Reso 6742 TR-2014-18
�n�`' CITY OF CUPERTINO
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� 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION IVO. 6742
OF THE PLANIVING COMMISSIOI�T OF THE CITY,OF>CUPERTIIVOAPPRO�Tl1VG
A TREE RElV10VAL PERMIT_TO ALLOW THE RElVIOVAL AND REPLACEMENT OF 48 TIZEES TO
FACILITATE THE COlVSTRUCTIOlV OF AN EXPANSION AIVD ASSOCIATEI�SITE <
IMPROVElVIENTS LOCATED AT 10159 S BLAIVEY AVENUE(369-03-008)
SECTION I: PIZOjECT DESCRII'TION
Application No.: TR-2014-18
Applicant: Mike Ducote
Property Owner: Biltxnore Apartments `
Location: 10159 S Blaney Avenue (APN:.369-03=008)
SECTION IL• FII�TDINGS FOR TREE REMOVAL PERNIIT:
WHERBAS; ,the Pla��u-iiilg Commission of the City of Cupertino reeeived an application for a Tree
t`'� 1 Removal Permit as described in Section I. of this Resolution; and
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WHEREAS, the necessary public notices have beeri given as required by the Procedural Ordiriance of
the City of Cupertino; and the Plannulg Coinmission has held at least one public hearing in regard to
the application; and
W�IEREAS,the applicanf has met the burden of proof required to support said application; and
WFiEREAS,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 moclification of the sfiructure or
utility services; : :
The City's consulting arborist has determined that the trees proposed for removal are all-in conflict:with the
proposed new building and site improvements. _
b) That the location of the trees restricts the economic enjoyment of the property by severely luniting
the`use of property in a manner not fypically experienced by owners of sunilarly zoned and sifuated
- property,'and the applicant has demonstrated to the satisfaction of the approval authority that there
are>no reasonable alternatives to preserve the tree(s). .
The Cit 's consultin arborist hds determined that the trees ro osed or removal are all in con ict with the
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�~ � ro osed new buildin and site im rovements.
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Resolution No.6742 TR-2014-18 May 27,2014
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-2014-18 is hereby recommended for
approval and that the sub conclusions upon which the findings and conditions specified in this resolution
are based and contained in the Public Hearing record concerning Application no. TR-2014-18 as set forth
in the Minutes of Planning Commission Meeting of May 27, 2014, 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 May 16, 2014, consisting of 19 sheets labeled G0.0, SP1.0,
SP1.1, SP1.3, A2.1, A2.2, A3.1, A4.0, A4.1, A5.1, A5.2, C-1.0, L-0.1, L-0.2, L-1.1, L-1.2, L-2.1, and L-2.2,
entitled, "Biltmore Clubhouse, 10159 S Blaney Avenue, Cupertino, CA" prepared by Studio T;
Architecture,Planning&Urban Design,except as may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data �
may invalidate this approval and may require additional review.
3. ANNOTATION OF THE CONDITTONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2014-01 and DP-2014-01 shall be applicable to
this approval.
5. TREE PROTECTION
The existing trees to remain shall be protected during construction per the City's Protected Tree
Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall
be listed on the plans, and protective fencing shall be installed around the trees to remain prior to
issuance of building permits. A report ascertaining the good health of these trees shall be provided
prior to issuance of final occupancy.
6. REPLACEMENT PLANTING PLAN
The final replacement planting plan shall be reviewed and approved by the Planning Division prior
to issuance of building permits. The variety, size, planting distance shall be consistent with the
City's requirements.
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Resolution No.6742 TR-2014-18 May 27,2014
�"'� 7. AIZBORIST REVIEW OF EXISTING AND�1VEW SITE TREES
� 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 occupancy of site permits.
T'he final planting plan shall be reviewed and approved 'by the Director of Community
Development prior to issuance of building permits. The Director of Community Development shall
have the discretion to require additional tree replacements as deemed necessary. An ISA Certified
Arborist shall confirm that the replacement trees were planted properly and according to plan prior
to final occupancy:
8. CONSULTATION WITH OTHER DEPARTIVIENTS '
The applicanf is responsible to.._cons��;t with other departments and/or ageneies�.with regarcl�-to the
proposed project for additional condi:tions and requirements. Any misrepresentation of' any
submitted data may invalidate an approyal by the Community Development Depart�nent.
9. INDEMNIFICATIOlV
To the extenf permitted by law, the Applicant shall indeiYulify and hold harmless the City, its City
Council, its officers, employees and agents (the "indernnified 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.
10. 1VOTICE OF FEES DEDICATIOIVS RESERVATIONS OR OTHER EXACTIONS
The 'Conditions of 1'roject Approval set forth herein may include cerfain fees, dedication
requirements,reservation requirements, and other exactions. Pursuant to Government Code Section'
66020(d)' (1), these Condifions constitute written notice of a stafement 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;
resexvalaons,`and other exactions;pursuant to Government Code Section 66020(a),has beguri. 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.
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Resolution No.6742 TR-2014-18 May 27,2014
PASSED AND ADOPTED this 27th day of May, 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,Vice Chair Lee, Sun, Gong,Takahashi
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
Aarti Shrivastava Paul Brophy, Chair
Assistant City Manager Planning Commissio
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