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AH Reso 140 (signed) AH 04/20/2023 FE-21Community Development Department 29of35 Planning Division—Cupertino CUPERTINO APPROVED Case# ASA-2022-007, CITY OF CUPERTINO Approval Body: Admin Hearing 10300 Torre Avenue Approval Date 04/25/23 Cupertino, California 95014 Signature Danielle Condit Case Manager RESOLUTION 140 OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE TRANSPLANTATION OF 3 TREES, AND THE REMOVAL AND REPLACEMENT OF 8 TREES AT HAMPTON APARTMENT HOMES LOCATED AT 19500 PRUNRIDGE AVENUE SECTION I: PROTECT DESCRIPTION Application No.: TR-2022-034 Applicant: Irvine Apartment Communities, L.P. Location: 19500 Pruneridge Avenue; APN: 316-06-058 SECTION II: FINDINGS TREE REMOVAL PERMIT: WHEREAS, the City of Cupertino received an application for a Tree Removal permit as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Cupertino Municipal Code, and the Administrative Hearing Officer has held at least one public meeting with regard to the application; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15301 for the reasons set forth in the staff report dated April 20, 2023 and incorporated herein; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Administrative Hearing Officer finds as follows with regard to this application: AH 04/20/2023 FE-21Community Development Department 30 of 35 PlanAMW'[`�� RN's 14Eupertino TR-2022-034 April 2 0,2023 CUPERTINO APPRfI Page 2 Case# ASA-2022-007, e location ot the trees restricts the economic enjoyment of the property by Approval Body: Admin H,sgirely limiting the use of property in a manner not typically experienced by Approval Date 441, A'A of similarly zoned and situated property, and the applicant has Signature '-he satisfaction of the approval authority that there are no acznvxr�zuccca cvzrr Case Manager reasonable alternatives to preserve the tree(s). The applicant's arborist, as well as the City's consultant arborist, has found that the area in which the surface parking lot will be located cannot maintain the trees as they are currently planted. Tree replacements, as well as side boxing healthy trees for replanting, have been conditioned into the project. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony, staffs report and presentation,and other evidence submitted in this matter,subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof: The application for a Tree Removal permit, Application no. TR-2022-034 is hereby approved and that the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Meeting record concerning Application no. TR-2022-034 as set forth in the Minutes of the Administrative Hearing Meeting of April 20, 2023 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS This approval for tree removals is based on the certified arborist report prepared by Ryan Suttle (ISA Board Certified Master Arborist, Utility Specialist No.WE-12647BU) with HortScience I Bartlett Consulting, Revised January 2023 consisting of twenty- five (25) pages, except as may be amended by conditions in this resolution. 2. ACCURACY OF 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. AH 04/20/2023 Commur11tV Rpevelp�prr�@�t Department 31 of 35 2023 FE-211teSoIution No. 1411 TR-2022-034 April 20,2023 Planning Division—Cupertino Page 3 CUPERTINO Case# A - - VAL CONDITIONS Approval Body: Ad nhe conditions of approval contained in file no. ASA-2022-007 shall be applicable to Approval Date thi`ocipphuyal. Signature Danielle Condit 4. PRE Eff ARBORIST. The property owner shall retain a certified arborist to ensure the project conforms to all Planning conditions related to landscaping/trees, as shown in the approved plan set and arborist report. 5. EXCAVATION RESTRICTIONS APPLY: Any approved grading, digging or trenching beneath a tree canopy shall be performed using 'air-spade' method as a preference, with manual hand shovel as a backup. For utility trenching,including sewer line,roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, an ISA certified arborist shall be on site to monitor the work, or the arborist report can be amended to instruct the contractor— instructions shall be a printed on the approved plan set prior to building permit issuance. 