Reso 6716 TR-2012-41
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6716
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TREE REMOVAL
PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF 13 TREES IN CONJUNCTION WITH
A PROPOSED DEVELOPMENT PROJECT LOCATED AT 20803 STEVENS CREEK BLVD AND 10033-
10095 SAICH WAY
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2012-41
Applicant: Tom Purtell(Borelli Investment Co.)
Property Owner: Diana Taylor
Location: 20803 Stevens Creek Boulevard and 10033-10095 Saich Way (APNs 326-32-041 and
326-32-042, respectively)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree
Removal Permit as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative
Declaration; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a) That the trees are irreversibly diseased, are in danger of falling, can cause potential damage to
existing or proposed essential structures, or interferes with private on-site utility services and
cannot be controlled or remedied through reasonable relocation or modification of the structure or
utility services;
b) 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 situated
property, and the applicant has demonstrated to the satisfaction of the approval authority that there
are no reasonable alternatives to preserve the tree(s).
Resolution No.6716 TR-2012-41 January 8,2013
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, 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,:
A Mitigated Negative Declaration (Application no. EA-2012-09) is hereby adopted; and the application
for a Tree Removal Permit, Application no. TR-2012-41 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-2012-41 as set forth in the Minutes of Planning
Commission Meeting of January 8, 2013, 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 December 14, 2012 consisting of 27 sheets labeled T1, A0,
A1, A2, Building 1 Exterior Elevations, A3, Building 2 Exterior Elevations, A4, D1, D2, D3, D4, D5,
M1, L-1, L-2, G1, G2, G3, C-3.1, C-3.2, C-4, G5, C-6, C-7, C-8, and Photometric Plan, entitled,
"Saich Way, 20803 Stevens Creek Blvd., Cupertino, California, Borelli Investment Co." drawn by
FCGA Architecture, Borrecco/Kilian & Associates, Inc., and HMH; the consulting arborist peer
review report entitled, "A Review of the Existing Trees at the Saich Way Station Project, Stevens
Creek and Saich Way, Cupertino, California," prepared by Michael Bench, Registered Consulting
Arborist # WE-1897 dated November 2012; and the arborist report entitled, "Borelli Investment
Company, 20803 Stevens Creek Boulevard/10033-10095 Saich Way, Pre-Construction Tree Protection
Plan," prepared by Samuel Oakley, Certified Arborist # WE-9474A dated June 18, 2012; except as
may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2012-05 and ASA-2012-13 shall be applicable to
this approval.
3. TREE REPLACEMENTS AND FINAL PLANTING PLAN
The applicant shall plant replacement trees in accordance with the replacement requirements of the
Protected Tree Ordinance. Street trees along Stevens Creek Boulevard and Saich Way shall be
consistent with the Heart of the City Specific Plan. The trees shall be planted prior to final
occupancy of site permits.
The final planting plan shall be reviewed and approved by the Director of Community
Development with consultation by the City Arborist prior to issuance of building permits. The
Director of Community Development shall have the discretion to require additional tree
replacements as deemed necessary. The City Arborist shall confirm that the replacement trees were
planted properly and according to plan prior to final occupancy.
Resolution No.6716 TR-2012-41 January 8,2013
4. TREE REPLACEMENT BOND
The applicant shall provide a tree replacement bond in an amount determined by the City Arborist
prior to removals and issuance of demolition and grading permits. The bond shall be returned after
the required tree replacements have been planted and verified by the City Arborist.
5. SCHEDULING OF TREE REMOVALS TO AVOID IMPACTS TO NESTING BIRDS
The project shall implement the following measures to avoid impacts to nesting birds:
a) Removal of trees on the project site could be scheduled between September and December
(inclusive) to avoid the nesting season for birds and no additional surveys would be required.
b) If removal of the trees on-site is planned to take place between January and August(inclusive), a
pre-construction survey for nesting birds shall be conducted by a qualified ornithologist to
identify active nesting raptor or other bird nests that may be disturbed during project
implementation. Between January and April (inclusive) pre-construction surveys shall be
conducted no more than 14 days prior to the initiation of construction activities or tree relocation
or removal. Between May and August (inclusive), pre-construction surveys shall be conducted
no more than thirty (30) days prior to the initiation of these activities. The surveying
ornithologist shall inspect all trees in and immediately adjacent to the construction area for nests.
If an active raptor nest is found in or close enough to the construction area to be disturbed by
these activities, the ornithologist shall, in consultation with the State of California,Department of
Fish & Game (CDFG), designate a construction-free buffer zone (typically 250 feet) around the
nest until the end of the nesting activity. Buffers for other birds shall be determined by the
ornithologist.
c) A report summarizing the results of the pre-construction survey and any designated buffer
zones or protection measures for tree nesting birds shall be submitted to the Community
Development Director prior to the start of grading or tree removal.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
7. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
8. 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,
Resolution No.6716 TR-2012-41 January 8,2013
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 8th day of January, 2013, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller, Vice Chair Sun, Lee, Brownley
NOES: COMMISSIONERS: Brophy
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONEIZS: none
ATTEST: APPROVED:
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Aarti Shrivastava Marty C air
Community Development Director Planning Commission
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