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Home My WebLink AboutTR-2025-025 - Approval Action Letter November 14, 2025 John Buenz 22115 Dean Court Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT APPROVAL ACTION LETTER – Application TR- 2025-025 This letter confirms the decision of the Director of Community Development, given on Friday, November 14, 2025, approving a Tree Removal Permit for the removal of one (1) protected 33-inch-diameter, Coast Live Oak (Quercus agrifolia) in the corner of a privately- owned front patio of a property within the Meadows Townhomes HOA at 22115 Dean Court in Cupertino. City staff, advised by the City’s consultant arborist, has made the necessary finding consistent with CMC 14.18.180(A)(1) that the tree proposed for removal, “can cause potential damage to existing or proposed essential structures and cannot be controlled or remedied through reasonable relocation or modification of the structure.” The City’s consultant arborist states that, “The tree has outgrown its planting area. Branches extended 15 feet over the client’s and a neighbor’s house. Lack of interior growth and branches leave few options in terms of how much the crown may be reduced without violating ISA standards and damaging the tree. It is likely that the tree’s roots will damage the garage foundation…Roots have already impacted the patio and concrete pathway at the entrance to the property.” This finding is 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 City’s consultant arborist’s report, dated October 2, 2025, prepared by Scott Wheeler, an ISA Certified Arborist with Hort Science, Bartlett Consultants (Registered Consulting Arborist #881, ISA Board- Certified Master Arborist #WE-10187B, ISA Tree Risk Assessment Qualified, ASCA Tree and Plant Appraisal Qualified), consisting of four (4) pages. 22115 Dean Court TR-2025-025 November 14, 2025 Page 2 of 5 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. NO TREE REPLACEMENT REQUIRED Staff, overseen by the Assistant Planning Director, is waiving the requirement to plant a replacement tree, due to the very limited planting area in this townhome development, consistent with the City’s consultant arborist’s feedback that, “There is no room to plant similar replacement trees in the rear of the residence due to the presence of established trees of various size both within and adjacent to the property.” No replacement trees are required to be planted for this tree removal. 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 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. 22115 Dean Court TR-2025-025 November 14, 2025 Page 3 of 5 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 “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 22115 Dean Court TR-2025-025 November 14, 2025 Page 4 of 5 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 Friday, October 17, 2025 to Friday, October 31, 2025 at 5:00 pm and the public appeal period which ran from Friday, October 31, 2025 to Friday, November 14, 2025 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 noticeboard that you posted on site, and you may now proceed with removing the oak tree. Sincerely, Catherine Tarone Planning Permit Technician (408) 777-3297 catherinet@cupertino.gov 22115 Dean Court TR-2025-025 November 14, 2025 Page 5 of 5 Enclosure: Removal and replacement plan