Reso 6737 : , TR-2014-08
� ` ' 'CITY 0F CITPERTINO ` ` '
10300 Torre Avenue '
Cupertino, California 95014
RESOLUTION NO. 6737
OF THE PLANNING COMMISSIQN OF THE,CITY OF CUPERTINO RECOMN.[ENDING APPROVAL
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OF A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF FIVE :
MONTEREY PINE TREES LOCATED AT 10121 N.FOOTHILL BLVD
SECTION I: :PROTECT DESCRIPTION
Application No.: TR-2014-08
Applicant: ' Tate`Developinent
Property Owner: Foothill Auto Service &Detail,Inc.
Location: 10121 N.Foothill Boulevard(APN 342-32-OZO) ; ;
SECTION II:` FINDINGS FOR TREE REMOVAL PERIVIIT:
VVI IEREAS, the`P1aru1ulg Commission of fhe City of Cupertino received an application,for a Tree
', Removal Permit as described in Section I. of this Resolution;and
� WHEREAS the EnVironmental Review Coin�xiittee has recommended ado tion of a Miti ated Ne ative :
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Declarat�on;'and ` _
WHEREAS,�tlie riecessary public`notices have:been_giveri as required by`the Procedural Ordinance of
the City of Cupertino; and tlze Plaivlulg Coininissioxi has`'held'at least one''public hearing iri regard to
the application; and .
VITHEREAS,the applicant has met the burden of proof required to support said applicafion; arid - =
WHEREAS,the Plaruzuzg Co�unission finds as follows with regard to this:application:
a) That the trees are irreversibly diseased, are in `danger of falling, can cause potential,damage ta
existing:;or. proposed -essential structures, or .interferes with pri�ate on-site utility services;,,and
cannot be controlled or remedied through reasoilable relocation or modification of the,structure or
utility services;
The City's con'ulting'arborist has deterniined that the trees pyroposed for removal aYe all in.conflict with the
p�•oposed nezv buildings and site_improvements; and,given their condition, are"not suitable for preservation or
relocation: ` _
b) That the location of the trees restricts the economic enjoyrnent of the property by severely limiting
the use of property in a manner not typically experiericed by owners of simil.arly zoned and situated
� property, and the applicant has demonstrated to the satisfaction of the approval aufhority that there
are no reasonable alternatives to preserve the tree(s).
Resolution No.6737 TR-2014-08 Apri122,2014
The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the �
proposed new buildings and site improvements, and, given their condition, are not suitable for preservation or
relocation.
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-2014-01) is hereby recommended for adoption;
and the application for a Tree Removal Permit, Application no. TR-2014-OS is hereby recommended for
approval 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. DP-2014-02 as set forth
in the Minutes of Planning Commission Meeting of Apri122, 2014, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received April 16, 2014 consisting of 39 sheets
labeled AO-A19, AL1.1-AL1-4, C1-05, TM, L0, L0.1, L0.2, L1, L2, L2.1, and L2.2, entitled, "Foothill �
Blvd PUD, 10121 N Foothill Blvd., Cupertino, CA 95014," drawn by Modative, SMP Engineers, and
Miriam Rainville; and the City's consulting arborist report entitled, "An Evaluation of the Existing
Trees — 10121 N. Foothill Boulevard, Cupertino, California," prepared by Michael Bench, Registered
Consulting Arborist # WE-1897 dated March 22, 2013 except as may be amended by conditions in
this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2014-01, TM-2014-01, ASA-2014-02, and DP-2014-
02 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. The trees shall be planted prior to final occu�ancy of site�ermits.
The final planting plan shall be reviewed and approved by the Director of Community
Development with consultation by the City Arborist nrior to issuance of building �ermits. 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 occu�anc�.
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Resolution No.,b737 TR-2014-08 Apri122,2014
Cf--•� 4: TREE REPLACEMENT BOND
� �.. The applicant sha]] provide a tree replacement bond in an amount defermined by the City Arborist
�'I : �rior to:removals and issuance'of demolition.and gradin��ermits. The bond shall be returned after
the required��free replacements have been planted and verified by the City Arborist. _
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5. SCHEDULING OF TREE REMOUALS TO.AVOID IMPACTS.:TO NESTING:BIRDS
The project shall implement the following measures to avoid impacts to nesti_ng birds:
a) `l�ll�['�I�-�..1:Removal of trees on the.project site shouid be scheduled between September and
December (inclusive) to avoid the nestulg season for birds and no additional surveys would be`
required.
b) 1�1�[ ��O-71.2: If removal of the>trees on-site is planned to take :place befiween 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 th.an 14 days prior,fo the'initiation of'construction activities or tree relocatiori
or removal. Between May and August (.inclusive), pre-construction surveys shall be conducted
no more `than tivrty (30) daysi prior to the initiation of these activities. The surveying
ornithologist shall inspect all'frees�'in a�d urunediately adjacent to the construction area for nests.
If an active raptor nest is fourid in or:close enough to'the construction area to be disturbed by
` these activifies,the ornithologisf shall,in consultation with the State,of California,Departrnent of
� Fish & Game (CDFG), desigriate a construction-free buffer zone (fypically 250 feet) around the
nest until the end of the nesting activity. Buffers for other birds shall be determined by the
ornithologist.
c) 'Ii�l� ���-9..3:i 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 fo the
Communify Development Director�rior to the start of r� adin�or tree removaL
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other depariments and/or agencies with regard to fihe
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
7. INDEMNIFICATION
j To fhe extent permitted by law, fihe Applicant shall indeinnify 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 indemllified parties and the applicant to
attack, set aside, or void fhis ordinance or any perrnit or approval authorized hereby for the:project,
including (without Iimitation) reimbursing the City its actual attorneys' fees a�.1d costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
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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
Resolution No.6737 TR-2014-08 Apri122,2014
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 r
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 22nd day of April, 2014, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Gong, Sun, Takahashi
NOES: COMMISSIONERS:Vice Chair Lee
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
ao Paul Br hy, ir
Assist. Director of Community Development Planning Co i sion
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