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HomeMy WebLinkAboutTR-2026-024 - Approval Action Letter July 28, 2026 Kevin Chisholm 7041 Koll Center Parkway, Suite 120 Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT APPROVAL ACTION LETTER – Application TR- 2026-024 This letter confirms the decision of the Director of Community Development, given on Tuesday, July 28, 2026, approving a Tree Removal Permit for the removal and replacement of three protected 18-inch, 14-inch and 20-inch Liquid ambar Development trees in the common area just outside of the patio fence of an apartment unit of the Villages at Cupertino Apartments at 20990 Valley Green Drive 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 your proposal to remove all three Liquid ambar trees is consistent with both Findings for Approval #1 and #3: in CMC 14.18.180 Review, Determination and Findings: “That the trees are irreversibly diseased, or can cause potential damage to existing or proposed essential structures, or interfere with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services.” 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 City’s consultant arborist’s report states that, “the tree roots are likely damaging the wall and concrete patio slab.” 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 peer review arborist report, dated June 16, 2026, prepared by Ryan Suttle, Consulting Arborist & 20990 Valley Green Drive TR-2026-024 July 28, 2026 Page 2 of 5 Urban Forester with Hort Science | Bartlett Consultants (ISA Board Certified Master Arborist, Utility Specialist No. WE-12647BU; ISA Tree Risk Assessment Qualified; ASCA Registered Consulting Arborist #813; ASCA Tree and Plant Appraisal Qualified) consisting of two (2) 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. TREE REPLACEMENT The required replacement trees are two (2), 24-inch-box Quercus agrifolia (Coast Live Oak) trees, one (1) 24-inch-box Quercus rugosa (Netleaf Oak), and one (1) Quercus tomentella (Island Live Oak) planted facing Stelling Road as well as two (2) Lagerstroemia indica (Crepe Myrtle) trees planted in the interior of the property in the common area as depicted on the replacement tree plan. Each tree will be installed with irrigation and ivy and lawn will be cut back in a 4-foot radius at the base of each replacement tree as noted on the replacement tree plan. The replacement trees must be planted within 30 days of the removal of the tree. 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. 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. 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. 20990 Valley Green Drive TR-2026-024 July 28, 2026 Page 3 of 5 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 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. 20990 Valley Green Drive TR-2026-024 July 28, 2026 Page 4 of 5 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 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. 20990 Valley Green Drive TR-2026-024 July 28, 2026 Page 5 of 5 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 Monday 7/13/2026 through Monday, 7/27/2026 at 5:30 pm. No public comment regarding your tree removal permit has been received as of the issuance of this letter. The public appeal period runs from Tuesday, 7/28/2026 through Tuesday, 8/11/2026 at 5:00 PM. The noticeboard must continue to be displayed until the conclusion of the appeal period. Once the appeal period has concluded, you may take down the noticeboard and proceed with removing the three Liquid ambar trees and planting the replacement trees. Please send me a photograph of the planted replacement tree within 30 days of the removal of the trees at catherinet@cupertino.gov and then I can mark the permit as completed. Sincerely, Catherine Tarone Planning Permit Technician (408) 777-3297 catherinet@cupertino.gov Enclosure: Removal and replacement plan