Reso 134CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION N0. 134
OF THE ADMINISTRATIVE HEARING OFFICER
OF THE CITY OF CUPERTINO APPROVING A TREE REMOVAL
PERMIT TO ALI,OW THE TRANSP[,ANTING OF 68 TREES, AND
THE REMOVAL AND REPLACEMENT OF 21 TREES AT APPLE PARK
LOCATED AT 4 APPLE PARKWAY
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2022-027
Applicant: Apple, Inc.
Location: 4 Apple Parkway; APN: 316-06-061
SECTION II: FINDINGS TREE REMOV AL PERMIT:
WHEREAS, the City of Cupertino received an application for a Tree Removal permit as
described in Section I of this Resolution; and
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on October 15, 2013, the City Council adopted Resolution No. 13-
084, adopting an Environmental Impact Report (EIR)for the Apple Park Project; and
WHEREAS, environmental analysis was conducted by LSA, Inc. pursuant to the
requirements of CEQA, and an addendum to the EIR was prepared which found that no
new or substantially increased significant environmental effects; 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, 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:
2. That the location of the trees restricts the economic enjoyment of the property by
severely limiting the use of property in a manner not typically experienced by
Resolution No. 134 TR-2022-027 February 9, 2023
Page 2
owners of similarly zoned and situated property, and the applicant has
demonstrated to the satisfaction of the approval authority that there are no
reasonable alternatives to preserve the tree(s).
The applicant's arborist, as weu as the City's consultant arborist, has found that the area
in which the structure wil7 be located ca;nnot 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, 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-2022-027 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-2022-027 as set forth in the Minutes of the Administrative Hearing
Meeting of February 9, 2023 and are incorporated by reference as though fully set forth
herein.
SECTION III: CONDITIONS
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
ADMINISTERED BY THE COMMUNITY
This approval for tree removals is based on the certified arborist report prepared by
Tyson Carroll (ISA Board Certified Master Arborist, PLA #5803) with Wood
Architecture, dated October 25, 2022 consisting of forty-nine (49) pages, except as may
be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including butnot limited to properff 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-2022-006 shall be applicable to
this approval.
Resolution No. 134 TR-2022-027 February 9, 2023
Page 3
4. TREE REPLACEMENTS
Prior to issuance of Building Permits, applicant must provide staff with the
replacement plan consistent with CMC 14.18 Protected Trees. Any trees that have
been boxed and stored offsite but have died prior to panting must also be replaced in
accordance with CMC 14.18 Protected Trees. Prior to Final Occupancy, an ISA Board
Certified Master Arborist shall confirm in writing that alI replacement trees have been
planted.
5. TREE AND LANDSCAPE MAINTENANCE
The proper'ff 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.
6. 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
Ilproceeding") broughtby 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
Resolution No. 134 TR-2022-027 February 9, 2023
Page 4
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.
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.
PASSED AND ADOPTED this 9th day of February 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 I 12.120.
ATTEST:APPROVED:
/"\
Gian Pao o
Senior
Luke Connolly
Administrative Hearing Officer