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HomeMy WebLinkAboutTR-2026-021 - Approval Action Letter June 2, 2026 Punit Jain 1195 Yorkshire Court Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT APPROVAL ACTION LETTER – Application TR- 2026-021 This letter confirms the decision of the Director of Community Development, given on Tuesday, June 2, 2026, approving a Tree Removal Permit for the removal of one (1) covenant-protected 13-inch DBH Morus alba (Fruitless White Mulberry) privacy planting tree, originally required by DIR-2013-012 to screen 2nd story windows on the west side of the residence at 1195 Yorkshire Drive. The applicant provided a letter from the neighboring property owner to the west at 1191 Yorkshire Drive supporting the removal of the White Mulberry and stating that existing privacy trees are sufficient. The applicant also provided an arborist report by certified arborist, Paris Muise, and supporting photographs documenting that the remaining covenant-protected privacy trees, including two Arbutus unedo Strawberry trees (trees #T2) and a Ligustum japonicum ‘Texanum’ (Wax Leaf Privet) (hedge #1), that according to that applicant’s arborist report, “achieve effective privacy since these trees and hedge provide dense, year-round screening and adequate height and coverage along key sightlines.” The applicant’s arborist report states that the White Mulberry is located approximately 11 feet from the residence, “creating long- term concerns related to root expansion, canopy encroachment, and maintenance,” and “provides minimal to no effective privacy screening due to “limited canopy density, and positioning that does not interrupt primary sight lines.” Staff also notes that Mulberry trees are deciduous and so the tree only has leaves and branches for half of the year. City staff 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.” 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: 1195 Yorkshire Court TR-2026-021 June 2, 2026 Page 2 of 5 1. APPROVED PROJECT This approval for tree removal is based on the applicant’s arborist’s report, dated May 5, 2026, prepared by Paris Muise, certified arborist with Ian Geddes and Associates Arboricultural Consulting (WE-15616A), consisting of five (5) pages, as well as photographs of the existing trees and shrubs taken from the 2nd story windows provided by the owner of the property. 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 TREE REQUIREMENT WAIVED The applicant’s arborist report demonstrates that existing covenant-protected privacy planting including two Arbutus unedo Strawberry trees (trees #T2) and a Ligustum japonicum ‘Texanum’ (Wax Leaf Privet) (hedge #1), provide sufficient privacy. Additionally, the neighboring property owner to the west at 1191 Yorkshire Drive submitted a letter supporting the removal of the White Mulberry and stating that existing privacy trees are sufficient. Consequently, staff is able to waive the requirement to plant replacement trees for the removal of the 13-inch DBH While Mulberry privacy tree, since no additional privacy planting is needed at this time. 4. REVISED PROTECTED TREES COVENANT 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. The owners of this property have recorded with the Santa Clara County Recorder’s Office a new revised Notice of City Requirement to Maintain Tree(s) covenant reflecting the approval of TR-2026-021 permitting the removal of the 13-inch Fruitless White Mulberry (tree #2) from the west side property line. Additionally, the new revised covenant reflects the removal of a Monterey Pine tree on the adjacent property to the west at 1191 Yorkshire Court (Tree #3) that had been mistakenly included in the covenant’s list of protected privacy trees. This revised covenant also reflects the addition of two (2) Podocarpus gracilior (Fern Pine, trees # T3) required by DIR-2013- 012 to fill in gaps in the privacy planting along the rear south property line. Finally, the revised Privacy Trees Covenant reflects the removal of the 20-inch DBH Coast Live Oak located along the west side property line (tree #6), granted by TR-2017-08, and its replacement in the same location with one (1) Podocarpus gracilior (Fern Pine, tree #6). 1195 Yorkshire Court TR-2026-021 June 2, 2026 Page 3 of 5 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 tree removal/pruning activities occur during the nesting season (February 1 and August 31), preconstruction surveys shall be conducted as follows: c. No more than 7 days prior to the start of tree removal/pruning activities, in order to identify any active nests with eggs or young birds on the site and surrounding area within 100 feet of construction or tree removal activities. d. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground-disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction areas for active nests, while ensuring that they do not disturb the nests as follows: e. For projects that require 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. f. 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. g. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, ground-disturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds. h. 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 1195 Yorkshire Court TR-2026-021 June 2, 2026 Page 4 of 5 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. i. 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 1195 Yorkshire Court TR-2026-021 June 2, 2026 Page 5 of 5 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. 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 14-day appeal period has concluded. Sincerely, Catherine Tarone Planning Permit Technician (408) 777-3297 catherinet@cupertino.gov Enclosure: Removal and replacement plan