PC Reso 6520 TR-2008-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6520
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TREE REMOVAL REQUEST TO REMOVE
AND REPLACE APPROXIMATELY 47 TREES TO CONSTRUCT A HOTEL AND
MIXED USE BUILDING AT 21265 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2008-02
Applicant: Karen Ngo
Location: 21265 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for the removal and replacement of about 47 trees in conjunction with the development
of a hotel and mixed-use building; and
WHEREAS, the 47 trees are part of an approved landscape plan, subject to Chapter
14.18 of the Municipal Code, pertaining to Heritage and Specimen 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, the 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-2008-02, as set forth in the Minutes of the Planning Commission
Meeting of May 27, 2008 and June 10, 2008 are incorporated by reference herein.
Resolution No. 6520 TR-2008-02 June 10, 2008
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
The applicant is approved to remove a total of about 47 trees on site in accordance
with the applicant's tree survey/removal plan identified as pages L-1 through L-5
dated either 4/15/08 or 4/17/OS in the approved plan set titled: " The Oaks Mixed-
Use Project, Hyway 85 & Stevens Creek Blvd., Cupertino, CA", except as may be
amended by the conditions of this Resolution.
2. TREE PROTECTION
The City Arborist's recommendations for site design and tree protection during
project construction as articulated in his July 24, 2007 report titled: " A Tree
Inventory and Review of the Proposed Development at the Oaks Shopping Center
21265 Stevens Creek Boulevard, Cupertino, California" shall be incorporated in the
building permit plan set and implemented during the course of demolition and
construction of the project.
3. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $100,000 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.
4. TREE REPLACEMENTS
The applicant shall prepare a revised landscape plan at the building permit stage.
The westerly landscape strip next to the proposed mixed use building will be
� advanced to the phase 1 work. Native trees shall be substituted for the proposed
replacement trees where appropriate and feasible. That revised landscape plan shall
include the locations of two field-grown native oak trees that will replace two large
specimen oaks that were previously removed due to hazardous conditions and root
barriers shall be installed to avoid conflicts with future phase 2 development. The
revised plan shall be approved by the Director of Community Development.
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 Department.
5. TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee for any trees that cannot be replaced on site in
accordance with the City's Protected Trees Ordinance.
Resolution No. 6520 TR-2008-02 June 10, 2008
Page 3
6. 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 10th day of June 2008, 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, Rose,
Kaneda, Brophy
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none �
ATTEST: APPROVED: .
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Steve Piasecki Mar , Chair
Director of Community Development Cupertino Planning Commission
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