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TR-2021-029 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 August 31, 2021 EC Tree Service, Inc. 76 Logan Ln Atherton, CA 94027 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2021-029 This letter confirms the decision of the Director of Community Development, given on August 30, 2021, approving a Tree Removal Permit to allow the removal of one Deodar Cedar (25") located in the front yard of a single-family residential dwelling unit at 887 Ferngrove Drive and payment of the in-lieu fee to comply with the replacement planting requirements. 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 PROJECT This approval for tree removal is based on an arborist report and replacement planting plan prepared by the applicant, consisting of six pages, including photos, except as modified by the following conditions. 2. PAYMENT OF IN-LIEU FEE FOR REPLACEMENT TREE The in-lieu fee for a mature specimen tree with a trunk size equal to or less than thirty- six inches, is based upon the purchase and installation cost of the replacement tree as determined by the Director of Community Development. Based on the proposed removal of a Deodar Cedar with a DBH of 25", the total in-lieu fee due shall be calculated pursuant to the installation, labor, and tree replacement cost at the time of 887 Ferngrove Drive Page 2 of 3 TR-2021-029 removal. Prior to removal of the protected tree, the property owner/applicant shall submit payment of the in-lieu fee to the Planning Division in the amount calculated at time of removal of the protected tree. Please contact the Planning Division to discuss the total amount due after the appeal period has lapsed and approval is final for this permit. 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. 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. 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 887 Ferngrove Drive Page 3 of 3 TR-2021-029 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. Also, please note that an appeal of this decision can be made within fourteen (14) calendar days from the date of this letter (Tuesday, September 14, 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, /s/ Brianne Reyes Associate Planner (408) 777-7907 brianner@cupertino.org Enclosure: Approved Plan Set