TR-2022-017 Tree #1 Application and Arborist Report o e ek t* 17�L PERMIT APPLICATION FORM
Cpmu� i�0� velopment Department
r I:a D To e venue (408)777-3308/ Fax (408) 777-3333
C U P E RT i n o il' Afi.Qb,CA 95014 planning@cupertino.org
Case# C LJ P E RT t
022-017 http://www.cupertino.org/planning
Property OxQera ion um er s Phone(w) Phone(h)
ApprovAody: Director / Staf
leet Addres�5�02�22 Fax Cell
Approv ate
Signatu &ity,Sta findeTarone E-Mail
Case Manager
Project Contact Person Phone(w) Phone(h)
X
Street Address Fax Cell
City,State,Zip Code E-Mail
Project Address APN(s)
Application Requirements: Size(diameter at
❑ Justification Statement:Explanation of why the tree(s) Species 4.5 feet from
should be removed and,if needed,ISA certifiedgrade)
Arborist report. Tree A
❑ Site Plan: show the location of existing/replacement
tree(s),buildings,and improvements. Tree B
❑ Replacement Plan:Site plan showing a location for the
replacement tree,approved by an ISA certified arborist Tree C
when needed. Tree D
❑ Fees and Deposits
Attach sheet for additional trees
I certify that the foregoing statements are true and correct to the best of my knowledge. I understand that a
Initials misrepresentation of any submitted data may invalidate an approval by the City Council of this application. I understand
that the application may be withdrawn if I, or my authorized representative, is not present at required scheduled
meeting(s),unless a written request for postponement has been presented to the applicable review body.
I declare under penalty of perjury that I am the owner of said property or have Power of Attorney(attach copy)from said
Initials property owner and that I consent to the above-described application and I authorize City staff and consultants to visit the
site in order to take photographs,slides and/or videotape that may be shown at city meetings.
For R1,R2,RHS,A, and Al Zones: I understand that the replacement tree(s)will be considered protected and
Initials will require a tree removal permit if I choose to remove them in the future. I will demonstrate compliance with
the approved replacement tree(s) by providing photographs to the Planning Department and will maintain
replacement tree(s) to iisure survival.
X %` "'� �V- L
Applican's Signature Print Applicant Name Date
X
Prope Owner's Signature Print Property Owner's Name Date
Staff use only:(Do not write below this line)
Application accepted on ❑Specimen Tree(between 12"and 24"DBH) ❑ Development Tree
❑Specimen Tree(greater than 24"DBH) ❑ Part of a Tree Management Plan
By ❑Privacy Protection Tree ❑ Heritage Tree
Revised 012017
CITY OF INDEMNIFICATION CLAUSE ACKNOWLEDGEMENT
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unpertino, CA 9-014 planning@cupertino.org
�CUPERTIPeJ PERTINo (4�i`10W..,/Fax (408) 777-3333 http://www.cupertino.org/planning
C a s ON— inn 94
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4/07/26�ication Number(s)
On an application was submitted to the City of Cupertino Planning Division,on
App ovalBBody:O�c1,or/Staff
App ovalbifeef de Vn (the"Applicant").The project,which is the subject of the
Sign 3t N. De Anza Blvd. Cupertino
Case Manager
1. The Applicant agrees,as part of the application,to the fullest extent permitted by law,to indemnify,defend with attorneys
of the City's choice,and hold harmless the City and its officers,employees,and agents(collectively,the"indemnified
parties")from 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 the 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.This indemnification is intended to 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.
2. The Applicant agrees 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 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.
3. The Applicant agrees 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 EIR,negative declaration,specific plan,
or general plan amendment)if made necessary by a proceeding challenging the project approvals and related environmental
review,if the Applicant desires to continue to pursue the project.
4. The Applicant agrees to indemnify the City for all of the City's costs,fees,and damages incurred in enforcing this
Indemnification Agreement.
