Reso 100CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 100
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO
TO ALLOW THE REMOVAL AND REPLACEMENT OF SEVEN (7)
DEVELOPMENT TREES TO FACILITATE THE CONSTRUCTION OF A
NEW SINGLE FAMILY HOME ON A VACANT LOT IN A PLANNED
RESIDENTIAL ZONE (SEVEN SPRINGS) (APN 366-09-044)
SECTION I: PROTECT DESCRIPTION
Application No.: TR -2017-42
Applicant: Satya Dasari
Location: Lot 190 Stauffer Lane (APN 366-09-044)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received 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); 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 meeting 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:
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);
w
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The three (3) Coast Live Oak, ranging in size from 10" to 44" DBH, and four (4) peach trees,
ranging in size from 15" to 20 DBH, at their locations on the project lot are situated in
locations that would severely restrict a reasonably sized home, as compared to the
surrounding neighborhood, from being built and are located within the building pad of the
proposed project. The City's Municipal Code allows removal of such trees as long as
appropriate replacements are planted.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Application No. TR -2017-42, 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 TR -2017-42 as set forth in the Minutes of the Administrative Hearing
Meeting of November 20, 2018, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the arborist report prepared by John J. Leone (#WE -1056A),
dated March 2017 consisting of 26 sheets, including a site plan and photographs;
except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA -2017-08 shall be applicable
to this approval.
3. TREE REPLACEMENT SIZE AND LOCATION
The applicant has proposed to plant three (3) 24" and one (1) 36" box oak trees to
satisfy the replacement requirement of the oak trees to be removed. In lieu of the
proposed palm trees, native and drought tolerant trees shall be provided for the four
peach trees proposed to be removed, to the satisfaction of the Community
Development Director.
The size of the proposed replacement trees shall be consistent with the City's
Protected Tree Ordinance unless deemed infeasible by the City's Consulting
Arborist:
a. Diameter of trunk size of removed tree up to 12 inches shall be replaced with
one 24 -inch box tree;
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b. Over 12 inches and up to 36 inches shall be replaced by two 24 -inch box tree
or one 36 -inch box tree; and
c. Over 36 inches shall be replaced with one 36 -inch box tree.
If it is determined by the City's Consulting Arborist 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.
4. ARBORIST REVIEW
Prior to building permit issuance, the number, location and species of trees shall be
reviewed and approved by the City in consultation with the City's Arborist.
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. The City's consulting arborist shall
inspect the trees after planting and a report ascertaining the good health of the trees
mentioned above shall be provided prior to issuance of final occupancy.
5. 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.
6. INDEMNIFICATION
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 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.
Resolution No. 100 TR -2017-42 November 20, 2018
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7. 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.
PASSED AND ADOPTED this 20th day of November, 2018 at a special noticed
Administrative Hearing Meeting of the City of Cupertino, State of California, held by
the Administrative Hearing Officer, or his or her designee, pursuant to Cupertino
Municipal Code Section 19.12.120.
ATTEST:
APPROVED:
Jeffrey Tsumura enjamin Fu
Assistant Planner Asst. Director of Community Development