Reso 057 CIT'Y OF CUPER'T�NO
10300�orre Avenue
Cupertino, California 95014
IZESOLU'TIOlV 1V0. 57
OF T�IE ADMIlVISTRATIVE HEA1Zg1VG 1VIEETING OF T�IE CITX OF CUI'ER'�'IlVO'TO ALLO�T
'TI�E IZElVIOVAL AlVD REPLACEMEI�TT OF TWElVT'Y-OlVE TR�ES: THIRTEElV HOlVEY LOCUST
ANI�EIGH'�ICWAlVZAlV CI�ERRY T'I�AT AIZE PART OF AN APPROVED LAlVI�SCAP�PLAIV FOR
, T�IIE CUI'ERTIlVO�INAlVCIAI,CENTER AT 10050 N. WOLF'E ROAD
SECTIOl�T I: PROT�CT DESCRIPTIOlV
Application l�To.: TR-2015-40
Applicant: �ob Farman(I&G Direct IZeal Estate)
Location: 100501V. Wolfe Road (AI'1V 316-20-0�6)
SEC`�'IOlV II: FIlV1�I1�TGS
VVI�EREAS, the Adxninistrative Hearing Officer of the City of Cupertino received an application for a
'Tree Removal]['ermit as described in Section I. of this Resolution; and
W�IEREAS, the project is categorically exempt froxn the California Environmental C,�uality Act(CEQA);
W�IEREAS, the necessary public notices have been given as required by the Procedural Orclinance of the
City of Cupertino, and the Adininistrative �Iearing Officer held a public meeting on 1Vovember 12, 2015
in regarci to the application; and
WI�EREAS, the Administrative I�earing Officer finds:
1. T hat �he 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).
1VOW, THEIZEFORE,B]E IT RESOLVED:
That after careful consideration of the maps, facts, e�ibits, testimony and other evidence subinitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2
thereof,the application for Tree Removal, Application no. T'R-2015-40, is hereby approved; and
That the subconclu.sions upon which the findings and conditions specified in tl�is IZesolution are based
and contained in the Public Meeting record concerning Application no.(s) TIZ-2015-40 as set forth in the
1Vlinutes of Administrative Hearing Meeting of 1Vovember 12, 2015, and are incorporated by reference as
though fully set forth herein.
Resolution No. 57 TR-2015-40 November 12,2015
Page 2
SECTIOlV II�: CONDITIONS AI�IVIINISTEREI� �Y THE COlVIlVlLJ1VI'�'Y DEVELOP1VIElVT
DEI'ARTIVIEIVT
1. APPIZOVED EXI�I�ITS
Approval is basecl on the plan set entitled "Landscape Architectural Drawings, 10050 & 10080 N.
Wolfe Road, City of Cupertino, California.", consisting of twenty-three (23) sheets labeled L,0.01-
L0.03, �1.01, L1.02, L2.01 — L2.04, �,3.01 — L3.04, L4.01 —�4.04, L5.01 —L5.05, and L6.01 drawn by
Studio G Architects, dated 1VIay 29, 2015, except as may be axnended by conditions in this
resolution.
2. ACCUIZACY OF I'1ZOJEC'�'PLAlVS
The applicant/property owner is responsible to verify all pertinent property clata including but
not limited to property boundary locations, building setbacks, property size, building square
footage, any relevant easements and/or construction recorcls. Any misrepresentation of any
property data may invalidate this approval and may require additional review.
� AL
A OTATIOlV OF TI�E CONDITIOlVS OF APPROi1
3. N1V
The conditions of approval set forth shall be incorporated into and annotated on the first page of
the buildin lans.
gP
4. CONCURRENT APPIZOVAL COND�TgOlVS
The conditions of approval contained in file no.ASA-2015-19 shall be applicable to this approval.
5. TREE REPLACEMENT
The applicant shall provicle adequate tree replacements for trees proposed to be removed in
conjunction with the proposed project. The applicant shall work with staff to provide mitigation
planting locations for two more tree replacements within the courtyard area. In case these trees
cannot be planted in the courtyard, as verified by the City's consulting arborist, an in-lieu fee for
replacement trees may be paid to the City prior to building permit issuance.
6. FIIVAL,LAlVDSCAPE ID]ETAILS
The applicant shall submit cletailed landscape and irrigafion plans to be reviewed and approved by
Community Development I�irector prior to issuance of building perxnits. The landscape plan shall
inclucle water conservation ancl pesticide reduction measures in conformance with Chapter 14.15,
Xeriscape I,andscaping, and the pesticide confirol measures referenced in Chapter 9.18, Stormwater
Pollution Prevention and Watershed Protection,of the Cupertino Municipal Code.
7. L,Al�TDSCAPE IlVSTALLATIOIV REPOR'Y'
The project is subject to all provisions delineated in the Landscape Orclinance (CMC, Chapter 14.15).
A landscape installation audit shall be conducted by a certified landscape professional after the
lanciscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall inclucle, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape axid irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overlancl flow, and preparation of an irrigation schedule.
Resolution 1Vo. 57 TR-2015-40 November 12,2015
Page 3
�
The landscape installation report shall include the following statement: "T`he landscape and
irrigation system have been installed as specifieci in the landscape and irrigation design plan and
li ith the
criteria of the ordinance and the ermit."
com es w
p
P
8. LANDSCAPE AlVD IRRIGATIOlV 1VIAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and
submitted to the Director of Community Development or his/her designee, either with the landscape ,
application package, with the landscape iristallation TepOpt, or any time before the landscape
installation report is submitted.
a. Scheclules should. take into account water requirements for the plant establishment period ancl
water requireynents for established landscapes.
b. 1Vlaintenance shall include, but not be limited to the following: routine inspecfion; pressure
testing, adjustrnent and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failecl 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. Faili_ng 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. COIVSULT'ATIOlV WITT�II OT�IEIZ I�EI'ART1VIElVTS
The applicant is responsible to consult with other departments and/or agencies with regarcl to the
proposecl project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
10. IIVDEMNIFICATIOlV
To the extent permitted by law, the applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "ind.emnified parties") from and against any
claim, action, or proceeding brought by a third party against �he indemnified parties and the
applicant to attack, set aside,or void this Resolution or any permit or approval authorized hereby
for the project, including (without limitation) reimbursing the Ciiy its actual attorneys' fees and
costs incurred in defense of the litigation. I'he applicant and City shall use best efforts to select
mutually agreeable legal counsel to defend such action, and the applicant shall pay all
compensation for such legal counsel, following the applicant's receipt of invoices from City,
together with reasonable supporting documentation. Such compensation shall include reasonable
compensation paid to counsel not otherwise employed as City staff and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs directly
related to the litigation reasonably incurrecl by City. If the applicant and the City cannot in good
faith agree on joint counsel, the City shall have the right to retain counsel of its own choosing,
separate from the applicant's litigation counsel.
11. 1VOTICE O]F FEES DEDICATIONS IZESERVAT�OIVS OIZ OT�IER EXACTIOlVS
T'he Conclitions of Project Approval set forth herein may ixiclude certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Resolution No.57 TR-2015-40 November 12,2015
Page 4
Section 66020(d) (1), these Conditions constitute written no�ice of a stateinent 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 Govemment 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 12th day of November, 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 Martire Piu Gllosh
Assistant Planner City Planner