Reso 6405 TR-2006-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6405
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF THE TREE REMOVAL AND REPLANTING FOR
A PROPOSED 60,000 SQUARE FOOT OFFICE BUILDING AND PARKING
STRUCTURE.
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2006-09
Applicant: Cliff Chang
Location: 10495 N. De Anza Blvd.
SECTION II: FINDINGS
VV�-iEREAS, the Planning Commission of the City of Cupertino received an application
to remove and replace 21 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 recommended for
approval; 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-2006-09, as set forth in the Minutes of the Planning Commission
Meeting of July 11, 2006 are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. TREE REMOVAL
Approval is granted to remove 21 onsite trees as detailed in a plan set titled: "
Any Mountain Office Building " consisting of 13 sheets labeled: C, A1, A2, A2.1,
A2.2, A3, A4, C1 through C-5 and CL1 and an arborist report titled: "Tree
Assessment and Recommendations for the Redevelopment Project Proposed at
Resolution No. 6405 TR-2006-09 July 11, 2006
Page 2
10495 North De Anza, Cupertino, California, " prepared by Walter Levison and
dated 5/12/06, except as may be amended by the Conditions contained in this
Resolution. Approval is not granted to remove street trees in the public right-of-
way.
2. LANDSCAPE PLAN
The applicant shall submit a detailed landscape and irrigation plans to be
reviewed and approved by the Director of Community Development prior to
issuance of building permits. The landscape plan shall include:
a) 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) Four 48" box Arbutus Marina trees in lieu of the 24" box trees proposed.
c) Landscaping where feasible to soften the appearance of the westerly side of
the parking structure.
3. 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.
4. TREE PROTECTION
Prior to the issuance of grading and demolition permits, the applicant shall enter
into a contract with an ISA-certified arborist to review and comment on all
construction drawings and monitor grading, demolition and building
� construction to ensure that the recommendations described in an arborist report
titled: "Tree Assessment and Recommendations for the Redevelopment Project
Proposed at 10495 North De Anza, Cupertino, California, " prepared by Walter
Levison and dated 5/12/06. Applicant shall provide a copy of the contract to
the Director of Community Development. No parking or storage of materials
shall be allowed under the protected trees.
The tree protection measures shall be inspected and approved by the certified
, arborist with a confirmation letter sent to the Director of Community
Development prior to issuance of grading and demolition permits. The
supervising arborist shall monitor construction activities and prepare a final
Resolution No. 6405 TR-2006-09 July 11, 2006
Page 3
I
report ascertaining the health of the protected trees prior to issuance of final
� occupancy.
I 5. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $100,000 to
ensure protection of the 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.
►
PASSED AND ADOPTED this 11th day of July 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:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
, ,
�� ` .
Ciddy Wordell, City Planner for Marty i r, Chairperson
Steve Piasecki Cupertino lanning Commission
Director of Community Development
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G:�Planning�PDREPORT\RES�2006�TR-2006-09 res.doc