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TR-2021-033 Action Letter (retroactive) 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 November 29, 2021 Todd Kalbfeld 2345 Tulip Road San Jose, CA 95128 SUBJECT: RETROACTIVE TREE REMOVAL PERMIT ACTION LETTER - Application TR-2021-033 This letter confirms the decision of the Director of Community Development, given on November 29, 2021, approving a Retroactive Tree Removal Permit to allow for the removal and in-lieu fee payment of two protected trees (one 30" DBH Deodar Cedar and one 24" DBH Coast Live Oak) located at 10036 Crescent Road. Staff has made the finding that the trees are mature specimen trees with single trunks over 12" DBH and the applicant will pay the in-lieu 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 PROJECT This approval for tree removal is based on the application packet prepared by the applicant,Todd Kalbfeld, including a tree removal plan. 2. TREE REPLACEMENTAN-LIEU FEE Per Section 14.18.160(B), the in-lieu fee for a mature specimen tree with a trunk size equal to or less than 36-inches is based upon the purchase and installation cost of the replacement tree(s) as determined by the Director of Community Development. In cases where it is physically feasible to plant, but the applicant chooses to pay the in- lieu fee instead of planting a replacement tree on the subject property, payment shall be equivalent to one and one-half the calculated in-lieu tree replacement fee. The applicant shall provide the Department of Community Development adequate documentation, including but not limited to photographs, receipts or invoices, to 10036 Crescent Road Page 2 of 3 TR-2021-033 verify that the replacement tree(s) have been planted or the in-lieu fee has been paid within 30 days of tree removal. 3. 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. 4. 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. 10036 Crescent Road Page 3 of 3 TR-2021-033 Please note that an appeal of this decision may be made within 14 calendar days from the date of this letter. If an appeal is filed, you will be notified of a public hearing,which will be scheduled before the Planning Commission. Sincerely, /s/ Jeffrey Tsumura Associate Planner (408) 777-1356 jeffreymt@cupertino.org Enclosure: Tree Removal Pan