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TR-2013-02b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408) 777-3308• FAX(408)777-3333• planninqCc�cupertino.org October 10, 2014 KCA Associates Attn: Kevin Chiang 44896 Osgood Rd Fremont, Ca. 94539 SUBJECT: ADMINISTRATIVE HEARING MEETTNG ACTION LETTER — ASA-2013-01, TR-2013- 02 This letter confirms the decision of the Administrative Hearing Officer, given at the meeting of October 9, 2014; approving an Architectural and Site Permit to allow for minor building fa�ade and rooftop modifications and site improvements at the Home of Christ Church; and a Tree Removal Permit to allow the removal and replacement of three trees: 2 American Sweet Gums and 1 White Birch tree that are part of an approved landscape plan for an existing office building proposed to be converted to a church, located at 10420 Bubb Road, according to Resolution Nos.34 and 35. Please be aware that if this permit is not used within one year, it shall expire on October 9,2015. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of the mailing of the notification this decision. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, pi'/� � 1 �^� Colin Jung Associate Planner City of Cupertino Enclosures: Resolution No. 34 and 35 CC:Home of Christ Church,10340 Bubb Rd,Cupertino CA 95014 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 35 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERT'INO TO ALLOW THE REMOVAL AND REPLACEMENT OF THREE TREES: 2 AMERICAN SWEET GUMS AND 1 WHITE BIRCH THAT ARE PART OF AN APPROVED LANDSCAPE PLAN FOR AN EXISTING OFFICE BUILDING PROPOSED TO BE CONVERTED TO A CHURCH AT 10420 BUBB ROAD SECTION I: PROTECT DESCRIPTION Application No.: TR-2013-02 Applicant: Kevin Chiang (Home of Christ Church) Location: 10420 Bubb Road (APN 357-20-038) 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 ResoluHon; 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 hearing on October 9, 2014 in regard to the application; and WHEREAS, the Administrative 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, 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 Tree Removal, Application no. TR-2013-02, 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.(s) TR-2013-02 as set forth in the Minutes of Administrative Hearing Meeting of October 9, 2014, and are incorporated by reference as though fully set forth herein. Resolution No.35 TR-2013-02 October 9,2014 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the undated and untitled plan set, consisting of thirteen (13) sheets labeled Pl through P13 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 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 CONDIT'IONS 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-2013-01 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. 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 th e assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confum 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. 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 Resolution No.35 TR-2013-02 October 9,2014 Page 3 complies with the criteria of the ordinance and the permit." 8. LANDSCAPE AND IRRIGATION MAINTENANCE 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 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 water requirements for established landscapes. b. Maintenance shall include,but not be limited to the following: routine inspection;pressure testing, adjustment 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. 