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
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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.
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TR-2026-024
July 28, 2026
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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.
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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.
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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