5. In the event that the Applicant is required to defend the City in connection with such proceeding,the City shall retain the
right to approve:
a. The attorneys selected to defend the City;
b. All significant decisions concerning the manner in which the defense is conducted;and
c. Any and all settlements.The City shall also have the right not to participate in the defense,except that the City agrees
to cooperate with the Applicant in the defense of the proceeding.
6. The defense and indemnification of City set forth herein shall remain in full force and effect throughout all stages of
litigation including appeals of any lower court judgments rendered in the proceeding.
7. The Applicant agrees that City shall have no liability to the Applicant for business interruption,punitive,speculative,or
consequential damages.
Print Name,Title .
Signature
revised 512020
Community Development Department
APdh0l,ia@,-9ivision — Cupertino
tUPERTINO APPROVED WOOD
Case# TR-2022-017
Application Number(s) A R C H I T E C T U R E
D E S I G N.C ON S U LT ING.M AN AGE MEN
Approval Body: Director/Staff
Approval N(beimulAW&Welopment Department
Signature 103 9jXli;@�Mp Cupertino, CA 95014
Case Manager
SUBJECT: ARBORIST REPORT FOR PROPERTY AT: DA07, De Anza 7, 10431 North De Anza Blvd.
Cupertino, CA 95014
This arborist report includes the observations and assessment of the dead European white birch
tree located in Birch Grove south of building 10355 N. De Anza. The site was visited on
Wednesday April 6, 2022.
Assignment: Review one dead European white birch tree located at 10431 North De Anza Blvd.
The assignment requires the following activities: visit the site, verify the tree, list the tree
species, diameter, crown radius, condition of the tree, impacts to the property, and mitigation
options.
Observations: The site was visited on Wednesday April 6, 2022. The tree was not tagged with
numbers, though Treeplotter was used for identification and history. The tools used were a
diameter tape, screwdriver as a probe, hammer. Crown height and radius were estimated. The
tree listed on the map was measured for trunk diameter at approximately 4.5 feet above grade
with a diameter tape. The tree was assessed and rated for health and structure, and overall
condition considering branch structure, decay, leaf quality, vitality, dieback, lean, and other
issues that affect the condition of the tree.
The tree health condition rating was determined by observing the tree foliage, twig growth, leaf
density, and dead branches. The structure rating was determined by observing branch
attachment, crotch structure, trunk flare, surface roots, decay, insects and diseases, growth
habit, and any physical damages.The overall condition combines the health and the structure
ratings, based on the most significant conditions present.
The rating system used for both health, structure, and overall condition is:
(0) 0% dead;
(1) 1-20%very poor/severe decline;
(2) 21-40% poor/declining;
(3) 41-60%fair;
(4) 61-80% good; and
(5) 81-100% excellent.
Community Development Department
Planning Division — Cupertino
CuF LRTINO ApI:ftq Prix below shows the data found during the site inspection.
Case # 017
- -
pplicationNumber(s I runK
Tree Species Dia- Height Crown Condi- Comments
Approval Bod*: Director/ Staff meter Feet Radius tion
Approval Date 05/02/22 Inches Feet
Signature Cat erine Tarone
1 cmtr"myger N 5 Tree is dead. No foliage present.
pendula 8 40' E 5 0
S5
W5
Discussion: The property is DA07 or De Anza 7, 10431 North De Anza Blvd. Cupertino, CA
95014. The European white birch tree assessed is located in the birch grove south of building at
10355 N De Anza.
Conclusion: The European White Birch tree is determined to be dead.
Mitigation: Plant a 24" box River Birch, Betula nigra in the same location to mitigate for the loss
of the removed tree. River Birch is a better candidate for replacement as it can tolerate
California's dry climate better than the historically used European White Birch. It's also resistant
to the bronze birch borer.
Please contact me at 415.792.9082 or email deva@iwoodarchitecture.com, if you have any
questions about this report.
Respectfully submitted,
tvl
Deva Braden
Certified Arborist WE7034AT
Community Development Department
PRlrar��i1� h@i�lg� c��lp® tmr�t3 Birch tree.
CUPERTINO APPROVED
Case# TR-2022-017
Application Number(s)
Approval Body: Director/Staff
Approval Date 05 k
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