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TR-2025-013 - Approval Action Letter June 18, 2025 Charles Rosenberg 6033 Shadygrove Dr. Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2025-013 This letter confirms the decision of the Director of Community Development, given on June 18, 2025 approving the Tree Removal Permit to allow the removal of one 21 3/8-inch- DBH, specimen Cedrus deodara (Deodar Cedar) located in the front yard on the left side of the driveway of a residence located at 6033 Shadygrove Drive in Cupertino. Staff has made the necessary findings contained in CMC 14.18.180 that the tree proposed for removal can cause potential damage to existing essential structures and cannot be controlled or remedied through reasonable relocation or modification of the structure, and that the protected tree(s) are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to the overplanting or overcrowding of trees on the subject property. The 21 3/8” DBH Deodar Cedar is located 5’-3” from the wall of the residence (within the 15’ to 20’ Deodar Cedar canopy span), tree branches overhang the residence’s roof and the homeowner has received an inspection report from their property insurance company identifying that there are tree hazards in close proximity to the home. Additionally, per the photographs submitted with the application, the tree’s roots are uplifting the homeowner’s driveway and has caused it to crack and is uplifting the neighbor’s driveway. Finally, there are three Deodar Cedar trees planted in a row to the left of the driveway, spaced 5’-6” apart and so the trees will become overcrowded as they mature. These findings are necessary to grant the Tree Removal Permit in accordance with Cupertino Municipal Code (CMC) Section 14.18.180 (A)(1) and CMC 14.18.180(A)(3). The application is approved with the following conditions: TR-2025-013 Page 2 of 4 6033 Shadygrove Drive June 18, 2025 1. APPLICATION AND SUPPORTING DOCUMENTATION This approval for tree removal is based on the photographs, measurements and insurance property inspection report submitted by the owner of the property, Charles Rosenberg, on May 7, 2025 and May 31, 2025, as well as the arborist evaluation dated 3/18/2025, composed by certified arborist, James R. Lewis (#WE3984A) with The Tree Team, Tree Care Professionals. 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 The required replacement for the removal of one 21’-3/8”-diameter protected tree is two 24-inch-box trees. However, the owner of the property has chosen to pay the in- lieu replacement tree fee for two 24-inch-box trees since the property has multiple existing trees which limits replanting locations. In-Lieu Fee Calculation for Two 24-Inch-Box Trees: The City uses the cost of a coast live oak tree to determine the in-lieu fee. Per the Public Works division’s arborist 24- inch-box oak trees are $225 each which is $450 for two, while one 36-inch-box oak tree is $595, so I will use the less expensive amount of $450. Then the cost of installation is from the 2025 Northern California Director of Industrial Relations Wage Determination for a Landscape Maintenance Laborer in Santa Clara County which is $16.50 per hour multiplied by 8 hours (4 hours to install each of the two 24- inch-box tree, confirmed by the City’s Public Works arborist) which equals $132. So, $450 plus $132 equals $582 multiplied by 1.5 which equals $873 for the in-lieu fee for the two required 24-inch-box replacement trees. 4. 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. b. If construction activities and any required tree removal occur during the nesting season (February 1 and August 31), the owner of the property or tree removal service shall conduct a preconstruction visual inspection of TR-2025-013 Page 3 of 4 6033 Shadygrove Drive June 18, 2025 the tree prior to removal. 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. 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 a 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. 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 TR-2025-013 Page 4 of 4 6033 Shadygrove Drive June 18, 2025 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 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. If an appeal is filed, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Please wait to remove the tree until the Sincerely, Catherine Tarone Planning Permit Technician (408) 777-3297 catherinet@cupertino.gov