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TR-2020-024 Action Letter (dead-fallen)CITY OF IM CUPERTINO January 12, 2022 Vernon Dale 22971 Stonebridge St Cupertino, CA 95014 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2020-024 This letter confirms the decision of the Director of Community Development, given on January 12, 2021, approving a Tree Removal Permit to allow for the removal and replacement of eleven (11) dead/fallen Aleppo Pines and one (1) dead/fallen Purple Plum development trees at the common areas of Cupertino Stonebridge HOA located at 22971 Stonebridge Street. Staff has made the finding that the protected tree is dead (based on the definition provided in Section 14.18.020 of the City's Protected Tree Ordinance), and that the tree is irreversibly diseased, is in danger of falling, can cause potential damage to existing or proposed essential structures, or interfere with private on -site utility services and cannot be controlled or remedied through reasonable relocation. The finding is necessary to grant the tree removal permit in accordance with Cupertino Municipal Code (CMC) Section 14.18.180 (A)(1). The application is approved with the following conditions: 1. APPROVED PROJECT Approval of the tree removals is based on the application packet prepared by the applicant, Vernon Dale, consisting of twenty-five (25) including a justification statement, tree removal photos, a removal plan, removal list, replacement list, and a replacement plan. 2. TREE REPLACEMENT/IN-LIEU FEE The replacement tree requirement of two (2) 24-inch box Tristania's, one (1) 36-inch box Tristania, three (3) 36-inch box Crape Myrtles, one (1) 36-inch box Branford Pear, 1 (one) 24-inch box Red Maple, one (1) 36-inch box Olive, two (2) 24-inch box Coast Live Oak, and two (2) 36-inch box Jacaranda to be planted on the subject property within 30 days of tree removal. If the property owner elects to not plant the required 22971 Stonebridge St TR-2020-024 Page 2 of 4 replacement tree(s) on site, then an in -lieu fee for the replacements tree(s) must be paid to the City within 30 days of tree removal. In the event the applicant is unable to plant the approved replacement trees, the applicant may propose alternative adequate tree replacements for trees proposed to be removed. The final number, location, size, and type of trees shall be reviewed and approved by the Director of Community Development, in consultation with the City's Consulting Arborist, prior to tree planting. 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 tree(s) have been planted or the in -lieu fee has been paid within 30 days of tree removal. 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. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. 22971 Stonebridge St TR-2020-024 Page 3 of 4 f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. g. The applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated. 6. SIGNED INDEMNFICATION FORM Prior to Tree Removal, please submit a signed Indemnification Form for the City to have on record with the application. The Indemnification Form is required for all project applications processed in the City. Please find the following link to access the form: htti2s://www.cul2ertino.org/home/showpublisheddocument/27905/6372843472497700 00 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 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. 22971 Stonebridge St TR-2020-024 Page 4 of 4 The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 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/ Brianne Harkousha Associate Planner (408) 777-7907 brianneh@cupertino.org Enclosure: Approved Plans