TR-2021-007 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
March 22,2021
Tracy Hsu
22330 Santa Paula Ave.
Cupertino, CA 95014
SUBJECT:TREE REMOVAL PERMIT ACTION LETTER—Application TR-2021-007
This letter confirms the decision of the Director of Community Development,given on March
22, 2021 approving a Tree Removal Permit to allow the removal and replacement of one (1)
22-inch DBH Cedrus altantica'Glauca'(Blue Atlas Cedar), located at 1318 Flower Ct.Based on
the information submitted with the application, staff has made the finding that the mature
specimen trees with single trunk between twelve inches DBH and twenty-four inches DBH,
or multi-trunk between twenty-four inches DBH and forty-eight inches DBH in R1, Al, A,
RHS, and R2 zones will be replaced by planting a repalcement tree 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 tree is one (1)36"-box Acer macrophyllum (Big Leaf Maple)
to be planted on the subject property 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
protected 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 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.
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.
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.
Also, please note that an appeal of this decision can be made within fourteen (14) calendar
days from the date of this letter(Monday, April 5,2021 at 5:00 PM).Do NOT REMOVE
THE TREES)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,
Lauren Ninkovich
Assistant Planner
(408)777-3214
laurenn@cul2ertino.org
Enclosure: Removal and Replacement Plan