TR-2013-49b CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014(408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Aarti Shrivastava, Director of Community Development �
Prepared by: Piu Ghosh, Senior Planner
Date: December 13, 2013
Subject: Director's Minor Modification,DIR-2013-33, to allow minor alterations to landscaping
and site improvements at an existing apartment complex (The Hamptons) located at
19500 Pruneridge Avenue.
Tree Removal Permit, TR-2013=49, to allow the relocation of eight (8) redwood trees
to enable the widening of N. Wolfe Road as part of the previously approved Apple
Campus 2 project.
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports her decision to the
City Council and Planning Commission in time to allow an appeal of the
decision within fourteen calendar days.
DISCUSSION
The applicant, Meg Thomas, is proposing minor alterations to the site and landscaping at The
Hamptons apartment complex located at 19500 Pruneridge Avenue. The City Council approved
an office, research and development campus for Apple Inc. in the vicinity of the project site. The
campus project included the widening of N. Wolfe Road at the intersection of Pruneridge
Avenue, as traffic mitigation, by acquiring property from the Hamptons. The property
acquisition has been completed and detailed plans for the alterations needed on the site to
construct the street widening have been prepared.
The proposed project results in the reduction in the size of an existing picnic area on the
Hamptons property. However, this change does not reduce the amount of private recreational
area to below the required amount for the entire apartment complex. The amount of private
recreation space in the apartment complex after the modification will reduce from 2.15 acres to
2.058 acres. Modifications to the picnic area include relocation of existing:
■ Picnic tables
■ Pathways
■ Fences
■ Monument sign and
■ Associated landscaping.
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19500 Pruneridge Avenue Page 2
In addition to the modifications discussed above, eight (8) redwood trees will be transplanted.
In order to retain the existing screening that the apartments in this area currently have, the
applicant proposes to relocate these trees as opposed to removing and replacing them with
smaller trees. Replacements have been identified, in case tree transplantation is not successful.
The City's Consulting Arborist will monitor the tree transplantation.
ACTION
The Director of Community Development deems the modification minor and approves the
project with the following conditions of approval:
1. APPROVED EXHIBITS
This approval is based on a plan set entitled, "Campus Development" consisting of eight
sheets labeled "L.1, L100, L110, L200, L201, Exhibit YY, YY-1, ZZ, Water Budget
Calculations, a Landscape Water-Efficiency Checklist and a Tree Replacement schedule,
dated Received December 13, 2013, except as may be amended by conditions in this
resolution.
2. TREE REPLACEMENTS
The applicant is required to plant replacement trees in accordance with the Protected Tree
Ordinance and approved tree replacement plan. Modifications to the tree species and
location may be made to the approved replacement plan pending staff approval. The
replacement trees shall be planted within 30 days of the effective approval date of this tree
removal permit. The property owner will be required to replace and maintain the trees in
accordance with the City's Tree Ordinance.
3. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard
to the proposed project for additional conditions and requirements. Any misrepresentation
of any submitted data may invalidate an approval by the Community Development
Department.
4. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building
permits.
5. INDEMNIFICATION
To the extent permitted by law, the applicant shall indemnify and hold harmless the City, its
City Council, its officers, employees and agents (the "indemnified parties") from and
against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void this Resolution or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant
and City shall use best efforts to select mutually agreeable legal counsel to defend such
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19500 Pruneridge Avenue Page 3
action, and the applicant shall pay all compensation for such legal counsel, following the
applicant's receipt of invoices from City, together with reasonable supporting
documentation. Such compensation shall include reasonable compensation paid to counsel
not otherwise employed as City staff 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. If the applicant and the City cannot in good faith agree on joint
counsel, the City shall have the right to retain counsel of its own choosing, separate from the
applicant's litigation counsel.
6. NOTICE OF FEES DEDICATIONS. RESERVATIONS OR OTHER EXACTI.ONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other exactions.
You are hereby further notified that the 90-day approval period in which you may protest
these fees, dedications, reservations, and other exactions, pursuant to Government Code
Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying
with all of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
T'his approval of the modification is effective December 13, 2013. The appeal period will expire
on january 2, 2013.
Enclosures:
Plan Set
G:\Planning\PDREPORT\DlRreports\2013\DIR-2013-33.doc
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