TR-2023-024 - Approval Action Letter Comm . F lopme t De+2U,161 jeLG4ITY DEVELOPMENT DEPARTMENT
PIE M�3-02
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
Approval Date 11/13/23
Signature '�ii ��je' ,�023
Case Manager
Sharon Armstrong
Meadows of Cupertino HOA
10080 Scenic Blvd.
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERMIT APPROVAL ACTION LETTER—Application TR-
2023-24
This letter confirms the decision of the Director of Community Development, given on
Monday,November 13,2023,approving a Tree Removal permit for the removal of one(1)
protected Development tree (a 21-inch, multi-trunk Aleppo Pine) located in the common
area of The Meadows HOA, across from 10112 Adelheid Ct. 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 21-inch Aleppo Pine proposed for removal is
"irreversibly diseased, 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"
In the City's consultant arborist's evaluation, the tree is leaning toward the housing units
and road and there are significant structural weaknesses in the trunk associated with the
main branch unions that could cause it to fail as evaluated by both the applicant's arborist
as well as the city's consultant arborist.Additionally, the City's consultant arborist found
evidence of a minor presence of Red-Haired Pine Bark Beetle (Hylurgus ligniperda),which
is known to feed on the lower trunk and roots of declining Aleppo Pine.
These findings are 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. APPROVED PROJECT
This approval for tree removal is based on the applicant's arborist report, dated
December 13,2022, prepared by Lucy Leeburg, a Certified Arborist for Saratoga Tree
Common Area of The Meadows of Cupertino HOA
Acr Vrorn 0112 Ad 1 eid Ct in Cu ertino
Comme� �opmen epartment
Pl�p�.riigi Cupertino
CUPERTiNo Page 2 oAPPROVED
Case # TR-2023-024
gNg,VQrti5ei1 Ar-b-or-1Tf-#427) consisting of one (1) page. This approval is also
based on a peer review report composed by the City of Cupertino's consultant
Approval Body: D�"gt�§Afty Gilleran with West Coast Arborists (ASCA Registered Consulting
Approval Date Al"01688, ISA Board Certified Master Arborist#WE7061-BM).
Signature Catherine Tarone
2. ACCURAGk6QF 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. TREE REPLACEMENT
The required replacement trees are one 24-inch-box Coast Live Oak(Quercus agrifolia)
and one 24-inch-box Desert Willow (Chilopsis linearis) as depicted on the replacement
tree plan. The replacement trees must be planted within 30 days of the removal of
the tree. 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 trees have 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
Common Area of The Meadows of Cupertino HOA
Acr Vrorn 0112 Ad 1 eid Ct in Cu ertino
Comme0 �opmen epartment
Pl�p�.riigi Cupertino
CUPERTiNo Page 3 oAPPROVED
Case # TR-2023-024
Application Nu @,ysj prior to Me start of tree removal, pruning or construction.
Preconstruction surveys shall be repeated at 14-day intervals until
Approval Body: Director/Ststruction has been initiated in the area after which surveys can be
Approval Date 11/13/23 stopped. During this survey, the ornithologist shall inspect all trees and
Signature Catherine Taroneother possible nesting habitats in and immediately adjacent to the
case Manfopstruction areas Tor 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.
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
Common Area of The Meadows of Cupertino HOA
Acr Vrorn 0112 Ad 1 eid Ct in Cu ertino
Comm $0 T opmen epartment
Pli23-Cupertino
CUPERTiNo Page 4 oAPPROVED
Case # TR-2023-024
AR};pSpq age roug y a ird party against one or more of the indemnified parties
or one or more of the indemnified parties and the applicant related to any Ordinance,
Approval Body: Dk@oRCtjA action approving the project, the related entitlements, environmental
Approva I Date reyi &cements, finding or determinations, or any other permit or approval
Signature CatWig@Oefor the project. The indemnification shall include but not be limited to
danca"94cm, 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.
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 posting period which ran from Tuesday,
October 10, 2023 to Tuesday, October 24, 2023 at 5:00 pm and the public appeal period
which ran from Wednesday, October 25, 2023 to Wednesday, November S, 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 on
site, and you may now proceed with removing the Aleppo Pine and planting the
replacement tree. Please send me a photograph of the Planted 24-inch-box Coast Live
Common Area of The Meadows of Cupertino HOA
Acr Wrorn 0112 Ad 1 eid Ct in Cu ertino
Comm �opmen epartment
Pl�p�.rigigi Cupertino
CUPERTiNo Page 5 oAPPROVED
Case # TR-2023-024
I,Ya�IW,gi : xDesert i ow within 30 days of the removal of the Aleppo Pine
at catherinet@cu ertino. ov and then I can mark the permit as completed.
Approval Body: Director/Staff
Approval Date 11/13/23
Signature �WWLVTarone
C se Manager
Catherine Tarone
Planning Permit Technician
Planning Division
(408) 777-3297
catherinet@cupertino.gov
Enclosure: Removal and replacement plan