TR-2021-004 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 3,2021
Kevin Allen
1066 Lily Avenue
Sunnyvale, CA 94086
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2021-004
This letter confirms the decision of the Director of Community Development, given on
June 3, 2021 approving a Tree Removal Permit to allow the removal of two (2)
development trees (Monterrey Pines), located at 21771 Stevens Creek Blvd. Based on the
information submitted with the application, staff has made the finding that the
development trees will be replaced by planting replacement trees and/or by contribution
to the City's Tree Fund. The finding is necessary to grant the Tree Removal Permit in
accordance with Cupertino Municipal Code (CMC) Section 14.18.180 (A)(4).
The application is approved with the following conditions:
1. APPROVED PROTECT
This approval for tree removal is based on the removal and replacement plan prepared
by the applicant.
2. TREE REPLACEMENT
The proposed replacement trees are four (4) 24" box Laurus nobilis (Saratoga Laurels)
to be planted on the subject property in the area as specified on the replacement plan
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.
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 tree. The applicant shall also disclose the location and
species of all replacement trees on site upon sale of the property.
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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. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby notified that the 90-day approval
period in which you may protest these fees, dedications, reservations, and other
exaction, pursuant to Government Code Section 66020(a),has begun. If you fail to file
a protest within this 90-day period complying with all of the requirements of Section
66020,you will be legally barred from later challenging such exactions.
5. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify 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.
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
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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. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a)Water all exposed surfaces areas(e.g.,parking areas,staging areas,soil piles,graded
areas, and unpaved access roads) at least twice daily and more often during windy
periods to prevent visible dust from leaving the site; active areas adjacent to windy
periods; active areas adjacent to existing land uses shall be kept damp at all times, or
shall be treated with non-toxic stabilizers or dust palliatives.
b) All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c)All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d) All vehicle speeds on unpaved roads shall be limited to 15 mph.
e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used.
f) Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points.
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g) All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h) Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours.The Air District's phone number shall also be visible
to ensure compliance with applicable regulations.
The applicant shall incorporate the City's construction best management practices into
the building permit plan set prior to any grading, excavation, foundation or building
permit issuance.
Please note that an appeal of this decision may be made within 14 calendar days
from the date of this letter (Friday June 18, 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, which will be scheduled before the Planning
Commission.
Sincerely,
Victoria Ortiz
Assistant Planner
(408) 777-1275
victoriao@cupertino.org
Enclosure: Removal and Replacement Plan
Cc: Cupertino Gayatri LLC. 3494 Camino Tassajara #137, Danville, CA 94506