TR-2025-003 - Action Letter (dead)May 19, 2025
Charlis Younan (Sunny View Retirement Community)
22445 Cupertino Road
Cupertino, CA 95062
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER – Application TR-2025-003
This letter confirms the decision of the Director of Community Development, given on May
19, 2025, approving a Tree Removal Permit to allow the removal and replacement of five
(5) development trees within the Sunny View Retirement Community at 22445 Cupertino
Road in Cupertino.
Staff has made the finding(s) based upon review of monitoring report 1 and monitoring
report 3 that the scope of work is outside the tree(s) tolerance for tree ID’s 19, 22, 23, 29
and 52 and are considered “dead tree(s)” per the definition provided in Section 14.18.020
of the City’s Protected Tree Ordinance. The finding is necessary to grant the tree removal
permit in accordance with Cupertino Municipal Code (CMC) Section 14.18.150 (B)(2) for
trees 19, 22, 23, 52, and (CMC) Section 14.18.180 (A)(1) for tree 29.
The application is approved with the following conditions:
1.APPROVED PROJECT
This approval is based on the application, arborist monitoring reports #1 and #3
provided by Carol Randisi, a certified arborist (WE-7723A) with Buena Vista Tree
Service. The submitted documents consist of 3 pages in each report, exclusive of the
application form and the replacement tree plan.
2.ACCURACY OF THE PROJECT 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.
3.REMOVED DEVELOPMENT TREES
The following five (5) development trees have been approved for removal as apart of
this application
Tree ID #19, a 15” DBH Modesto Ash
Tree ID#22, a 19” DBH Marina Madrone
Tree ID #23, a 19” DBH Mexican Fan Palm
Tree ID #52, a 15” DBH Modesto Ash
Tree ID #29, a 38” DBH Monterey Pine
TR-2025-003
5/19/2025
Danielle Condit
22445 Cupertino Road TR-
2025-003
Sunny View Retirement Community Page 2
of 4
4.TREE REPLACEMENT
The applicant will provide five (5) new 36-inch-box replacement trees on site. Four (4)
Cercis occidentalis (Western Redbud) and (1) Pistacia chinensis (Chinese Pistache).
The replacement trees must be planted 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. The newly planted replacement trees are also
classified as a protected Development Tree that requires a Tree Removal Permit to
remove.
5.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.
6.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.
a.Construction and tree removal/pruning activities shall be scheduled to
avoid the nesting season to the extent feasible. If feasible, tree removal
and/or pruning shall be completed before the start of the nesting season to
help preclude nesting. The nesting season for most birds and raptors in the
San Francisco Bay area extends from February 1 through August 31.
Preconstruction surveys (described below) are not required for tree
removal or construction activities outside the nesting period.
b.If construction activities and any required tree removal occur during the
nesting season (February 1 and August 31), a qualified ornithologist shall
be required to conduct surveys prior to tree removal or construction
activities. Preconstruction surveys shall be conducted no more than 14
days prior to the start of tree removal, pruning or construction.
Preconstruction surveys shall be repeated at 14-day intervals until
construction has been initiated in the area after which surveys can be
stopped. During this survey, the ornithologist shall inspect all trees and
other possible nesting habitats in and immediately adjacent to the
construction areas for nests.
c.If the survey does not identify any nesting birds that would be affected by
construction activities, no further mitigation is required. If an active nest
containing viable eggs or young birds is found sufficiently close to work
areas to be disturbed by these activities, their locations shall be
documented, and protective measures implemented under the direction of
the qualified ornithologist until the nests no longer contain eggs or young
birds.
d.Protective measures shall include establishment of clearly delineated
exclusion zones (i.e. demarcated by identifiable fencing, such as orange
TR-2025-003
5/19/2025
Danielle Condit
22445 Cupertino Road TR-
2025-003
Sunny View Retirement Community Page 3
of 4
construction fencing or equivalent) around each nest location as
determined by the qualified ornithologist, taking into account the species of
birds nesting, their tolerance for disturbance and proximity to existing
development. In general, exclusion zones shall be a minimum of 300 feet
for raptors and 75 feet for passerines and other birds. The active nest within
an exclusion zone shall be monitored on a weekly basis throughout the
nesting season to identify signs of disturbance and confirm nesting status.
The radius of an exclusion zone may be increased by the qualified biologist,
if project activities are determined to be adversely affecting the nesting
birds. Exclusion zones may be reduced by the qualified biologist only in
consultation with California Department of Fish and Wildlife. The protection
measures and buffers shall remain in effect until the young have left the
nest and are foraging independently or the nest is no longer active.
e.A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be submitted to the Planning Manager,
through the building permit review process, and be completed to the
satisfaction of the Community Development Director prior to the start of
grading.
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
TR-2025-003
5/19/2025
Danielle Condit
22445 Cupertino Road TR-
2025-003
Sunny View Retirement Community Page 4
of 4
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.
8.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. CMC 14.18.150(B)(2) Exemptions, permits the
removal of dead trees before the approval is granted provided that a retroactive
tree removal permit is submitted within 5 days. If an appeal is filed, you will be
notified of a public hearing, which will be scheduled before the Planning
Commission.
Sincerely,
Danielle Condit
Associate Planner
(408) 777-3214
daniellec@cupertino.gov
Enclosure: approved application
TR-2025-003
5/19/2025
Danielle Condit