TR-2021-023 (retroactive) Action letterCUPERTINO
May 28, 2021
Afzal Malik
22651 Queens Oak Ct
Cupertino, CA 95014
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planninq(alcupertino.orp
SUBJECT: RETROACTIVE TREE REMOVAL PERMIT ACTION LETTER - Application TR-2021-023
This letter confirms the decision of the Director of Community Development, given on May 28, 2021,
approving a Retroactive Tree Removal Permit for the removal and replacement of one Quercus agrifolia
(Coast Live Oak), of 53" DBH respectively, located at 22545 Poppy Drive.
The application is approved with the following conditions:
1. APPROVED PROTECT
This approval is based on the site plan and photos prepared by AMS Design consisting of two (2)
pages, A-01.01 and photo sheet, including a tree removal and replacement plan.
2. TREE REPLACEMENTS
The applicant is required to plant one 36-inch box Quercus agrifolia (Coast Live Oak) trees in
accordance with the Protected Tree Ordinance and approved tree replacement plan. Modifications
to the tree species and location may be made to the approved replacement plan pending staff
approval. The replacement trees shall be planted within 30 days of the effective approval date of
this tree removal 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. 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 further
notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, 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. 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.
6. 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.
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.
Staff has made the findings necessary to grant the tree removal permit in accordance with Section
14.18.120 of the Protected Trees Ordinance.
Sincerely,
/s/
Brianne Reyes
Associate Planner
(408)777-7907
brianner@cupertino.org
Enclosure: Replacement Plan & Photos