TR-2021-001 Action Letter CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
June 7,2021
Arborwell
Neil Woolner
2337 American Ave.
Hayward, CA 94545
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2021-001
This letter confirms the decision of the Director of Community Development, given on
June 7, 2021, approving a Tree Removal Permit to allow the removal of two (2)Redwood
(Sequoia sempervirens) development trees located near 10050 Firwood Drive and (1)
Monterey Pine (Pinus radiata) development tree located near 23017 Cricket Hill Road in
the De Anza Oaks HOA.
Staff has made the necessary findings that the trees are irreversibly diseased,are in danger
of falling, 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 or utility services;and that
the protected trees 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 finding is necessary to grant the Tree
Removal Permit in accordance with Cupertino Municipal Code (CMC) Section 14.18.180
(A)(1) and (3).
The application is approved with the following conditions:
1. APPROVED PROTECT
This approval for tree removal is based on the arborist report prepared by Neil
Woolner (ISA Certified Arborist, WE-2329-A) consisting of seven (7) pages, a tree
removal plan, a tree replacement plan, and supplemental photos consisting of eight
(8)pages, except as modified by the following conditions.
2. TREE REPLACEMENT
The required replacement is a total of six (6) 24-inch box trees to be planted on the
subject property within 30 days of tree removal. Four (4) Sequoia sempervirens will be
planted at 10050 Firwood Drive and two (2) Pinus radiata will be planted at 23017
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Cricket Hill Road as the replacement plantings. 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.
3. 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 trees. The applicant shall also disclose the location and
species of all replacement trees on site upon sale of the property.
4. 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.
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.
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,
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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.
Also,please note that an appeal of this decision can be made within fourteen(14)
calendar days from the date of this letter(Monday,June 21,2021 at 5:00 PM). Do NOT
REMOVE THE TREE(S)until the end of the appeal period. If an appeal is filed, you will
be notified of a public hearing date,which will be scheduled before the Planning
Commission.
Sincerely,
Erika Poveda
Associate Planner
(408) 777-3257
erikap@cupertino.org
Enclosure: Arborist report, removal plan, replacement plan, supplemental photos
CC: Daniel Rivera, 1625 The Alameda, San Jose, CA 95126