TR-2023-035 - Approval Action Letter Comm . F lopme t De+2U,161 jeLG4ITY DEVELOPMENT DEPARTMENT
PIE M�3-03
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 09/28/23
Signature 60pLfiffibgra?&g023
Case Manager
Tree Removal Approval Letter
Erh-Kong Chieh
10333 Degas Ct.
Tree Removal Permit, TR-2023-035
SUBJECT: RETROACTIVE TREE REMOVAL PERMIT ACTION LETTER— Application
TR-2023-035
This letter confirms the decision of the Director of Community Development, given on
Tuesday,September 26,2023,approving a Tree Removal permit for the removal of one(1)
protected Specimen tree (28"DBH Cedrus deodara,Deodar Cedar) located in the rear yard
of a residential property at 10333 Degas Court in Cupertino.
City staff, advised by the City's consultant arborist, has made the necessary finding
consistent with 14.18.180(A)(1) that the 28" Deodar Cedar proposed for removal is, "in
danger of falling, can cause potential damage to existing or proposed essential structures, or
interferes with private on-site utility services and cannot be controlled or remedied through
reasonable relocation or modification of the structure or utility services"
In the City arborist's evaluation, the damage to concrete is extensive and the only viable
way to prevent concrete in this area from being damaged in the future is tree removal.
These findings are necessary to grant the Tree Removal Permit in accordance with
Cupertino Municipal Code (CMC)Section 14.18.180 (A)(2).
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval for tree removal is based on the City of Cupertino's consultant arborist's
report, dated June 19, 2023, prepared by Scott Stringer, Consulting Arborist &Urban
Forester for HortScience / Bartlett Consulting (Certified Arborist #WE-5544A)
consisting of four (4) pages, including the report, a risk assessment for the tree,
photographs of the tree proposed for removal, and a site plan depicting the location
of the tree to be removed.
10333 Degas Court Page 2 of 5
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jo�gent Department
Planning Division—Cupertino
CUPERTINQ 2. AC(MRKQVff F THE PROTECT PLANS
Case # TM- $ roperty owner is responsible to verify all pertinent property data
Aw1utb"biMropt limited to property boundary locations,building setbacks,property
size, buildin square footage, any relevant easements and/or construction records.
Approval Body: Di e:tor./Sta
A% misrepresentation of any property data may invalidate this approval and may
Approval Date 09�Z,81?3jd;+ie pal rw,; ,
�e�a-
Signature Catherine Tarone
3. TRL�SRrM%!!CEMENT IN-LIEU FEE PAID
The owner of the property has chosen to pay the in-lieu tree replacement fee instead
of planting replacement trees per the requirements in CMC 14.18.160(B)(2) and (B)(4)
which states:
"2. The in-lieu fee for a mature specimen tree with trunk size equal to or less than thirty-six
inches, shall be based upon the purchase and installation cost of the replacement tree as
determined by the Director of Community Development.
4. If the subject property is within the R1,Al, A, RHS, and R2 zones, the person requesting
the tree 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 paid for this application consists of the wholesale cost of a 24-inch-box
Coast Live Oak tree which is $225.00 according to the City of Cupertino's arborist,
Jonathan Ferrante. The required replacement is for two 24-inch-box trees is $225
multiplied by 2 which is$450. The cost of installation is determined by the Northern
California Director of Industrial Relations Wage Determination which is $15.84 per
hour multiplied by 8 hours(which are work hours confirmed by the City's arborist for
the installation of two 24-inch-box trees which require 4 hours per tree to install)which
equals $126.72. So, $450 plus $126.72 equals $576.72 which is the total in-lieu
replacement tree fee paid on 8/22/2023.
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
10333 Degas Court Page 3 of 5
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Jo�gent Department
Planning Division—Cupertino
cuPERTIno NesARR RPMED and other birds shall be protected when in active use, as required by
Case # t1FpfQ423LOftratory Bird Treaty Act and the California Department of Fish and
riAT"1 R ber(s)
a. Construction and tree removal/pruning activities shall be scheduled to
Approval Body: Director/Stid the nesting season to the extent feasible. If feasible, tree removal
Approval Date 09/28/23 and/or pruning shall be completed before the start of the nesting season to
Signature Catherine TaronEhelp preclude nesting.The nesting season for most birds and raptors in the
Case Mana&n 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 or the removal of more than 3 trees 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. For the removal of 3 or fewer trees, the owner of the property or
the arborist may conduct the pre-construction survey for bird nests.
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
the qualified ornithologist until the nests no longer contain eggs or young
birds.
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.
10333 Degas Court Page 4 of 5
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Jo�gent Department
Planning Division—Cupertino
CUPERTINQ APPeRCNEi@al report on nesting birds and raptors,including survey methodology,
Case # TR-2023M5ey date(s), map of identified active nests (if any), and protection
Application Nu"-q�ures (if required), shall be submitted to the Planning Manager,
through the building permit review process, and be completed to the
Approval Body: Director/S tisfaction of the Community Development Director prior to the start of
Approval Date 09/28/23 aradina.
Signature Catherine Tarone
ITATION 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
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.
10333 Degas Court Page 5 of 5
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jo�gent Department
Planning Division—Cupertino
c u PE RTC N o 7. NO'A FRRO GEUS, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
Case # TIN-21086 of Project Approval set forth herein may include certain fees,
aUdiaubfi,NmT Qirements,reservation requirements, and other exactions.
Approval Bod)Xgjkk%F9n3 ed the(14)calendar day public posting period which ran from Monday,
Approval DateAu ,t2V 023 to Monday, September 11, 2023 at 5:00 pm and the public appeal period
which ran rom ues ay,September 12 to Tuesday,September 26,2023 at 5:00 PM and no
Signature Cather a jarone public comment regarding your application were received
FFuctiz[as anage
during this time.Please take down the noticing board that you posted on site and discard
it, and you may now proceed with removing the deodar cedar tree on your property. No
replacement tree is required because you paid the in-lieu fee for tree replacement.
Sincerely,
Catherine Tarone
Permit Technician
Planning Division
(408) 777-3297
catherinet@cupertino.org
Enclosure: Approved Tree Removal Application