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TR-2015-06b 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•planning(a�cupertino.org May 15, 2015 Kier&Wright Attn:John Noori 3350 Scott Blvd #22 Santa Clara, Ca. 95034 SUBJECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER—ASA-2015-03, TTZ-2015-06 This letter confirms the decision of the Administrative Hearing Officer, given at the meeting of May 14, 2015; approving an Architectural and Site application to allow parking lot improvements and the construction of private, on-site, bus shelters; and a Tree Removal Permit to allow the removal and replacement of ninety-nine protected trees at an office complex, located at 20525 Mariani Avenue, according to Resolution No(s). 40 and 41. Please be aware that if this permit is not used within one year, it shall expire on May 14, 2016. 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, ,f,%� -l� Kaitie Groeneweg Assistant Planner City of Cupertino Enclosures: Resolution No. 40 and 41 CC:20525 Mariani Dr.,LP,c/o Menlo Equities,Attn:Henry Bullock,490 California Ave,4�'Floor,Palo Alto Ca.94306 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 41 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO ALLOW THE REMOVAL AND REPLACMENT OF NINETY-NINE PROTECTED TREES AT AN OFFICE COMPLEX LOCATED AT 20525 MARIANI AVENUE SECTION I: PROJECT DESCRIPTION Application No.: TR-2015-06 Applicant: John Noori (Apple Inc.) Location: 20525 Mariani Avenue APN# 326-56-001 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; 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 May 14, 2015 in regard to the application; and WHEREAS, the Administrative Hearing Officer finds 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 City's consulting arborist has determined that the trees proposed for removal are all in conflict with the proposed site improvements, and are not suitable for preservation or relocation. To mitigate the tree removals, the project proposes to add 151 additional trees to the site as replacement trees. The project also increases the amount of landscaped green space over the existing conditions. The project will incorporate both young and mature trees, and many native and drought tolerant plants. 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 a Tree Removal Permit, Application no. TR- 2015-06 is hereby approved, and Resolution No.41 TR-2015-06 May 14,2015 Page 2 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-2015-06 as set forth in the Minutes of Administrative Hearing Meeting of May 14, 2015, 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 titled "MA01- Parking Lot Repair Project, Apple", dated April 24, 2015, consisting of thirteen (13) pages, labeled title sheet, C-001, C-005, C-100, C- 200, C-201, L1.0, L1.1, L2.0, L2.1, L2.2, L3.0, and SK.L1 except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT 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. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. ASA-2015-03 shall be applicable to this approval. 4. 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. 5. FINAL PLANTING PLAN The applicant shall plant replacement trees in accordance with the replacement requirements of the Protected Tree Ordinance. T'he trees shall be planted prior to final occupancy of site permits. The final planting plan shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. An ISA Certified Arborist shall confirm that the replacement trees were planted properly and according to plan prior to final occupancy. 6. TREE REPLACEMENTS The applicant shall provide 151 replacement trees for the trees proposed to be removed in conjunction with the proposed project. The number, location and type of trees shall be incorporated into the detailed landscape plan to be reviewed and approved by the Director of Community Development. In the event that a replacement tree cannot be reasonable be planted on the property as determined by a certified arborist, an in-lieu fee shall be paid. Resolution No.41 TR-2015-06 May 14,2015 Page 3 7. TREE PROTECTION The existing trees to remain shall be protected during construction per the City's Protected Tree Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall be listed on the plans, and protective fencing shall be installed around the trees to remain. Signs shall be installed on the protective fencing to let contractors know about the protected status of the tree. A report ascertaining the good health of these trees shall be provided prior to issuance of final occupancy. 8. 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. 9. NOTICE OF FEES DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS T'he 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 14� day of May, 2015 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:none ATTEST: APPROVED: /s/Kaitie Groenewe�_ /s/Gary Chao Kaitie Groeneweg Gary Chao Assistant Planner Assist. Dir. of Community Development • • or i iona . n orma ion . ee � e _ _