TR-2023-036 - Action Letter (hazardous)Comm . F lopmebt De(EUIMM41TY DEVELOPMENT DEPARTMENT
PI11499F
sion — upe?FANNING DIVISION
�CUPERTIN4 ROVE
CITY HALL
Case # 23-03q 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
in" =661 Numbers TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
Approval Body: Director / Staf
Approval Date 07/27/23
Signature bAYeNne2qNone
Case Manager
Qingyu Li
10554 Santa Lucia Road
Tree Removal Permit, TR-2023-036
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER — Application TR-2023-036
This letter confirms the decision of the Director of Community Development, given on
July 27, 2023 approving a Tree Removal Permit to allow the removal of one (1) hazardous
17.5-inch DBH protected Coast Live Oak tree that had previously fallen on a residential
property at 10554 Santa Lucia Road. 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 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:
1. APPROVED PROTECT
This approval is based on the photos of the fallen tree and application provided to
staff dated 3/29/2023.
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.
10554 Santa Lucia Road Page 2 of 3
TR.- 0 -036
Comm�au y� yglopment Department
Planning Division —Cupertino
CUPERTINQ 3. IN-TAPERTRY&IREPLACEMENT FEE
Case # IT®2t3LIgoonent is required because the applicant has opted to pay the in -lieu tree
xqn1@a&membEfrw. Staff has collected the fee and is now able to issue the tree removal
approval.
Approva I Body: Director / Staff
Approva I Date,, PZR'rFn TTZRFC
Signature CathEhueaft6cant understands that replacement trees may not be removed without a Tree
RerWMa"PYmit 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. 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
10554 Santa Lucia Road
Page 3 of 3
¢yt.l It
Case #
TR.- 0 -036
Comm�au y� yglopment Department
Planning Division —Cupertino
pro(APRR@V8Qllenging the project approvals and related environmental review, if
tIFRaR]D) *sires 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: Dl�-Rs4 r Aruption, punitive, speculative, or consequential damages.
Approval Date 07/27/23
6. NOTICE OF 'FEES, DEOWWTIONS, RESERVATIONS OR OTHER EXACTIONS
Signature Cat!2pp pejj�.„. „{ n,,,;o + epproval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions.
CMC 14.18.150(B)(2) Exemptions, permits the removal of hazardous trees before the
approval is granted provided that a retroactive tree removal permit is submitted
within 5 days.
Sincerely,
Catherine Tarone
Permit Technician
Planning Division
(408) 777-3297
catherinet@cupertino.org