Reso 015 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 15
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
TO ALLOW THE REMOVAL AND REPLACEMENT OF EIGHT PROTECTED TREES
ASSOCIATED WITH A PREVIOUSLY APPROVED ARCHITECTURAL AND SITE
APPROVAL (ASA-2012-07) AT AN EXISTING SHOPPING CENTER LOCATED AT
20640-20676 HOMESTEAD ROAD
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2013-07
Applicant: Jeff Oparowski(The Sobrato Organization)
Location: 20640-20676 Homestead Road (APN 326-10-066)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application to
allow a Tree Removal Permit to allow the removal and replacement of eight protected trees associated
with a previously approved Architectural and Site Approval (ASA-2012-07) at an existing shopping
center.
WHEREAS, the Administrative Hearing Officer finds:
1) That the trees are irreversibly diseased, are in danger of falling, can cause potential damage to
existing or proposed essential structures, or interferes with private on-site utility services and cannot
be controlled or remedied through reasonable relocation or modification of the structure or utility
services;
Tree nos. 6, 7, 8, and 74 are in conflict with new or modified underground utility lines which were previously
approved under ASA-2012-07. The trees will be replaced in the same general location in accordance with the
Protected Tree Ordinance.
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 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 trees.
Tree nos. 90-93 are in conflict with revised drive aisles and landscape islands which were previously approved
under ASA-2012-07. The trees will be replaced in the same general location in accordance with the Protected
Tree Ordinance.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Application No. TR-2013-07, is hereby approved; and
Resolution No. 15 TR-2013-07 March 28,2013
Page 2
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the public hearing record concerning Application TR-2013-07 as set forth in the Minutes
of the Administrative Hearing Meeting of March 28, 2013, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the tree disposition plan entitled, "A Phase 2 Site Demoliton Package for:
Homestead Square, Homestead Road & North De Anza Boulevard, Cupertino, CA 95014," dated
January 2, 2013 by Arc Tec, and except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2013-02 shall be applicable to this approval.
3. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions for approval file nos. TR-2010-08 and TR-2011-48 shall remain in effect, unless
superseded by the conditions of approval for TR-2013-07.
4. REQUIRED TREE REPLACEMENTS
The applicant shall be responsible for the following tree replacements, in accordance with the City's
Protected Trees Ordinance:
Removed Tree Required re lacements
21" Red Iron Bark (Tree#6) Two 24" box trees
15" Red Iron Bark(Tree#7) Two 24" box trees
2" Shamel Ash(Tree#8) One 24" box tree
3" London Plane (Tree#74) One 24" box tree
12" Cam hor(Tree#90) Two 24" box trees
9" Cam hor (Tree#91) One 24" box tree
7.5" Mimosa (Tree #92) One 24" box tree
4.5" Jacaranda (Tree#93) One 24" box tree
The final planting plan shall be reviewed and approved by the Director of Community Development
prior to issuance of building permits. The required replacement trees shall be planted prior to final
occupancy of the project associated with file nos. U-2009-08, ASA-2013-02, ASA-2011-17, ASA-2012-
07 and any other subsequent planning permits.
The Director of Community Development shall have the discretion to require additional tree
replacements as deemed necessary.
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,
Resolution No.15 TR-2013-07 March 28,2013
Page 3
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance 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 City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
6. 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. 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.
PASSED AND ADOPTED this 28th day March, 2013 at a Regular Meeting of the Administrative Hearing
Meeting of the City of Cupertino, State of Califomia,by the following roll call vote:
AYES: HEARING OFFICER: Gary Chao
NOES: HEARING OFFICER:none
ABSENT: HEARING OFFICER:none
ATTEST: APPROVED:
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Assistant Planner City Planner