Reso 6466 TR-2007-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6466
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
TREE REMOVALS IN CONJUNCTION WITH A
PROPOSED 10,582 SQUARE FOOT'RETAIL BUILDING AND A ONE-
LEVEL PARKING GARAGE ON AN EXISTING OFFICE SITE
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2007-03
Applicant: Clifford Chang
Location: 10100 N. Tantau
SECTION II: FINDINGS
W�-iEREAS, the Planning Commission of the City of Cupertino received an application
for the removal of 54 trees in conjunction with the development of a retail commercial
building and parking garage; and
WHEREAS, the 54 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, application for a 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-2007-03, as set forth in the Minutes of the Planning Commission
Meeting of June 12, 2007 are incorporated by reference herein.
Resolution No. 6466 TR-2007-03 June 12, 2007
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
The applicant is approved to remove a total of 54 trees on site in accordance with the
arborist report submitted by Walter Levinson Consulting Arborist, dated January 21,
2007, that include 44 trees that will require removal due to the location of the new
structures on site and 10 trees that are in poor or failing health. Trees identified as
tree numbers 83, 84, A, B, 88, 89, 90, 91, and 92 shall be retained and protected on
site, and shall not be removed as recommended in the arborist report. For any trees
to be retained, the applicant shall follow protection measures for the retainment of
these trees.
2. 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. 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.
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.
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. 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.
Resolution No. 6466 TR-2007-03 June 12, 2007
Page 3
5. TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee of $9,240 prior to issuance of building permits
and upon effective adoption of the protected trees ordinance for the removal of 42
trees on site that cannot be replaced on site, unless additional replacement trees are
planted on site that would reduce the in-lieu fee. The in-lieu fee is based upon�the
purchase and installation cost of $220 per tree removal for each tree that cannot be
replaced on site.
PASSED AND ADOPTED this 12th day of June 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Chien, Miller
Wong, Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
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ATTES Ac�'P VED:
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Steve iasecki L�s Giefer air
Director of Community Development �uper ino Planning mission
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