Reso 032 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 32
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO ALLOW
THE REMOVAL AND REPLACMENT OF TWELVE PROTECTED TREES AT THE MCCLELLAN
SQUARE SHOPPING CENTER LOCATED AT 10385-10497 S. DE ANZA BLVD
SECTION I• PROTECT DESCRIPTION
Application No.: TR-2014-27
Applicant: Aaron Zuzack(Browman Development)
Location: 10385-10497 S. De Anza Blvd (APN 359-17-019)
SECTION II: FINDINGS
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;
WHEREAS, the project is categorically exempt from the California Environmental Quality Act(CEQA);
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 June 26, 2014 in
regard to the application; and
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;
The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the
proposed site improvements, and are not suitable for preservation or relocation.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 3
thereof, the application for a Tree Removal Permit, Application no. TR-2014-27 is hereby approved, and
'That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application no.(s) TR-2014-27 as set forth in the
Minutes of Administrative Hearing Meeting of June 26, 2014, and are incorporated by reference as
though fully set forth herein.
Resolution No.32 TR-2014-27 June 26,2014
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set dated May 21, 2014, consisting of one (1) sheet entitled,
"McClellan Square, Cupertino" drawn by Johnson Lyman Architects, LLC, 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 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2014-03 shall be applicable to this
approval.
4. 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 prior to final occupancy of site permits.
The final planting plan shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits. The Director of Community Development
shall have the discretion to require additional tree replacements as deemed necessary. An ISA
Certified Arborist shall confirm that the replacement trees were planted properly and according
to plan prior to final occupancy.
5. TREE REPLACEMNETS
The applicant is required to plant twelve (12) 24" box replacement tree in accordance with the
Protected Tree Ordinance. All replacement trees shall be native, low-water using species.
6. TREE PROTECTION
The existing trees to remain shall be protected during construction per the City's Protected Tree
Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures
shall be listed on the plans, and protective fencing shall be installed around the trees to remain.
Signs shall be installed on the protective fencing to let contractors know about the protected
status of the tree. A report ascertaining the good health of these trees shall be provided prior to
issuance of final occupancy.
7. DETACHED SIDEWALK
The applicant is required to provide one additional tree well along McClellan Road. The final
design and placement shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
8. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
Resolution No.32 TR-2014-27 June 26,2014
Page 3
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
9. 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, action, or proceeding brought by a third party against the indemnified parties and the
applicant to attack, set aside, or void this 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.
10. 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 26�'' day of June, 2014 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:
ATTEST: APPROVED:
,
< < < �
,
_ —� —
itie Groen eg �.�Ga "ao
Assistant Planner Assist. Dir. of Community Development