TR-2020-044 AH Reso 123TR-2020-044
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 123
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF
CUPERTINO APPROVING A TREE REMOVAL PERMIT TO ALLOW
THE REMOVAL AND REPLACEMENT OF FOUR
PROTECTED TREES LOCATEDAT 19608 PRUNERIDGE AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2020-044
Applicant: Tim Barnes (Studio G Architects, Inc.)
Location: 19608 Pruneridge Avenue (APN 316-45-016)
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 Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at
least one public meeting in 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 15304 for the reasons
set forth in the staff report dated March 11, 2021 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:
1. That the protected trees are a detriment to the subject property and cannot be
adequately supported according to good urban forestry practices due to the
overplanting or overcrowding of trees on the subject property.
Resolution No. 123 TR-2020-044 March 11, 2021
Page 2
The proposed tree removals are due to poor initial planting locations that are not suitable for
the continued maintenance of the trees. The proposed tree replacements and locations for
replacement will improve the aesthetics of the site for its users. The City's consulting arborist
has reviewed the arborist report and takes no exception to the proposal for removal.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony, staff's 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-2020-044 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-2020-044 as set forth in the Minutes of the Administrative Hearing
Meeting of March 11, 2021 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 removal is based on the certified arborist report prepared by
Richard Gessner (ISA Certified Arborist, WE-4341B) with Monarch Consulting
Arborists, dated August 10, 2020 and consisting of 21 pages; and the tree removal and
replacement plans drawn by Studio G. Architects and TS Studio, consisting of two (2)
pages labeled L4.1 and LD.2, 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2020-006 shall be applicable to
this approval.
Resolution No. 123 TR-2020-044 March 11, 2021
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4. 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
is adequate soil drainage, that the soil is well -aerated, and irrigation systems are
thoroughly tested to provide sufficient water to landscaped areas while reducing
water waste.
5. TREE REPLACEMENTS
The applicant is required to plant replacement trees in accordance with the Protected
Tree Ordinance and per the approved replacement plan. In the event changes to the
replacement tree species, sizes, or locations are proposed, the revised planting plan
shall be reviewed and approved prior to issuance of building permits by the Director
of Community Development and in consultation with the City's Consultant Arborist,
if it is determined if the approved replacement plan is not feasible for any reason.
6. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be
prepared by a certified arborist for the trees to be retained. In addition, the following
measures shall be added to the protection plan:
■ For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
■ Signs indicating the protected status of the tree shall be installed on the protective
fencing.
■ Tree protection conditions shall be posted on the tree protection fencing.
■ No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
■ No trenching within the critical root zone area is allowed. If trenching is needed
in the vicinity of trees to be retained, the City's consulting arborist shall be
consulted before any trenching or root cutting beneath the dripline of the tree.
■ Wood chip mulch shall be evenly spread inside the tree projection fence to a four -
inch depth.
■ Retained trees shall continue to be irrigated or hand -watered to maintain them in
good health.
The tree protection measures shall be inspected and approved by the certified arborist
prior to issuance of building permits. The City's consulting arborist shall inspect the
trees to be retained and shall provide reviews prior to issuance of demolition, grading
or building permits. Additionally, a report ascertaining the good health of the trees
mentioned above shall be provided prior to issuance of final occupancy. Any trees
Resolution No. 123 TR-2020-044 March 11, 2021
Page 4
identified to be in poor health or incongruent with the site -wide tree replacement plan
in the report shall be required to be removed and replaced.
7. INDEMNIFICATION
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 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.
Resolution No. 123 TR-2020-044 March 11, 2021
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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.
PASSED AND ADOPTED this 11th day of March 2021 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.
/s/Erika Poveda
Erika Poveda
Associate Planner
h1100W611FU13
/s/Albert Salvador
Albert Salvador
Assistant Director of Community Development