Reso 6699 TR-2012-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6699
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING THE REMOVAL AND REPLACEMENT OF PROTECTED TREES IN CONJUNCTION
WITH THE DEVELOPMENT OF 12 NEW APARTMENT UNITS AT AN EXISTING APARTMENT
COMPLEX LOCATED AT 10159 S BLANEY AVE (APN: 369-03-008)
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2012-13
Applicant: Mike Ducote
Property Owner: Prometheus Real Estate Group
Location: ' 10159 S Blaney Ave (APN: 369-03-008)
SECTION II: FINDINGS FOR TREE REMOVAL
WHEREAS, the Planning Cominission of the City of Cupertino received an application for tree removal,
as described in Section I of this Resolution; 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 at least one public hearing on this
matter; and
WHEREAS, the Planning Commission finds the following with regard to this application:
1. That the location of the trees restricts the economic enjoyment of the property by severely limiting
the use of property in a manner not typically experienced by owners of similarly zoned and siivated
property, and the applicant has demonstrated to the satisfaction of the approval authority that there
are no reasonable alternatives to preserve the tree(s).
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on page 2
thereof,:
The application for a Tree Removal Permit, Application no. TR-2012-13, 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 no. TR-2012-13 as set forth in the Minutes
of Planning Commission Meeting of May 8, 2012, and are incorporated by reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated March 30, 2012, consisting of 29 sheets labeled A0, C1, C2,
C3, C4, A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, Al2, A13, A14, A15, A16, A17, A18, A19, A20,
A21, L1, L2, and L3, entitled, "20030 Stevens Creek Boulevard & Biltmore Apartments, Planning
Submittal, 3.30.12" prepared by Christiani Johnson; BKF Engineers, Surveyors, & Planners; and the
Guzzardo Partnership, Inc., and on the arborist report dated February 24, 2012, entitled, "An
Arborist Review of the Proposed Project at 20030 Stevens Creek Boulevard (Biltmore Adjacency),
Resolution No. 6699 TR-2011-13 May 8,2012
Cupertino, California° prepared by David Babby, except as may be amended by conditions in this
resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2011-05, ASA-2011-19, DP-2011-06, ASA-2011-
20, and TR-2012-18 shall be applicable to this approval.
3. REQUIRED TREE REPLACEMENTS
The applicant shall be required to plant tree replacements in and around the property in accordance
with the City's Protected Trees Ordinance. The required replacement trees shall be planted prior to
final occupancy of the project associated with file no. DP-2011-05, ASA-2011-19, DP-2011-06, ASA-
2011-20, and TR-2012-18.
4. TREE PROTECTION
Prior to building permit issuance, the tree protection measures contained in the City's Consulting
Arborist's Report, An Arborist Review of the Proposed Project at 20030 Stevens Creek Boulevard
(Biltmore Adjacency), Cupertino, California, dated February 24, 2012, shall be implemented as
deemed appropriate by the Director of Community Development for the trees to be retained. The
City's consulting arborist shall verify that the tree protection measures are in place prior to
construction/demolition. The tree protection measures shall be placed in the construction plan set
and posted on tree protection fences. A report ascertaining the good health of the trees mentioned
above shall be provided prior to issuance of final occupancy.
5. ADDITIONAL TREE REMOVALS AND REPLACEMENTS
In the event additional tree removals are required in conjunction with this specific project, whether
off-site or on-site, no further tree replacements will be required as the proposed amount of tree
replacements exceeds the City's minimum requirements stipulated in the Protected Tree Ordinance.
However, the Director of Community Development shall have the discretion to require additional
tree replacements as deemed necessary. The final tree replacement plan shall be reviewed and
approved prior to final building approval.
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 constiiute 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. 6699 TR-2011-13 May 8,2012
PASSED AND ADOPTED this Sth day of May 2012, at a Regular Meeting of the Planning Commission of
the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller, Brophy, Brownley, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
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Aa Shrivastava, Director Marty ' r, hair
Community Development Planning o 'ssion
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