Reso 6470 TR-2007-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6470
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
THE REMOVAL AND REPLACEMENT OF APPROXIMATELY 92 TREES ON A
PROPOSED MODIFICATION TO AN EXISTING APARTMENT DEVELOPMENT
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2007-02
Applicant: Michael Ducote
Location: 20800 Homestead Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for the removal of 92 trees in conjunction with the development of a 116 additional
apartment units; and
WHEREAS, the 92 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 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-2007-02, as set forth in the Minutes of the Planning Commission
Meeting of June 26, 2007 are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
The applicant is granted approval of a tree removal permit for trees that were
previously removed on site without approval of a tree removal permit, and for 92
trees that are recommended to be removed in conjunction with the development
Resolution No. 6470 TR-2007-02 June 12, 2007
Page 2
project, as determined by the applicant's certified arborist. Replacement trees shall
be required for all trees approved to be removed, unless the trees cannot be
accommodated on site.
2. TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee for any trees that are removed or were
previously removed without a tree removal permit and cannot be replanted on site.
The in-lieu fee shall be paid prior to issuance of building permits and upon effective
adoption of the protected trees ordinance. The in-lieu fee for each tree removal that
cannot be replaced on site shall be $220.
3. 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:
1. 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.
2. No parking or vehicle parking shall be allowed under root zones, unless using
buffers approved by the project arborist.
3. 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.
4. Tree protection conditions shall be posted on the tree protection barriers.
5. Retained trees shall be watered to maintain them in good health.
4. 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.
5. REPLACEMENT OF DAMAGED TREES
In the event that any trees required to be retained on the subject property are
damaged on site in conjunction with the development and construction of the
proposed project, the applicant shall replace such tree(s) in accordance with the
replacement standards of the City's Protected Trees Ordinance (Chapter 14.18 of the
Cupertino Municipal Code).
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
Resolution No. 6470 TR-2007-02 june 12, 2007
Page 3
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 26th 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
ATTEST: APPROVED:
/s/Steve Piasecki /s/Lisa Giefer
Steve Piasecki Lisa Giefer, Chair
Director of Community Development Cupertino Planning Commission
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