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TR-2023-019 - Approval Action Letter Comm . F lopme t De+2U,161 ieLG4ITY DEVELOPMENT DEPARTMENT PIE M�3-01 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 Approval Body: Director/ Staff Approva I Date 05/24/23 Signature bWeNe2WAne Case Manager John and Barbara Mein 10978 Sycamore Drive Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2023-019 This letter confirms the decision of the Director of Community Development, given on May 24,2023, approving a Tree Removal Permit to allow the removal and replacement of one (1)Tree Removal Permit proposing the removal and replacement of one(1)protected specimen tree (42" DBH, multi-trunk Coast Live Oak) on a property at 10978 Sycamore Drive. Staff has made the necessary findings that the 42-inch, multi-trunk Coast Live Oak tree proposed for removal is located within 8 feet of the residence, 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. The finding is 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. APPLICATION AND SUPPORTING DOCUMENTATION This approval for tree removal is based on the application submitted by the owner of the property, John C. Mein, consisting of 3 pages including photographs of the tree proposed for removal, a site plan depicting the location of the tree to be removed and justification statement explaining the reason for the removal of the 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. 10978 Sycamore Drive Page 2 of 4 Community26-61 elopment Department P I On n ,E[> iVi1Rn '�`0 no CUPERTINQ TheAppkOVt has chosen to pay the in-lieu replacement fee. Since there is room for Case # 1�f�Q iSrWlgcement tree on the property, the replacement tree cost was multiplied Uli a ,ft% q cost Approval Body: DIr@FMA -*AV8.160 In lieu fees. The following provisions apply to all zones unless Approva I Date 95441 emoted below: Signature CatheriA TY&subject property is within the R1,Al,A, RHS, and R2 zones, the person reqtmR4x9diotree removal permit has the option to pay the fee in-lieu of planting a replacement tree. Where the applicant would like to plant a replacement tree, but demonstrates it is physically infeasible to plant on the subject property, the in-lieu fee shall be based on the purchase and installation cost of the replacement tree as determined by the Director of Community Development. In cases where it is physically feasible to plant, but the applicant chooses to pay the in-lieu fee instead of planting a replacement tree on the subject property,payment shall be equivalent to one and one-half the calculated in-lieu tree replacement fee." The in-lieu fee for the cost of the replacement tree is$1,082.58,which is based on the following: Whole sale price of a 36-inch-box Quercus agrifolia (Coast Live Oak) -$595.00 (provided by the City's arborist,Jonathan Ferrante.) Cost of Installation -$126.72 ($15.84 per hour x 8 hours) Total Labor+Tree-$721.72 Total in Lieu Fee (Cost+Labor x 1.5) -$1,082.58 4. PROTECTED TREES The applicant understands that replacement trees may not be removed without a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the tree. The applicant shall also disclose the location and species of all replacement trees on site upon sale of the property. 5. NESTING BIRDS Nests of raptors and other birds shall be protected when in active use, as required by the federal Migratory Bird Treaty Act and the California Department of Fish and Game Code. 6. INDEMNIFICATION AND LIMITATION OF LIABILITY As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City's choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the "indemnified parties") from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as "proceeding")brought by a third party against one or more of the indemnified parties 10978 Sycamore Drive Page 3 of 4 Community26-61 elopment Department Pla nn,rngDN.,visi=nr-e Cfuf rkidcmnified parties and the applicant related to any Ordinance, c U PE RT,N o Res(App R'G.oF Action approving the project, the related entitlements, environmental Case # r� e �l�cffnts, finding or determinations, or any other permit or approval ,qjA-*,7w—w—Atg—f,)The project. ne indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' Approval Body: D tgrr/dSt4ffier costs, liabilities, and expenses incurred in connection with such Approva I Date PrW&Aig whether incurred by the Applicant, the City, or the parties initiating or Signature Cathq **3$Wh proceeding. Case Manager 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 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. Please note that an appeal of this decision may be made within 14 calendar days from the date of this letter(ending at 5:00 pm on June 7,2023). Please wait to remove the tree until the appeal period has passed.If an appeal is filed,you will be notified of a public hearing,which will be scheduled before the Planning Commission. Sincerely, Catherine Tarone Permit Technician Planning Division 10978 Sycamore Drive Page 4 of 4 Communiiy'6-e0velopment Department P1ann(6§8QiVi94&97- Cupertino CUPERTINO cat n - - ertino.org Case# TR-2023-019 Application Number(s) Approval Body: Director/Staff Approva I Date 05/24/23 Signature Catherine Tarone Case Manager