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HomeMy WebLinkAboutTR-2025-002 - Action Letter (hazardous) February 12, 2026 Christa Perez 4071 Koll Center Parkway Pleasanton, CA 94566 Tree Removal Permit, TR-2025-002 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2025-002 This letter confirms the decision of the Director of Community Development, given on February 12, 2026 approving a Retroactive Tree Removal Permit permitting the previous removal and replacement of four (4) leaning and hazardous Aleppo Pine trees (14”, 10”, 17” and 21”-diameter) located on a steep slope supported by a retaining wall over- hanging a community swimming pool within the De Anza Oaks Townhome HOA at 22970 Surrey Circle in Cupertino. Staff has made the finding that the protected trees are classified as hazardous trees as Tree #1 (14” Aleppo Pine) developed a severe split in the trunk, Tree #2 (10” Aleppo Pine) is infected with gall insects and has poor structure since it had been topped to reduce the end weight and would not be able to continue growing at the steep lean, Tree #3 (17” Aleppo Pine) the trunk is bending under the weight of the canopy on the steep slope and Tree #4 (21” Aleppo Pine) has numerous dead branches and developed splits in the wood where a large branch had previously broken due to pressure on the wood due to the steep slope. 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 PROJECT This approval is based on an arborist report by Arbor MD Tree Care Inc., prepared by Dustie Rushing (ISA TRAQ Certified Arborist WE-10084A), dated January 2, 2025, consisting of 20 pages. This approval is also based on a second arborist report by Arbor MD Tree Care Inc., prepared by Dustie Rushing (ISA TRAQ Certified Arborist WE-10084A), dated February 7, 2025, consisting of 5 pages and which analyzes options to plant shrubs or ground cover on the slope where the trees will be removed to reduce erosion. 22970 Surrey Circle De Anza Oaks Townhomes HOA TR-2025-002 February 12, 2026 Page 2 of 3 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. TREE REPLACEMENT The required tree replacements are seven trees consisting of two 24-inch-box Western Redbud trees, two 24-inch-box Chinese Pistache trees, one 24-inch-box October Glory Maple trees, one 24-inch-box Black Tupelo tree and one 24-inch-box Armstrong Red Maple trees, planted on the subject property in the area as specified on the replacement tree plan. Replacement trees must be planted within 30 days of the removal of the trees, or within 30 days of this approval letter, if the trees were previously removed. 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. The applicant will also be planting five 15-gallon Toyon bushes at least 10’ above the hillside for erosion control on the slope where the trees were removed. 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 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. 22970 Surrey Circle De Anza Oaks Townhomes HOA TR-2025-002 February 12, 2026 Page 3 of 3 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. 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 Planning Permit Technician (408) 777-3297 catherinet@cupertino.gov