Reso 068CITY OF ClUP ERT INO
10300 Torre Avenue
Cupertino, California 950.4
RESOLUTION NO. 68
OF THE ADMINISTRATIVE RA IVE ]E-][IEARING MEETING OF THE CITY OF CJPERTINO
TO ALLOW THE REMOVAL AND REPLACEMENT OF ONE FOURTEEN
EIEN
INCH DIAMETER AT BREAST HEIGHT COAST LIVE OAK AT AN EXISTING
QUASI -PUBLIC ]FACILITY
SECTION le PROJECT DESCRIPTION
PTION
Application No.: TR -2016-43
Applicant: Salvatore Caruso (Ramon blvd. Inc.)
Location: 22825 San Juan ][load (APN: 342-22-109)
SECTION ffe ]FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application
for° a 'free ][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 November 10, 2016 in regard to the application; and
WHEREAS, the Administrative Hearing Officer finds:
T. That the locations 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 trees are located on the northern slope of the property that needs to be graded to ensure improved
slope stability. As a result several trees included one 14 "_Diameter at Breast Height (DDH)
Protected Coast hive Oak tree needs to be removed. However, these trees will be replaced with 24 -inch
box trees'of a similar species upon completion of the grading.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the neaps, facts, exhibits, testimony and ether evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution
r
Resolution No. 68 TR -2016-43 November 10, 2016
Page 2
beginning on PAGE 2 thereof, the application for Tree Removal, Application no. TR -2016-43, 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 -2016-43 as
set forth in the Minutes of Administrative Hearing Meeting of November 10, 2016, 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 entitled "Our Lady of Santa Clara' consisting of
twenty-one (21) sheets labeled as A0.1 -A0.3, A1.2 -A1.4, S1.0, S2.1, S3.1, S5.1 -S5.6, and
C1.0-05.0 drawn by SCDC Architecture Interior Design, dated received September 28,
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. 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 -2016-08 shall be applicable to this
approval.
5. TREE REPLACEMENT
The applicant shall provide adequate tree replacements for trees proposed to be
removed in conjunction with the proposed project. If it is determined that it is physically
not feasible to plan the required replacements trees, the Applicant may pay in -lieu fees
determined to be appropriate by the Community Development Director. The
replacement trees shall be planted prior to building permit final. The Applicant shall
provide the Department of Community Development adequate documentation,
including, but not limited to, photographs, receipts or invoices, to verify that
replacements have been planted.
6. PROTECTED TREES
The Applicant understands that the replacement trees may not be removed without a
Tree Removal Permit and that they shall be responsible for ensuring the proper
Resolution No. 68 TR -2016-43 November 10, 2016
Page 3
maintenance and care of the trees. The applicant shall also disclose the location and
species of all replacements trees on site upon sale of the property.
7. 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.
8. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and bold harmless the
City, its City Council, and its officers, employees and agents (collectively, the "indemnified
parties") from and against. any claim, action, or proceeding brought by a third party
against one or more of the indemnified parties or one or more of the 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
City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant
shall pay such attorneys' fees- and costs within 30 days following receipt of invoices .from
City. Such attorneys' fees and costs shall include amounts 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 incurred
by City.
9. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR ®Tl-3[ER 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. 68 TR -2016-43 November 10, 2016
Page 4
PASSED AND ADOPTED this 10th day of November, 2016 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:
Erick Serrano
Associate Planner
APPROVED:
Benjamin Fu
Assistant Director of Community Development