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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