Reso 024 TR-2013-12
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 24
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
TO ALLOW A TREE REMOVAL PERMIT FOR THE TRANSPLANTATION OF AN 18.2-
INCH COAST LIVE OAK TREE AND THE REMOVAL AND REPLACEMENT OF A 24-
INCH DIAMETER PITTOSPORUM TREE AND TWO MULTI-TRUNK CALIFORNIA
PEPPER TREES ON THE SITE OF A NEW MIXED USE BUILDING AT 10049 IMPERIAL
AVENUE
SECTION I: PROJECT DESCRIPTION &RECITALS
Application No.: TR-2013-12
Applicant: Terry Brown
Property Owner: D.G. and Shirley Long
Location: 10049 Imperial Avenue (APN 357-17-013)
Subject: Tree Removal Permit to allow the transplantation of one tree and the removal and
replacement of three trees.
WHEREAS, the Administrative Hearing Officer of 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 held a public hearing on September 12,
2013 in regard to the application; and
NOW, THEREFORE,BE IT RESOLVED:
After careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Administrative Hearing Officer hereby approves Application no. TR-2013-12 based upon the
findings described in Section II of this resolution, the public hearing record, and the minutes of the
Administrative Hearing meeting of September 12, 2013, and subject to the conditions specified in Section
III of this resolution.
SECTION II: FINDINGS:
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;
The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the
proposed new building and site improvements, and, given their condition, are not suitable for preservation or
relocation.
Resolution No.24 'TR-2013-12 September 12,2013
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 tree(s).
The City's consulting arborist has determined that the trees proposed for removal are all in conflfct with the
proposed new building and site improvements, and, given their condition, are not suitable for preservation or
relocation.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS Approval is based on plan sets received on August 23, 2013, titled "A
Mixed Use Project with all new Construction for 10049 Imperial Ave., Cupertino, CA, 95014",
consisting of five sheets labeled "Sheet No. 1 to Sheet No. 5 " and titled "Imperial Ave. Street
Elevation,"consisting of twelve sheets labeled "L1.0 to L.4.0 and Sheet 1 to Sheet 6"drawn by Ray
Rooker Architect, Reed Associates Landscape Architecture, and Nordic Engineering Inc.; The
consulting arborist report entitled, "An Evaluation of an Oak tree at 10049 Imperial Avenue,
Cupertino, California," and, "A Review of the Existing Trees at 10049 Imperial Avenue, Cupertino,
California," prepared by Michael Bench, Registered Consulting Arborist #WE-1897 dated November
26, 2012 and July 31, 2013, respectively; except as may be amended by conditions in this resolution.
2. ACCURACY OF PROIECT 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. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2013-01 and ASA-2013-03 shall be applicable to
this approval.
5. TREE APPPROVED FOR TRANSPLANTING
The existing 18.2-inch diameter Coast Live Oak tree is approved to be transplanted elsewhere on the
site as determined by the Director of Community Development in consultation with the City
Arborist. T'he applicant shall obtain the services of the City Arborist to recommend measures to
ensure the survival to the maximum extent possible. These recommendations shall be provided
prior to issuance of building/demolition permits. A report ascertaining the health of the trees
mentioned above after relocation shall be provided prior to final occupancX.
In the event that the tree transplantation is not deemed feasible by the Director of Community
Development, tree replacements shall be provided per the Protected Tree Ordinance.
Resolution No.24 TR-2013-12 September 12,2013
6. APPROVED TREE REMOVALS
See the table below for the approved list of three tree removals onsite:
Approved tree Reason for removal General location Approval
removal findin s section
Tree 1, 24" Conflict with proposed North side property 14.18.180 (A)(1),
Pittos orum tree essential structures line (2)
Tree 3, Multi-trunk Planter along rear 14.18.180 (A)(1)
California Pepper property line
tree
Tree 4, Multi-trunk Irreversible disease
California Pepper
tree
7. TREE REPLACEMENTS AND FINAL PLANTING PLAN
The applicant shall plant replacement trees in accordance with the replacement requirements of the
Protected Tree Ordinance. The trees shall be planted�rior to final occu�ancy of site�ermits.
The final planting plan shall be reviewed and approved by the Director of Community
Development with consultation by the City Arborist prior to issuance of buildin�perxnits. The
Director of Community Development shall have the discretion to require additional tree
replacements as deemed necessary. The City Arborist shall confirm that the replacement trees were
planted properly and according to plan prior to final occupancy.
8. TREE REPLACEMENT BOND
The applicant shall provide a tree replacement bond in an amount determined by the City Arborist
prior to removals and issuance of demolition and grading permits. The bond shall be returned after
the required tree replacements have been planted and verified by the Cit y Arborist.
9. 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.
10. INDEMNIFICATION
To the extent perxnitted 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 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.
11. NOTICE OF FEES DEDICATIONS, RESERVATTONS 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,
Resolution No.24 TR-2013-12 September 12,2013
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.
SECTION IV: CEQA REVIEW
This Tree Removal Permit is categorically exempt from the Califomia Environmental Quality Act
(CEQA) per section 15303 (New Construction) of the CEQA Guidelines because it applies to a mixed
residential and commercial building and site improvements not exceeding 10,000 square feet.
PASSED AND ADOPTED this 12th day of September, 2013 at a Regular Meeting of the Administrative
Hearing Meeting of the City of Cupertino, State of California,by the following roll call vote:
AYES: HEARING OFFICER: Chao
NOES: HEARING OFFICER: none
ATTEST: APPROVED:
George Schroeder ao
Associate Planner City Planner