Reso 6379 i
� TR-2006-06
i CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6379
� OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A REQUEST TO REMOVE NINE (9) TREES FOR
I THE CONSTRUCTION OF TWO RESTAURANT BUILDINGS AND
� RECONFIGURATION OF AN EXISTING PARKING LOT AREA AT VALLCO
FASHION PARK SHOPPING CENTER
� SECTION I: PROTECT DESCRIPTION
� Application No.: TR-2006-06 (EA-2006-04}
� Applicant: Mike Rohde,Vallco Fashion Park
Location: 10123 N Wolfe Road
( SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove nine (9) trees as part of the construction of two restaurant buildings and
reconfiguration of an existing parking lot area, as described in this Resolution; 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
WHEREAS, the applicant will be providing new landscaping within the reconfigured
parking lot area and around the two new restaurant buildings for the replacement of
trees proposed to be removed and for the mitigation of the visual impacts of the
( proposed project.
( 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 recommended for
I approval; and
I 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-2006-06, as set forth in the Minutes of the Planning Commission
Meeting of March 14, 2006 are incorporated by reference herein.
Resolution 6379 TR-2006-06 March 14, 2006
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
Approval is based upon the Exhibits submitted by Perkowitz and Ruth Architects
dated March 1, 2006, consisting of the sheets labeled Tree Removal Plan and
Landscape Plan.
2. TREE EVALUATION
The health and effectiveness of the ash trees along the Stevens Creek Blvd. and N.
Wolfe Road streetscapes shall be evaluated as part of the Planning Commissiori s
architectural and site approval review of the conceptual landscaping plan.
3. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall
be prepared by a certified arborist for the trees to be retained. In addition, the
following measures shall be added to the protection plan:
➢ 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.
➢ No parking or vehicle traffic shall be allowed under root zones, unless
using buffers approved by the Project Arborist.
➢ No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist
shall be consulted before any trenching or root cutting beneath the
dripline of the tree.
➢ Wood chip mulch shall be evenly spread inside the tree projection fence to
a four-inch depth.
➢ Tree protection conditions shall be posted on the tree protection barriers.
➢ Retained trees shall be watered to maintain them in good health.
➢ A covenant on the property shall be recorded that identifies all the
protected trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arborist shall
inspect the trees to be retained and shall provide reviews before building permit
stage, during construction and before final occupancy of the garage. A report
ascertaining the good health of the trees mentioned above shall be provided prior to
issuance of final occupancy.
4. TREE PROTECTION BOND:
All Evergreen Ash trees or any other significant trees as determined by the Director
of Community Development that are not required to be removed to construct the
project or were identified with health or structure problems, shall be covered by a
Resolution 6379 TR-2006-06 March 14, 2006
Page 3
tree protection bond. A tree protection bond in the amount of $50,000 shall be
provided prior to issuance of demolition or building permits:
5. 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.
PASSED AND ADOPTED this 14th day of March 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer,Saadati, Wong
Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED: •
� _
-_
S eve Piasecki Marty le , Chairperson
Director of Community Development Cupertino P anning Commission
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