Reso 035 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 35
OF THE ADMINISTRATTVE HEARING MEETING OF THE CITY OF CUPERTINO 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• PROjECT 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 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 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
P1 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 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-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. T'he 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 confirm 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 perxnit."
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 EXACTION5
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.35 TR-2013-02
October 9,2014
Page 4
PASSED AND ADOPTED this 9�h 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:
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Colin Jung ao
Associate Planner � Assist. Dir. of Community Development