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. 10. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, 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 applicant to attack, set aside, or void this 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 City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 11. 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, reservaHons, 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 Gove�ent 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.35 TR-2013-02 October 9,2014 Page 4 PASSED AND ADOPTED this 9� day of October 2014 at a Regular Meeting of the Administrative Hearing Meeting of the City of Cupertino,State of California,by the following roll call vote: AYES: HEARING OFFICER: Chao NOES: HEARING OFFICER: ATTEST: APPROVED: /s/Colin Jun� /s/Gary Chao Colin Jung Gary Chao Associate Planner Assist. Dir. of Community Development _��."'.,�. ���r Michael L.Bench '�_�p�3_�� � / Consulting Arborist V L-n,V/�fI�Ln} �1 C � �031� J74—JIJ1 r ,i �a� ��ar. , .� i 1 Z/ �• � ���_����....�.� �,� E- t:;' I t : ,�i,^f \�.y� 7327 Langley Canyon Road ��� �(�•°q������ �� Prunedale,California 93907 �� ----� '�."`��•`,' v i a��+$�.i P't3 ��r� .....�. �,.._.....,_.... An Brief Evaluation Trees Near Proposed Construction 10420 Bubb Road Cupertino, California Assignment I was asked by Mr. Stephen Rose, Planner, to inspect the trees near proposed construction at 10420 Bubb Road, Cupertino, California. Observations I inspected the site on May 6, 2014. It appears that the plans are not fully developed. As such, the total impact may not be fully assessed at this time. It is possible that additional trees may be impacted, which are not included in this report. Nevertheless, this report inventories those trees within the construction area, as presented at this time. I have included 23 trees in this report. Some of these would be impacted by construction. Some are included because they are in extremely poor condition. The landscape at this site has been neglected for a long time. The turf is dead in some planter beds for lack of irrigation. It appears that the shrub beds have not received irrigation in a several years. The degree to which some of the trees have declined suggests a long period. They do not decline this severe is a short time. For example, the Coast redwood Trees # 2211, 2213, 2214 and 2215 are near dead. These photos show Trees #2211 and 2213 respectively. � .. There are no af " `� green leaves on �, ,�� »'�� ,.� � � �,: these trees. �{s:. ,;,�, � � ,�, _ ,�-q .q . d ° � � ♦ p t♦ .�-iM^�1(�'�'�. �-. ,��' ��y.. �... w:w '�-. � . . ixa�t • , _ _ _ ' '�' �'y��e�"'u: 4� � '�;'�'Y� ' ., . _� Y.,. 1'�"r�i � .. t� ',� '7, Mi _ . °�.zCZ�.. � xr- ?�:�,�i �X � - t ;� � M' �"�. �� ;_ � � '+�,� ;. ���, i -� r�~,;, ' � e Ye` � •' •.�i 1 t�� �{; t h, �x v x,`k� ���,,}F +lYd��.._ � 'b.'�t"� f r: s r�'f,#��-�c Lt K. . ,��R .A ���q-,...y.ti. 'f' *�-t,� �r�.�`•',�� 1�(k'.�A z'a.�' :�..3. p.�,,�„� r: � . �' �♦p� �'�' " � '�'��e. � �, .3�,.-r� g ,,��r � - ��� � .�� . . i � � y y ti F• r lr: wt � • _ _ ,''` � � . . " . ' "� ' ..� . pi M � ..A.. • -�� jftF. .:� . �A�� y:�j __ . .� �.... � $:.