6. REDWOOD TRANSPLANT The transplant of trees 181, 183 and 184 shall follow the recommendation and procedures for transplant identified in the arborist report prepared by HortScience I Bartlett Consulting and dated January 2023. In preparation for transplant, the hardscape within the root ball footprint will be removed prior to digging. The trees shall be hand irrigated several days prior to transplant date to ensure soil is moist,but not saturated; prune to provide adequate access for digging. The excavation of the root ball shall be dug by hand, with a backhoe or mechanically with specialized equipment using air-spade method with manual hand shovel as backup. Excavation of the root ball shall be no smaller than 15'W x15'L for each tree. Each tree shall be side boxed for at least 90 days as recommended by the arborist report. 7. POST-TRANSPLANT CARE Ensure that the trees are adequately irrigated and provide inspection schedule for guy wire support systems to be assessed periodically by the project arborist. Prior to building permit issuance, the applicant shall provide a post-transplantation maintenance program as prepared by a licensed ISA arborist for peer-review and approval by the city consulting arborist at the expense of the property owner. 8. TREE AND LANDSCAPE MAINTENANCE The property owner shall be responsible for ensuring that the existing trees and newly planted trees are properly maintained including but not limited to ensuring that there AH 04/20/2023 Community Development Department 32 of 35 FE-21Planning lid,don No.14pp C u pe rt i n o TR-2022-034 April 20,2023 Page 4 CUPERTINO APPROVED Case# ASA-2022-007, ATFQQ2ZqWe soi ramage, that the soil is well-aerated, and irrigation systems are Approval Body: AdmWpXpNfghly tested to provide sufficient water to landscaped areas while reducing Approval Date wMRWgste. All landscape material shall be well maintained and replaced, if Signature Qgg1igRe_a �i&t+hP sa+isfaction of the City Urban Forester and Director of Planning Case Manage 9. TREE REPLACEMENTS Any trees impacted by the project scope either on site and/or on adjacent properties that cannot be saved as demonstrated by an arborist report, as prepared by an ISA certified arborist—the property owner of 19500 Pruneridge Ave shall be responsible for replacing the trees in accordance with CMC 14.18.160 Tree Replacement. 10. ARBORIST VERIFICATION LETTER Prior to Final Occupancy, an ISA Board Certified Master Arborist shall confirm in writing that all replacement trees have been planted and transplanted trees have been installed per the procedures outline in the arborist report. 11. TREE PRESERVATION The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered.Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. 12. PROTECT ARBORIST CERTIFICATION LETTER Prior to building permit submittal, attach a Project Arborist Certification Letter that they have; (a) Reviewed the entire building permit plan set submittal and, (b) Affirm that ongoing Project Arborist shall provide site monitoring inspections arranged with the contractor or owner—conducted prior demolition and through the demolition and construction process to monitor the transplanted trees and conformance with the outline producers in the arborist report and field work. (c) understands that design revisions(site or plan changes) within the critical root zone or change to transplanted tree locations will be reviewed by Project Arborist. An amended arborist report prior to submittal to the City will be obtained by the applicant and submitted to the City for peer-review by the city consulting arborist at the cost of the property owner. 13. LANDSCAPE PLAN CHANGES Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the(a)project site arborist,or(b)landscape architect with written AH 04/20/2023 Community Development Department 33of35 FE-21Resol ion No.14 TR-2022-034 April 20,2023 Planning ivision—Lpertino CUPERTINO Opp Page 5 Case# ASA-202207, A cep ance before submitting the revision to the Building Department for Approval Body: Adn-R)4jAWn�y Planning and City Consulting Arborist at the cost of the property owner. Approval Date 04/25/23 Signature 1413ii diCATION AgVAMW 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. AH 04/20/2023 FE-21Community Development Department 34of35 Plan��rSi°'6MIS11M,14&pertino TR-2022-034 April20,2023 CUPERTINO ADD�� I� Page 6 Case# ASA-2022-007, ICATIONS RESERVATIONS. OR OTHER EXACTIONS Approval Body: Admg-Wditions of Project Approval set forth herein may include certain fees, Approval Date dedJERIWAA requirements, reservation requirements, and other exactions. Signature Danielle Condit PASSED AND ADOPTED this 201h day of April 2023 at a noticed Public Meeting of the Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section 19.12.120. ATTEST: APPROVED: Danielle Condit Luke Connolly Associate Planner Administrative Hearing fficer AH 04/20/2023 35 of 35 i Community Development Department i Planning Division—Cupertino CUPERTINO APPROVED i /ice �+C A ,J Case# ASA-2022-007, i/�i� �RI�GG -- ---- --- ----------------------- _ _ __ c . .... — ------- N -- AREA A � LEGEND 40 Approval Body: Admin Hearing /� " . _:' '. Ap rovaI Date 04/25/23 i /ice D n I / : .. . 