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TR-2023-009 - Action Letter (hazardous)Comm . F Iopmevt De(EUIMM41TY DEVELOPMENT DEPARTMENT PI11499F sion — upe?FANNING DIVISION �CUPERTIN4 ROVE CITY HALL Case # 23-009 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 07/17/23 Signature MYeAEM6ne Case Manager Martin Ku 22126 Linda Vista Tree Removal Permit, TR-2023-009 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER — Application TR-2023-009 This letter confirms the decision of the Director of Community Development, given on July 14, 2023 approving a Tree Removal Permit to allow the removal of one (1) hazardous 23-inch DBH protected Blue Atlas Cedar tree that had previously fallen in the rear yard of a property at 22126 Linda Vista Place. No replacement tree will be planted as the applicant has opted to pay the in -lieu replacement tree fee. Staff has made the finding that the protected tree poses is classified as a hazardous tree as it previously fell. The finding is necessary to grant the tree removal permit in accordance with the definition provided in Cupertino Municipal Code (CMC) Section 14.18.150(B)(1) of the City's Protected Tree Ordinance. The application is approved with the following conditions: APPROVED PROJECT This approval is based on the photos of the fallen tree and application provided to staff dated January 12, 2023. 2. ACCURACY OF THE PROJECT 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. IN -LIEU TREE REPLACEMENT FEE No tree replacement is required because the applicant has opted to pay the in -lieu tree replacement fee. Staff has collected the fee and is now able to issue the tree removal approval. 22126 Linda Vista Place TR: 0 -009 Comm�au 64 2eoy"5lopment Department Planning Division —Cupertino Page 2 of 3 cuPERTINQ 4. PRO ' FMYVEZREES Case # TM4"ao oWderstands that replacement trees may not be removed without a Tree and that they shall be responsible for ensuring the proper maintenance and care of the tree. The applicant shall also disclose the location and Approval Body: Director/ of afffreplacement trees on site upon sale of the property. Approval Date 07/17/23 Signature 6at4N NAFICATION AND LIMITATION OF LIABILITY As part ma 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 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. 6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS 22126 Linda Vista Place Page 3 of 3 Comm TnRni�o/2-eo9lopment Department Yuly 7 ,'2 Planning Division — Cupertino CUPERTINO TheARRRIUMBD of Project Approval set forth herein may include certain fees, Case # dTQifiMfl-OQQirements, reservation requirements, and other exactions. Application Number(s) CMC 14.18.150(B)(2) Exemptions, permits the removal of hazardous trees before the Approval Body: Director roovalssaff granted provided that a retroactive tree removal permit is submitted Approval Date to„�ul L/ Signature Catherine Tarone Case Manager Sincerely, Catherine Tarone Permit Technician Planning Division (408) 777-3297 catherinet@cupertino.org