Reso 043 CITY OF CUPERTIIVO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 43
OF THE ADMIlVISTRATIVE HEARING MEETING OF THE CITY OF CUPERTIIVO TO
ALLOW THE REMOVAL AND REPLACMENT OF ONE HUNDRED TWO PROTECTED
TREES AT AlV OFFICE COMPLEX LOCATED AT 19191 VALLCO PARKWAY
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2015-09
Applicant: John Noori(Apple Inc.)
Location: 19191 Vallco Parkway APN#316-20-074
SECTION II: FINDINGS
WHEREAS, the Adinulistrative 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
meeting on Nlay 28, 2015 u1 regard to the application; and
WHEREAS, the Adinuiistrative Hearing Officer finds tllat 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 properiy, and the applicant 11as
- demonstrated to the satisfaction of the approval authority that there are no reasonable
alterr�atives to preserve the tree(s).
The City's consulting arborist has determined that the trees proposed for ��emoval are all in
conflict with the proposed site imp��overrcents, and are not suitable for preservation or relocation,
except one tree that will be transplanted. To mitigate the tree removals, the project proposes to
add 112 additional trees to the site as ��eplacement trees. The project also increases tlie amount of
landscaped green space over the existing conditions. The pa°oject will inco��orate both young and
matua�e trees, and many native and dr•ought tolerant plants.
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence
subinitted in this matter, subject to the conditions which are enumerated in this Resolution
Resolution No.43 TR-2015-09 May 28,2015
Page 2
beginning on PAGE 2 thereof, the application for a Tree Removal Permit, Application no. TR-
2015-09 is hereby approved, and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Meeting record concerning Application no.(s) TR-2015-09 as
set forth in the Minutes of Administrative Hearing Meeting of May 28, 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 "VP01- Parking Lot Repair Project, Apple", dated
May 7, 2015, consisting of sixteen (16) pages, labeled title sheet, C-001, C-100, C-200, C-202,
L-1.1, L-2.0, L-2.1, L-3.0, L-3.1, L-4.0, L-4.1, L-4.2, L-5.0, L-5.2, and E-004 except as may be
amended by conditions in this resolution.
2. ACCURACY OF PROTECT 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-2015-04 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 replaceme�t
requirements of the Protected Tree Ordinance. The trees shall be planted prior to �al
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.
Resolution No.43 TR-2015-09 May 28,2015
Page 3
6. TREE REPLACEMENTS
The applicant shall provide 112 replacement trees for the trees proposed to be removed in
conjunction with the proposed project. The 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.
7. 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.
8. INDEMNIFICATION
, To the extent ermitted b law, the A licant shall indemni and hold 11armless the Cify,
p Y Pp �'
its City Council, its officers, employees and agents (the "index�ulified parties") from and
I a ainst a�1 claim action or roceedin brou ht b a third ar a ainst the indeinnified
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parties and the applicant to attack, set aside, or void this or any permit or approval
authorized hereby for the project, including (without Iiinitation) 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. 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.
Resolution No.43 TR-2015-09 May 28,2015
Page 4
PASSED AND ADOPTED this 28th day of May, 2015 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:
tie Groe eg hao
Assistant Planner Assist.Dir. of Community Development