The URL can be used to link to this page

TR-2021-046 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 October 15, 2021 Tai-Ping Ho 20570 Prospect Road Saratoga, CA 95070 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER-Application TR-2021-046 This letter confirms the decision of the Director of Community Development, given on October 15,2021, approving a Tree Removal Permit to allow the removal of one (1) Coast Live Oak(23" dbh)located in the side yard of an existing single-family residence at 10460 Davison Avenue, and replacement with two 24" box California Native Tree Species. 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 PROS This approval for tree removal is based on an arborist report and replacement planting plan prepared by the applicant, consisting of seve s,including photos,except as modified by the following conditions. CommuNty Development Department Planning Division - Cupertino 2. TREE REPLACEMENT CUPERTlNO APPROVED The required replacement tree is two 24-inch bo)q,-!dg o be planter M¢-2025WQ46 property within 30 days of tree removal.The applicant indicated thatkrh� trees with a California Native Species. The applica t shall j§voi'iJe the De artmSenf re Community Development adequate documentafic�i�r�cTi ybu �105 21i1e2 to Approval Dae Signature Brianne Reyes Case Manager 10460 Davison Ave Page 2 of 4 TR-2021-046 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. 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. 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. b. If construction activities and any required tree removal occur during the nesting season (February 1 and August 31), a qualified ornithologist shall be required to conduct surveys prior to tree removal or construction activities. Preconstruction surveys shz onducted no more than 14 days prior to the start of tree rep Wurgm n4 `Cm&emyot Department Preconstruction surveys shall be re i = at 1f-k ni (DixdMo-oritilCupertino construction has been initiated in tta,wamNv after which sur)WpROVP® stopped. During this survey, the ornithls'wot shall inspe,Rl�62Ts 046 other possible nesting habitats in and imme is e y ' dO&Yid N R,b r construction areas for nests. Approva I Body: ppl cto /St {{�� c. If the survey does not identify any nestirfg birds Itrh��at woul �� f�elcted by construction activities, no further miti >ornoi�saf�q�iea. T a., containing viable eggs or young birds 5; z (tufficilafOl"439eft work Case Manager 10460 Davison Ave Page 3 of 4 TR-2021-046 areas to be disturbed by these activities, their locations shall be documented, and protective measures implemented under the direction of the qualified ornithologist until the nests no longer contain eggs or young birds. d. 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. e. 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. 7. 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 r e tit lement e viro mental '�ommunI development Department review documents, finding or determinations, atclude other ermrt or approval authorized for the project. The indemnification 9,b RYA Fe'AtoCupertino damages, fees, and costs awarded against the Ci£�,T'Sf4?,, and cost of suA,PARWVV P fees, and other costs, liabilities, and expenses ifizuer##d in connectTJ3r2QZh�-sq4fi proceeding whether incurred by the Applicant, the City, or the parfiR�i 1�i EiT rN bringing such proceeding. Approval Body: Director/Staff 0 151?r The applicant shall agree to (without limitatid�il�pira �eth� / ,± 1�. attorneys' fees and costs incurred in defense of the5l tiA Such�'et o Efees and Case Manager 10460 Davison Ave Page 4 of 4 TR-2021-046 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. Also, please note that an appeal of this decision can be made within fourteen (14) calendar days from the date of this letter(Friday, October 29,2021 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: Removal and replacement plan Community Development Department Planning Division — Cupertino CUPERTINO APPROVED Case# TR-2021-046 Application Number(s) Approval Body: Director/ Staff Approval Date 10/15/21 Signature Brianne Reyes Case Manager