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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: �-�� i� ' � � Ge ge Schroeder ary hao Assistant Planner City Planner