TR-2022-051 - Approval Action LetterComm . F lopmevt De(EUIMM41TY DEVELOPMENT DEPARTMENT
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sion - upe?FANNING DIVISION
�CUPERTIN4 ROVE
CITY HALL
Case # 2-0511 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
LTMPORTi"Od Numbers TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
Approval Body: Director / Staff
Approva I Date
Signature
11 /29/22
ls9 - 1
Case Manager
Robert Apolinar
San Jose Tree Service, Inc.
84 Automall Dr.
Gilroy, CA 95020
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2022-051
This letter confirms the decision of the Director of Community Development, given on
November 29, 2022 approving the Tree Removal Permit to allow the removal and
replacement of one (1) 21-inch DBH specimen Coast Live Oak (Quercus agrifolia) at a
single-family residential property located at 10300 Phar Lap Drive.
Staff has made the necessary findings that the 21-inch Coast Live Oak tree proposed for
removal is irreversibly diseased, is in danger of falling, can cause potential damage to
existing or proposed essential structures, and cannot be controlled or remedied through
reasonable relocation or modification of the structure or utility services. 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. APPLICATION AND SUPPORTING DOCUMENTATION
This approval for tree removal is based on the arborist report prepared by Robert
Apolinar (Certified Arborist #WE-8846A) consisting of nine (9) pages, including the
report, photographs of the tree proposed for removal, a site plan depicting the location
of the tree to be removed and a site plan depicting the proposed replacement tree.
2. 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.
10300 Phar Lap Drive Page 2 of 3
Community evelopment Department
P I On n,E[>iViiZn'�`d�i no
cuPERT,NQ TheA`FRR-bVt Deplacement tree is either two (2) 24-inch or one (1) 36-inch-box
Case # C70f2Dikl6tWe tree species to be planted on the subject property within 30 days of
;WW.q�MY r this app ica on. The applicant has selected a 24-inch-box Big Leaf
Maple (Acer macrophylum) and one 24-inch-box California Buckeye (Aesculus
Approval Body: DLREr %'c�Xffanted in the locations displayed on the replacement tree plan. The
Approva I Date Jr&z?t shall provide the Department of Community Development adequate
Signature CathIARfiL3rpgMt*ion, including but not limited to photographs, receipts, or invoices, to
verif)&41=6a*e replacement tree has been planted. Please email photographs of the
planted replacement tree to catherinet@cupertino.org to document that a
replacement tree has been planted.
4. 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.
5. 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.
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
10300 Phar Lap Drive Page 3 of 3
Community evelopment Department
P I a n n *P* D'gki *h,,R�C dpiem % attorneys' fees, or costs awards, including attorneys' fees
C U PE RT, N o awaA*n' 1gVJepCode of Civil Procedure section 1021.5, assessed or awarded against
Case # ttp i 62'� parties. The Applicant shall cooperate with the City to enter a
Vj �1mWn�Wgreemen o govern any such reimbursement.
Approval Body: DrT13et6rp35tafft shall agree to (without limitation) reimburse the City for all costs
Approva I Date ih'W'hU in additional investigation or study of, or for supplementing, redrafting,
Signature Catte%v14gT&O S amending, any document (such as an Environmental Impact Report,
negglyFA iiration, specs is p an, 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. 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.
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,
Catherine Tarone
Permit Technician
Planning Division
(408) 777-3297
catherinet@cupertino.org