Reso 070CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 70
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
TO ALLOW THE REMOVAL AND REPLACEMENT OF 21 DEVELOPMENT TREES
AT AN EXISTING RETAIL BUILDING
SECTION 1: PROJECT DESCRIPTION
Application No.: TR -2016-35
Applicant: Jeff Oparowski (19900 Stevens Creek Blvd. LLC)
Location: 19900 Stevens Creek Boulevard (APP: 369-05-038)
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
meeting on November 10, 2016 in regard to the 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).
The location of the development trees would conflict with. the newly proposed parking spaces and
reconfiguration. As a result, these trees need to be, removed. However, replacement 36 -inch and 24 -
inch box trees will planted in conformance with Chapter 14.18 and 19.124 of the Municipal Code.
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 -2016-35, is
hereby approved; and
Resolution No. 70 TR -2016-35 November 10, 2016
Page 2
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 -2016-35 as
set forth in the Minutes of Administrative Hearing Meeting of November 10, 2016, 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 entitled "19900 Stevens Creek Blvd." consisting of
thirteen (13) sheets labeled as A1.00, A1.01, L1-L5, and C1.0 -C6.0 drawn by Arc Tec,
dated received September 12, 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. 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 -2016-13 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. If it is determined that it is physically
not feasible to plan the required replacements trees, the Applicant may pay in -lieu fees
determined to be appropriate by the Community Development Director. 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.
6. 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.
Resolution No. 70 'TR -2016-35 November 10, 2016
Page 3
7. 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.
8. 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.
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(4) (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 10th day of November, 2016 at a noticed Public Meeting of the
Administrative Hearing Officer of the City of Cupertino, State of California, held by the
Director of Community/)Development, or his or her designee, pursuant to Cupertino Municipal
Code Section 19.12.120.
ATTEST:
Dian Paolo Martit
Associate Planner
APPROVED:
Benjamin ]Fu
Assistant Director of Community Development