Reso 6499 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.�499
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TREE REMOVAL
PERMIT FOR THE REMOVAL OF 37 TREES TO CONSTRUCT A 100,000 SQUARE
FOOT, TWO-STORY OFFICE BUILDING
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2007-06
Applicant: Larry Wallerstein, Tantau Investments, LLC
Location: 10900 N. Tantau
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for the removal of 37 trees in conjunction with the development of a 100,000 square foot,
two-story office building; and
WHEREAS, the 37 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-2007-06, as set forth in the Minutes of the Planning Commission
Meeting of December 11, 2007 are incorporated by reference herein.
Resolution No. 6499 TR-2007-06 December 11, 2007
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
The applicant is approved to remove a total of 37 trees on site in accordance with the
applicant's tree survey/removal plan identified as page TS-1 dated November 14,
2007 in the approved exhibits for U-2007-09 and ASA-2007-14, except as may be
amended by the conditions of this Resolution.
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. The applicant shall be required to
install tree protection measures before and during development in accordance with
the City Arborist's report dated September 12, 2007. In addition, the following
measures shall be added to the protection plan:
a. For trees to be retained, chain �ink 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. TREE REPLACEMENTS
The applicant is required to plant a minimum of 68 24-inch box replacement trees on
site in conjunction with the removal of 37 trees on site, in accordance with the City's
Protected Trees Ordinance. All replacement trees shall be native species of trees. The
applicant may be able to reduce the number of replacement trees on site, if larger
size trees are proposed, in accordance with the tree replacement standards of the
ordinance. 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.
Resolution No. 6499 TR-2007-06 December 11, 2007
Page 3
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.
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 11th day of December 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer,Kaneda, Rose
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Miller
ATTES : �PP O E ;.^' , -
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Steve Piasecki Lis Gi fer, Chair .
Director of Community Development Cupertin ing Comm ' n