TR-2015-09b OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT I N 4 (408) 777-3308 • FAX(408)777-3333•�lanninq cupertino.org
May 29, 2015
Nterra Group
Attn:John Noori
1155 N. First Street #214
San Jose, Ca. 95112
SUBJECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER-ASA-2015-04, TR-2015-09
This letter confirms the decision of the Administrative Hearing Officer, given at the meeting of May 28,
2015; approving an Architectural and Site application to allow parking lot improvements including
private, on-site, bus shelters and an outdoor seating area; and a Tree Removal Permit to allow the
removal and replacement of one hundred and two protected trees at an office complex, located at 19191
Vallco parkway, according to Resolution No(s). 42 and 43.
Please be aware that if this permit is not used within one year, it shall expire on May 28, 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,
l _
Kaitie Groeneweg
Assistant Planner
City of Cupertino
Enclosures:
Resolution No. 42 and 43
CC:Apple,Inc,Attn:Jacki Horton, 1 Infinite Loop MS 119-DDC,Cupertino Ca.95014
Bryan Carrera,Nterra Group,1155 N.First Street#214,San Jose,Ca.95112
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 43
OF THE ADMINISTRATTVE HEARING MEETING OF THE CITY OF CUPERTINO TO
ALLOW THE REMOVAL AND REPLACMENT OF ONE HUNDRED TWO PROTECTED
TREES AT AN OFFICE COMPLEX LOCATED AT 19191 VALLCO PARKWAY
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2015-09
Applicant: John Noori (Apple Inc.)
Location: 19191 Vallco Parkway APN# 316-20-074
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
meeting on May 28, 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 lias determined that tlie trees proposed for removal are all in
conflict with the proposed site improvements, and are not suitable for preservation or relocation,
except one tree that will be transplanted. To mitigate the tree removals, the project proposes to
add 112 additional trees to the site as replacement trees. The project also increases the amount of
landscaped green space over the existing conditions. Tlze project will incorporate both young and
mature trees, and many native and drought tole��ant 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
Resolution No.43 TR-2015-09 May 28,2015
Page 2
beginning on PAGE 2 thereof, the application for a Tree Removal Permit, Application no. TR-
2015-09 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 no.(s) TR-2015-09 as
set forth in the Minutes of Administrative Hearing Meeting of May 28, 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 "VP01- Parking Lot Repair Project, Apple", dated
May 7, 2015, consisting of sixteen (16) pages, labeled title sheet, C-001, C-100, C-200, C-202,
L-1.1, L-2.0, L-2.1, L-3.0, L-3.1, L-4.0, L-4.1, L-4.2, L-5.0, L-5.2, and E-004 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
T'he conditions of approval contained in file nos. ASA-2015-04 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. The 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.
Resolution No.43 TR-2015-09 May 28,2015
Page 3
6. TREE REPLACEMENTS
The applicant shall provide 112 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.
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. INDEMNIFICAT'ION
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
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.43 TR-2015-09 May 28,2015
Page 4
PASSED AND ADOPTED this 28t'' 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:
ATTEST: APPROVED:
/s/Kaitie Groenewe� /s/Gary Chao
Kaitie Groeneweg Gary Chao
Assistant Planner Assist. Dir. of Community Development
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