days of the removal of the Monterey Pine tree
catherinet@cupertino.org so that the planner can then mark the permit as completed.
Sincerely,
Catherine Tarone
Permit Technician
Planning Division
1053 West Hill Court Page 5 of 5
Comm TR[�y -00410pment Department
May 10,F
Planning Division — Cupertino
CUPERTINO (408) 77P-FVROVED
Case# cathTi{ KR026* 4io.org
Application Number(s)
E losure: R moral and replacement plan
Approva I Body: ,rector/ to
Approva I Date 05/10/23
Signature Catherine Tarone
Case Manager