Reso 6540 TR-2008-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6540
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE
REMOVAL OF UP TO 84 TREESAND RELOCATION OF UP TO 13 TREES ON A 17.4 ACRE
SITE LOCATED NORTH OF STEVENS CREEK BOULEVARD BETWEEN FINCH AVENUE
(INCLUDING THE WEST SIDE OF FINCH AVENUE) AND N.TANTAU AVENUE,SOUTH
OF VALLCO PARKWAY (MAIN STREET CUPERTINO)
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2006-08
Applicant: Kevin Dare (Sand Hill Property Company)
Location: North side of Stevens Creek Boulevard between Finch Avenue (including
the west side of Finch Avenue) and N. Tantau Avenue, south of Vallco
Parkway
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application to
remove up to 84 trees and relocate up to 13 trees;and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter;and
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps,facts,exhibits,testimony and other evidence submitted
in this matter,application for Tree Removal 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 TR-2008-08, as set
forth in the Minutes of the Planning Commission Meeting of January 6, 2009 are incorporated
by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVAL ACTION
The approval is based on Exhibits titled: "Main Street Cupertino Tree Disposition Plari'
consisting of 1 page, numbered "7", except as may be amended by the conditions contained
in this resolution.
Resolution No. 6540 TR-2008-08 January 6, 2009
Page 2
2. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Design Review Committee prior to issuance of building permits. The
landscape plan shall provide the following:
A. 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.
B. Landscaping along Stevens Creek Boulevard and N. Tantau Avenue in accordance with
the streetscape design requirements of the Heart of the City Specific Plan.
C. Planting of two specimen oak trees flanking entrance to the development on the corner
of Stevens Creek Boulevard and Finch Avenue as replacements for the removal of the
existing dead specimen oak tree.
3. TREE REMOVAL
A. The applicant is approved to remove a total of up to 84 trees and relocate 13 trees on site
per Option A in accordance with the City Arborist's report prepared by David Babby
and dated Apri130,2008. Although the applicant is requesting approval to remove these
trees in accordance with the City Arborist's recommendation, the intent is to retain as
many of the existing perimeter street trees for the remaining life of such trees where they
are not considered dead or do not require immediate removal.
B. The Aleppo Pine tree (Tree No. 113) shall be preserved on site.
C. For any trees that are removed due to hazardous conditions, are considered dead, or die
as a result of relocation, the applicant shall be required to replace these trees in
accordance with the City's Protected Trees Ordinance.
D. For any trees that require removal due to construction plan drawing changes and/or
construction activity,the applicant shall obtain a tree removal permit in accordance with
the Protected Trees Ordinance.
4. TREE REPLACEMENTS
Final approval of the required tree replacements shall be reviewed and approved by the
Design Review Committee in accordance with the City's Protected Trees Ordinance. The
applicant may be able to reduce the number of replacement trees on site, if larger size trees
are proposed, in accordance with the tree replacement standards of the ordinance. For any
additional trees that are removed due to hazardous conditions or are considered dead, the
applicant shall be required to replace these trees in accordance with the Protected Trees
Ordinance. Species and size of replacement trees shall be reviewed and approved by the
Community Development Director.
5. TREE PROTECTION
As part of the building permit drawings, a tree protection plan shall be prepared by a
certified arborist for the trees to be retained. The applicant shall be required to install tree
protection measures before and during development in accordance with the City Arborist's
report dated April 30, 2008, and in accordance with requirements of the Public Works
Department for the preservation of existing street trees. In addition, the following measures
shall be added to the protection plan:
A. For trees to be retained, chain link fencing and other root protection shall be installed
around the dripline of the tree prior to any project site work.
Resolution No. 6540 TR-2008-08 January 6, 2009
Page 3
B. No parking or vehicle parking shall be allowed under root zones, unless using buffers
approved by the project arborist.
C. No trenching within the critical root zone area is allowed. If trenching is needed in the
vicinity of trees to be retained, the City Arborist shall be consulted before any trenching
or root cutting beneath the dripline of the tree.
D. Tree protection conditions shall be posted on the tree protection barriers.
E. Retained trees shall be watered to maintain them in good health.
6. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in an amount determined by the City
Arborist to ensure protection of trees slated for preservation prior to issuance of grading,
demolition or building permits. The bond shall be returned after completion of construction,
subject to a letter from the City Arborist indicating that the trees are in good condition.
7. TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee in accordance with the City's Protected Trees
Ordinance for any trees that cannot be replaced on site.
PASSED AND ADOPTED this 6th day of January 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Giefer,Brophy,Rose,Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS:none
ABSE MMISSIONERS:none
ATT . R V �_ �, .
_ ;- -c�' L --%�,
Ste Piasec i,Director Marty ' r,Chair
Community Development Cupertino Planning Commission
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