'Q I: 344 20th street nl II Signature a e e Co d t Case Manager _. /i — 1.. . suite 302b Existing Path of Travel n� kl d ca 94612 'I _ _ I Connection to Existing Path of Travel from New Parking Areas 1 949.954.7500 + ♦ + + � I 1 Add Detectable Warning Paving at Ramp Locations www-imadesign.com ■ I . : : . + i4 4 I I Q Unassigned Uncovered Parking + LDG . BLDG. 3 :. :.:. '. B 1 - Irvine Company '' ':.. Unassi ned Uncovered Parkin Com act . ������ :::::- : : : :. 1 Apartment Development Assigned Uncovered Parkin g g 550 Newport Center Drive ♦ + + — Newport Beach, CA 92660 p C Assigned Uncovered Parking - Compact 949.720.2000 ' + Assigned Covered Parking - Carport °°° i.. . 0 Assigned Covered Parking - Compact Carport: v� ■ - � Assigned Covered Parking Garage / :. :� i/ + + Accessible Parkin Location - Standard / d ■ g / o o o / g Accessible Parkin Location Van o 0 ■ o x ❑ + o + 0000 a _ ■ r 0 "� I♦ AREA B 1 I 0 0 1 I ` X . ++P++.+«++++0«+d P r++ Q o0 0 0 000 0 � � ' •• c 3 ® 1 Q ♦ ♦ 00 po tt 000 k 0 1 0 � . . 1 0 0 . CU \ \ I+ ♦ + tsd�� Q 0 1 O d ®® BUILDING 1&2 PODIUM 0 p a C X I U ® 1 00 a� F . + �® 1 57 STANDARD ASSIGNED COVERED 0 Q 1 Q I �� - -� Q �y \\ \\ `\\ ❑�'....::.:. . / 32 COMPACT ASSIGNED COVERED ��� V 1 I M L ca U \\ + + 4 ACCESSIBLE COVERED t 0 1 0 , }� �--+ Q - - 0 1 0CU BUILDING 6 PODIUM o c 1 1 \��\ %i 30 STANDARD ASSIGNED COVERED 1 0 _J + ssl» 3� ® x O c 15 COMPACT ASSIGNED COVERED L c \ \ + ® c ��� BUILDING 10 PODIUM \ \ 0 c 30 STANDARD ASSIGNED COVERED Q / + 0 15 COMPACT ASSIGNED COVERED 1 Q :\ 0 + + o + O 1 O s Q L o c o 0 1 0 � L + \ ! a co Q o + o Q 4 1 z \\ + 0 — PQ CD oo 0 + 0 Q 1 Q o O T \\ \ ® � c 0 EP 0 + + / 1001 1 7 0 0 O ■ c c 1 �,� • •+ + a _ ■ 0 + 0 ■ 1 y _ _0 0 PARKING DATA TABLE � \� \\ ' � ♦ - - - + - - � c \ + o a Q UNDER 0 FROM 1997 DESCRIPTION ON GRADE PODIUM TOTAL APPROVED PLANS \ \ \ \ '+ ■ O \ 4 C . .. . . . .: . .... . . .. .. . .: . o c c c c C c � 000 000 Compact 116 62 178 0 \ \\ .F ♦ - Compact (Carport) 21 21 0 \\\\\ + NJ SUBTOTAL (Compact) 137 199 \ 4 \ i : O ( p ) 62 0 \\ a 4 �� Q BLDG. 7 0❑0 :. :: , :: ; :: :::':: : :..i:, ..:�. C Standard 135 117 252 +21 \\\\\ \\ i 0 1 Standard (Carport) 107 - 107 0 F c Standard (Garage) 54 - 54 0 \�� \ '' BLDG. 9 Q Standard (On Easement) - - - _49 1 11 a O A SUBTOTAL (Standard) 296 117 413 _28 �\ a ° Accessible (Standard) 5 4 9 0 \� �� a ``.-: r 4 Accessible (Standard)Carport) 2 - 2 c Accessible (Van) 3 - 3 BLD C \\ \ , C C G• S °°° C Accessible (Garage) 2 - 2 �\ \ ( g ) Q1 c 0 Accessible On Easement - - - -1 \\ \ ` c ( ) ` ` \� \\ p � . c11/31/2023- ASA RESUBMITTAL SUBTOTAL (Accessible) 12 4 16 c 0 \ TOTAL PARKING COUNT 445 183 628 -29 \ \ ♦ C O Q 1997 Approved Plans Total Parkin Spaces Provided 659 Parkin Stalls = 1.92 Per Unit \��\\\ c �f O pp g p g \ A 0 Total Parking Spaces Provided 628 Parking Stalls = 1.84 Per Unit \\\\�\ c ❑ ° ° ,.. .0 Note: Total parking count is deficient from 1997 approved parking count due to prior removal of \ \ ♦ r z 00 , forty-nine (49) standard parking stalls and one (1) accessible parking stall, fifty (50) total, within \�\ . W010C cC ccthe easement. \ \ c c c c c .... O♦ � 0 0 COVERED PARKING SUMMARY 00 r , :: QQ Q 0 x Project No 20130 DESCRIPTION REQUIRED PROVIDED +1- \ \\ `\ ,_ • 1 Per Unit - 342 UnitsTT 0 ! ® Date 1/31123 (Current Development Standards) 342 361 +19 \ \\ ����\ i ! ` ® '. — Scale 1 — 30 -0 11 � ACCESSIBLE PARKING SUMMARY \\ \ Q J Q Drawn By RM STANDARD VAN DESCRIPTION REQUIRED PROVIDED PROVIDED \ \ 40 Assigned Standard Stalls - 528 Stalls \\ ---- __ ! c c OV E 1 A L L 0 11 Total _� c (2/o of Assigned Stalls 1 per 6 of g 2 _ _� (9 Standard 12 Van) -- __ c C SITE P LA N Total to be Van Accessible Stalls) —__ 4 o . c _ C Unassigned Stalls - 100 Stalls ~ — — �� c (5/o of Unassigned Stalls, 1 per 6 of 5 Total 4 Standard 11 Van 4 1 — i \ C Total to be Van Accessible Stalls) ( ) N � '= - - L=002PARKING LOT LANDSCAPE RE UIREMENTS ' - = o Q N REQUIREMENT REQUIRED PROVIDED NET 1 Tree per 5 Stalls 5 Trees 8 Trees +3 N 0 15 30 60 NORTH SCALE: 1" = 30' - 0"