Reso 074TR -2016-27
CITY OF C PERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 74
OF THE ADMINISTRATIVE E lE-l]EARING MEETING OF THE CITY OF CJ]PERTINO TO
ALLOW FOR THE REMOVAL OF THREE PROTECTED TREES AND THE ]PLANTING
OF REPLACEMENT T[R]EES TO FACILITATE THE TWO -LOT SUBDIVISION AND
CONSTRUCTION OF TWO NEW TATO-STORY SINGLE -]FAMILY RESIDENCES
AT 20030 ]FOREST AVENUE (APN 316-23-107)
SECTION le PROJECT DESCRIPTION
Application No.: TR -2016-27
Applicant: Raymond Chiu
Location: 20030 ]Forest Avenue (APN 316-23-107)
SECTION llo FINDINGS FOR A TATO-STORY ]PERMIT:
WHEREAS, the City of Cupertino received an application for a Tree ][removal Permit as
described in Section I of this Resolution; and
WHEREAS, EAS, the project is categorically exempt from the California ]Environmental Quality Act
(CEQA), and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at least
one public hearing in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and
WHEREAS, the Administrative Hearing Officer finds as' follows with regard to this application:
1. 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 location of the existing protected trees would conflict with the proposed subdivision and
consequent new two-story residences..Futherrnore, replacement trees will be planted in conformance
with Chapter 14.18 and Chapter 19.28 of the Municipal Code.
Resolution No. 74 TR -2016-27 December 8, 2016
Page - 2 -
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of 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 -2016-27, is hereby
approved; and
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. TR -2016-27 as
set forth in the Minutes of Administrative Hearing Meeting of December 8, 2016, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the arborist report entitled, "Tree Assessments and
Recommendations - Raymond Chiu 20030 Forest Avenue," prepared by Larry Van
Groningen (#WE -9151A), dated October 11, 2015 consisting of ten (10) sheets; except as may
be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TM -2016-01, R-2016-27, and R-2016-30
shall be applicable to this approval.
3. 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 plant 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.
4. 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
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.
5. INDEMNIFICATION
Resolution No. 74 TR -2016-27 December 8, 2016
Page - 3 -
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, the "indemnified
parties") from and against any clams, 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 clays 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.
6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR O'1']E-I[]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,
PASSED AND ADOPTED this 8th day of December, 2016 at a noticed ]public Hearing 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:
]Ellen Yau Benjamin ]Fu
Assistant Planner Asst, Director of Community Development