�. ..JI . ��.i.: "_.. Prepared by Michael L. Bench, Consulting Arborist May 6, 2014 1 10420 Bubb Road Cupertino, California �� , ,,���, � Trees #2214 has a few partially green leaves,but Tree# t n � a« . . �h � . . . , „� ,; ,�,.,a,�e. � � � � � � ��� � 2215 is colnpletely brown (Photo to the left). . , . �� � � ��'> �:. :�� ,� .. �. �. . �' 4�. .` � k���� , �t� � � � � � t'� ... �r �"`� �'��1,I�4� t �..j� t+:•� � Ye ." "'?' ��� ��. :.. ��JC��4��*1'roF�'����",v'ST}'.����� ' � , • .. , '�i' �i�r»� �` ° }nx � ���, a� j'j!'. . y 4W:.� �p+•�� c.�� �#�tr„°�!C'��. !iy n•s... , ryV'S�..: � ��� ���,i:�i. a � ,� y1V ��'¢ ��A i,,,,y,y 4. � :(� t _ � � � Y{x,��..e"} . "� " �����F�• . ? � ._'y �.�.•�, < �[� . •t \ 7�C�' q�f�;r� i• r�_!, J " tti�{, : � ��.'� .pij� t�,. . �`��„1!*`�,.�r.ai *���1+r��-C.' .} ��va � �r+. .+£ '.r Y �t w , �{� x.#� �i �,r� «2. i��' x 74� +�"r d f Vg�g �.l��"' . '�' . .fR. rt� �.. /� �{ � . The photo to the right shows Tree#2206, a ����� ���, �,�-� �: �� ��..� '��� Montezuma pine. Normally this species is "� ':�.. �•'" �� n :`' ' `;„�4, �'' drought tolerant, but it was apparently adapted to ���.�� ; regular irrigation, before it was shut off. Currently .� it is near dead. � ��` � '"�'� ` -�*�, ,, The Coast live oak Tree # 2239 is also near dead � �' ��. �����"����� :�.�� , �, � _. � .; (no photo included of it). The Coast live oak ' �" � species normally survive without irrigation, but ` _ ' � ���.., ��,. this one was apparently adapted for the irrigation prior. The existing trees in such poor condition that they could not be expected to recover are: Trees 2206, 2211, 2213, 2214, 2215, and 2239. I recommend that these trees be removed and replaced. Impact of Proposed Construction Trees # 2234 and 2235 are directly in conflict with the entry upgrades. In addition, several trees would likely suffer significant root damage as a result of the grading for the new sidewalks and pathways. These are Trees # 2236, 2237, 2204 and 2205. The mounding in the areas of these trees is a significant factor. Grading would have to be done in an area considerably greater than the sidewalk itself. These trees would not be expected to survive. Replacements are recommended. If the new sidewalk adjacent to Trees # 2207, 2209, and 2210 could be constructed on- grade or at a maximum depth of 2-3 inches, these trees would likely survive. Prepared by Michael L. Bench, Consulting Arborist May 6, 2014 2 10420 Bubb Road � Cupertino, California Tree#2238 is a Bottlebrush shrub. It is too small to be considered a tree. It will likely be removed for pathway construction. Because it is a shrub, no replacements are recommended for it. The plan indicates 11 locations to plant new trees. Several of these locations are currently in paving. The soil beneath the paving is likely highly compacted. It will not be effective to excavate small holes for the planting of new trees if they would be expected to survive. In order to make these planting areas viable, a 15 foot square area must be excavated at each location, it will be essential to perform percolation tests to assure good drainage in each planting pit. I suspect the soil in these areas may have to be replaced. In short, the preparation required to plant new trees in these areas will be extensive. All new planted trees will require imgation both to establish them arid to maintain them for the long term. Replacement Species I recommended the species Chinese pistache(Pistacia chinensis) be planted as replacement trees. Respectfully submitted, ��_____ Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification#WE 1897A American Society of Consulting Arborists Member Prepared by Michael L. Bench, Consulting Arborist May 6, 2014 3 10420 Bubb Road List of Trees Cupertino,California .