Reso 041 CI`I'Y OF CUPERTIlVO
10300 Torre Avenue
Cupertino, California 95014
IZESOLUTIOlV NO. 41
OF THE AI�IVIINISTRATIVE HEARIIVG MEETIlVG OF THE CI'TY OF CUPERTIIVO TO
ALLOW THE REMOVAL AND REPLACMElVT OF NINETY-NIlVE PIZOTECTED
�I'REES AT AN OFFICE COMPLEX LOCATED AT 205251VIARIANI AVElV�JE
SECTION I: I'ROTECT DESCRIPTIOlV
Application 1Vo.: TR-2015-06
Applicant: John Noori(Apple Inc.)
Location: 20525 Mariani Avenue APIV# 326-56-001
S�CTION II: FIlVDINGS �I
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application �'�
for a`�'ree Removal permit as described in Section I. of this Ilesolution; '
- WHEREAS, the project is categorically exempt from the California Environmental Quality Act
; I
(CEQA); ��
WHEREAS, the necessary public notices have been given as required by the Procedural I
Ordinance of the City of Cupertino, and the Administrative Hearing Officer held a public I
hearing on May 14,2015 in regard to the application; and II�
WHEREAS, the Administrative Hearing Officer finds 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
conflict with the proposed site improvements, and are not suitable for preservation or relocation.
To mitigate the tree removals, the project proposes to add 151 additional trees to the site as
replacement trees. The project also increases the amount of landscaped green space over the
existing conditions. The project will incorporate both young and mature trees, and many native
and drought tolerant plants.
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 2 thereof, the application for a Tree Removal Permit, Application no. TR-
2015-06 is hereby approved, and
Resolution No.41 TR-2015-06 May 14,2015
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 no.(s) TR-2015-06 as
set forth in the Minutes of Administrative Hearing Meeting of May 14, 2015, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set titled "MA01- Parking Lot Repair Project, Apple", dated
April 24, 2015, consisting of thirteen (13) pages, labeled title sheet, C-001, C-005, C-100, C-
200, C-201, L1.0, L1.1, L2.0, L2.1, L2.2, L3.0, and SK.L1 except as may be amended by
conditions in this resolution.
2. ACCURACY OP 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
T'he conditions of approval contained in file nos. ASA-2015-03 shall be applicable to this
approval.
4. 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.
5. 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.
6. TREE REPLACEMENTS
The applicant shall provide 151 replacement trees for the trees proposed to be removed in
conjunction with the proposed project. T'he number, location and type of trees shall be
incorporated into the detailed landscape plan to be reviewed and approved by the Director
of Community Development. In the event that a replacement tree cannot be reasonable be
planted on the property as determined by a certified arborist, an in-lieu fee shall be paid.
Resolution No.41 TR-2015-06 May 14,2015
Page 3
7. TREE P120TECTION
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 irees
shall be provided prior to issuance of final occupancy.
8. INDElVIIVIFICATION
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.
9. NO'TICE OF FEES DEDICATIONS RESERVATIONS OR OTHEIZ EXACTIOl�TS
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 AlVD ADOPTED this 14� day of May, 2015 at a Regular 1Vleeting of the Administrative
Hearing 1Vleeting of the City of Cupertino, State of California,by the following roll call vote:
AYES: HEARING OFFICER: Chao
IVOES: HEARING OFFICER:none
A'TTEST: APPROVED:
� ��,� ---
� tie Groeneweg Gar- ��
ssistant Planner Assist. Dir. of Community Development