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HomeMy WebLinkAboutTR-2025-034 - Approval Action Letter March 12, 2026 Jessy Jacquinot 6412 South 900 East, Suite 201 Murray, UT 84121 SUBJECT: TREE REMOVAL PERMIT APPROVAL ACTION LETTER – Application TR- 2025-034 This letter confirms the decision of the Director of Community Development, given on Thursday, March 12, 2026, approving a Tree Removal Permit for the removal of two (2) protected Development trees including one 20.5-inch and one 16-inch London Plane (Platanus hispanica) tree located in the common area of the Murano Townhomes HOA Planned Unit Development located at 20587 Murano Circle 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 or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure.” The City’s consultant arborist states that, “I agree that the trees have outgrown the planting area. Large surface roots have filled all available growing space in the small planters where the trees were located. Damage to hardscape was present near both trees. A new crack was present near tree #1 that was not present in the A Plus report. The sidewalk near 20605 Murano Circle was displaced and cracked.” “I believe the proposed removals meet criteria #1, above, given the repeated repair and mitigation for hardscape damage.” 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 January 20, 2026, prepared by Ryan Suttle, Consulting Arborist & Urban Forester with 20587 Murano Circle TR-2025-034 March 12, 2026 Page 2 of 5 Hort Science, Bartlett Consultants (ISA Board Certified Master Arborist, Utility Specialist No. WE-12647BU, ISA Tree Risk Assessment Qualified, ASCA Registered Consulting Arborist #831, ASCA Tree and Plant Appraisal Qualified), consisting of three (3) pages. 2. ACCURACY OF THE PROJECT PLANS The applicant/property owner is responsible for verifying 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. REPLACEMENT TREES REQUIRED The applicant has chosen to plant two 24-inch-box Autumn Blaze Red Maple (Acer × freemanii ‘Jeffsred’) replacement trees, but pay the in-lieu replacement tree fee for the remaining two required replacement trees. The applicant shall plant all replacement trees within 30 days of tree removal. 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 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. Therefore, $450 plus $132 equals $582 for the in-lieu fee for the two remaining required 24-inch-box replacement trees since four total replacement trees were required. 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 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. 20587 Murano Circle TR-2025-034 March 12, 2026 Page 3 of 5 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), 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. For projects that require the demolition or construction one single-family residence, ground disturbing activities affecting areas of up to 500 square feet, or the removal of up to three trees, the property owner or a tree removal contractor, if necessary, is permitted to conduct the preconstruction surveys to identify if there are any active nests. If any active nests with eggs or young birds are identified, the project applicant shall retain a qualified ornithologist or biologist to identify protective measures. For any other demolition, construction and ground disturbing activity or the removal of four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys. 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 20587 Murano Circle TR-2025-034 March 12, 2026 Page 4 of 5 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 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 20587 Murano Circle TR-2025-034 March 12, 2026 Page 5 of 5 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 comment period which ran from February 13, 2026 through February 26, 2026 and the public appeal period which ran from February 27, 2026 through March 12, 2026 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 both London Plane Trees. Sincerely, Catherine Tarone Planning Permit Technician (408) 777-3297 catherinet@cupertino.gov Enclosure: Removal and replacement plan