Reso 050 CITY OF CUPERT�IVO
10300 Torre Avenue
Cupertino, California 95014
RESOL�JT�OlV NO. 50
OF THE AD1VIIlVISTRATIVE HEAIZIlVG MEETgNG OF'THE CITY OF CUPERTINO TO ALLOW
'T�IE�ZElVIOVAL AND REPLACEM�NT OF THREE TREES: 2 AlVIERICAN SWEET GUlVdS
AND 1 VVHITE BIRCH THAT ARE PAR'T OF A1V APPROVE�LAl�TDSCAPE PLAlV FOR '
THE�iOME OF CHIZIST CHURCH AT 10420�UB� YZOAD
SECTIOlV I: PROjECT T�ESCRIPTIOIV
Application 1Vo.: TR-2015-33
Applicant: Kevin Chiang (Home of Christ Church)
Location: 10420 Bubb Road (AP1V 357-20-038)
SECTIOlV II: FINDINGS
WHEREAS, the Adinulistrative Hearing Officer of the City of Cupertino receivecl an application for a
Tree Removal Permit as described in Section I. of this Resolution; and
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 August 13, 2015 in
regard to the application; and
WHER�AS, the Adininistrative Hearing Officer finds:
1. T hat 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).
NOW, THEREFORE,BE IT RESOLVED:
That after careful consideration of the maps, facts, e�ibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enurnerated in this IZesolution begirululg on PAGE 2
thereof,the application for Tree lZemoval, Application no. TR-2015-33, is hereby approved, and
�That the subconclusions tapon which the finclings and conditions specified in this Resolution are based
and contained in the Public Ndeeting record concerning Application no.(s) TR-2015-33 as set forth in the
Minufes of Admu-Listrative Hearing 1Vleeting of August 13, 2015, ancl are incorporated by reference as
though fully set forth herein.
Resolution No.50 TR-2015-33 August 13,2015
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "TI and Site Improvement, The Home of Christ
Church in Cupertino, 10420 Bubb Rd, Cupertino Ca.", consisting of six (6) sheets labeled Al
through A7 drawn by Kevin Chiang, AIA, and an arborist report prepared by Michael L. Bench
dated May 6, 2014, 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. 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 no. ASA-2015-17 shall be applicable to this approval.
5. TREE REPLACEMENT
T'he applicant shall provide adequate tree replacements for trees proposed to be removed in
conjunction with the proposed project. The number, location and type of trees are incorporated into
the approved landscape plan, which is amended to increase the planting tree size to 24-inch box
specimens for all five replacement trees.
6. FINAL LANDSCAPE DETAILS
The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by
Community Development Director prior to issuance of building permits. The landscape plan shall
include water conservation and pesticide reduction measures in conformance with Chapter 14.15,
Xeriscape Landscaping, and the pesticide control measures referenced in Chapter 9.18, Stormwater
Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code.
7. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15).
A landscape installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
Resolution No.50 TR-2015-33 August 13,2015
Page 3
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
coxnplies with the criteria of the ordinance and the permit."
8. LAIVDSCAPE ANI�IRRIGATION MAINTENAIVCE
Per the Landscape Ordinance (C1VIC, Chapter 14.15), a maintenance schedule shall be established and
submitted to the I�irector of Community Development or his/her designee, either with the landscape
application package, with the landscape installation report, or any time before the landscape
installation report is submitted.
a. Schedules should take into account water requirements for the plant establishment period and I
water requirements for established landscapes. '
b. Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustrnent and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c. Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water,nutrients, pest control
or other factors as recommended by a landscaping professional.
'' 9. COlVSULTATIOlV WITH OTHER DEPARTIV�ENTS
' 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 I�epartment.
10. INDEMIV�FICATIOlV
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its
Cl� COU11C11, 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
a licant t k i
pp o attac , set as de, or void this or an ermit or a roval authorized hereb for the
Y P PP Y
I project, including (without limitation) reimbursing the City its actual attorneys' fees and costs
incurred in d.efense of the litigation. The City may, in its sole discretion, elect to defend any such
action with attorneys of its choice.
11. IVOTICE OF FEES, I�E]�ICATIONS,RESERVATIOlVS OR OT�IER EXACTIOlVS
T`he Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Govexnxnent 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. 1'ou 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.50 TR-2015-33 August 13,2015
Page 4
PASSED AND ADOPTED this 13th day of August, 2015 at a noticed Public Meeting of the
Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of
Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section
19.12.120.
ATTEST: APPROVED:
Gian Martir ao
Assistant Planner Asst. Director of Community Development