� � .�l 1 �� y� iF ��� � �9 fdr+ .yx 'F �'4 '� A:.1 4� P xj� t �� k .� � � � % � �A� fg d � I � �� ...� ( � i � a � � :. � � �,�'�hMM: ,. a � ''�r� # ,�a y .:� t � � � � �j � { � i`� ���� �� ���� �"N� � rl��Ul�.�����`.� � i ��• . Wt1�ldlt B�At+i8t1. _ � t±i�htl��btt ' _ _,..--------_ ._,__.�___._.___.------___.._._.. _ ...__�___ . __ _.__ 2201 American Sweet Gum 19 50 25 1 4 Fair Topped (Liquidambar styraciflua) 2202 White Birch 7/7 30 15 3 4 Fair Topped (Betula pendula) 2203 White Birch 12/11 30 20 2 4 Fair Topped 2204 American Sweet Gum 18 40 25 1 4 Fair Topped 2205 American Sweet Gum 5 20 10 1 4 Fair 2206 Montezuma Pine 17 30 30 5 3 Extremely Poor Near Dead (Pinus montezumae) 2207 Coast Live Oak 18 20 25 2 2 Good (Quercus agrifolia) 2208 Coast Live Oak 16 25 25 3 2 Fair 2209 Coast Live Oak 14 30 25 3 2 Fair 2210 Chinese Elm 9/9 20 35 3 4 Fair (Ulmus parvifolia) 2211 Coast Redwood 23 60 25 5 2 Poor (Sequoia sempervirens) 2213 Coast Redwood 18 50 20 5 2 Poor 2214 Coast Redwood 18/10 35 25 5 2 Poor 2215 Coast Redwood 9 30 15 5 2 Poor 2234 American Sweet Gum 12 35 25 2 2 Fair 2235 White Birch 13 30 25 3 4 Fair Topped 2236 American Sweet Gum 13 35 35 2 4 Fair Topped 2237 American Sweet Gum 10 30 25 2 4 Fair Topped 2238 Bottlebrush Shrub 5/5 10 10 1 1 Excellent (Callistemon citrinus) 2239 Coast Live Oak 16 20 20 4 2 Poor Severe Drought Stress 2000 Deodar Cedar 10 25 20 1 1 Excellent (Cedrus deodara) 2001 Coast Live Oak 10 15 20 1 1 Excellent Sycamore bark moth attack- not serious 2002 Crape Myrtle 4 10 10 2 1 Good (Lagerstromia indica) Prepared by Michael Bench Consulting Arborist May 6,2014 � �,�__. ._ _ �,, , - aN)Ft�`t3iie PtIlYGRUwM�lffi tR:� .�, .� , _ a a _ � �� � , � . . _ - {NjCASTIR4N+�E!V�� � {�y Cot�rca��.E P�a -- - _ � _ _ �E�t���E����E�a�►�H � 81KF PARK,Ai{5 j N)SFCiRTG{3URT '� '` . � � � ���� .z, .,,� ..r. ... � � ' ��� <i s' . ._av� `}.. , �£ .. a ... .. . � �•=�� � fe � €., ` " . .F+�niir� w n.m.�-,...y � + � \ * f � � . . ....»„ ; :�.„�.,,,n.y,�°, k . �..d x'�,f � � . < �a t .� � �. .m a , a _ _ �. _� � � � _ _ ._ � ,.�. °° '� � � � tNiSNRUB �rs� ,, �� .....�._.�,� _..,. e(�NCR�*f SIUfW,�IK . # , ' I , � " °'•.+NjS�t1€FiiAt��tAM� �1+...� -� I t}:1x .. « � ! • ° � .. � t �. . : � s � 3. � ��� _ , w�r �...�..., - ,_ � � .# ` ` �., (�L� .a � (�� , : T_ E � �-__ _�-�-__� � �-� .� < :� _ � ,,,,� � � '� � �� �e •.�'�"`��.��� �� . ��`" � � � ,�,�; � ;�)�t�r��s � �,, � � ��� � ����_ � # -� � � �� _ � =- - . � F . } > � � x . . �, � : . � � � � � � � 1zo,� �� � .� � ,. . � : , � � . r � �� .�zc�� � � � �.�. _ -=-��� . � � ,a } , y g � ; �_ ,� � ��� �� � ���t� .�aush ��� �� � �" �� � � , ��. ��--�.�,�� _ �: _ a.r � ,�G.� ���U�� � � � � i# -,`�� � �• � j � �� � s� � ` `� ���� '� 3.�.3� 'x?.�Q � . , s+r.!».. � . � , � .m` =.g ' ���-...... , n..� i �. _ . m : .. .. � Z2ID ����� � � � a, �� ����' 24� '�� � 'y�'� ry��`' � F �, �; ` .�, ,< �.y� ��� r �� �/� �,JG,7,i •• � ��� Trcc �ft� } " �t�? � ��; �� ,`,�M� �. � r.:- <1 i�lark-i � tif the Sitca Pts�n � � �� � ,�` ,�.��}}�� � ��, ��� �Z��� �..��'� Site: 1tF�21) I;ubb Itc�ad +�r , - ,�'{ �= C`uprrtin+�,C�lif��rnia a �' � ,ZDt� ,Z.�U i {)bscr►�atic�ns: �►-C�-1� -� � 1lirht��l [,. 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