Reso 6755 TR-2014 28
�} CITY OF CiJPERTINO
���-�1 10300 Torre Avenue-
' Cupertino,California 95014
RESOLUTION NO: 6755.
OF THE PLANNING COMMISSION OF THE CITY OF CI7PERTINO RECOMMENDING APPROVAL
OF A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF_96 TREES T0
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FACILITATE THE CONSTRUCTION OF A NEW HOTEL LOCATED AT 10380 PERIMETER RD
SECTION I: PROTECT DESCRIPTION ` `
Application No.: T'R-2014-28
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Applicant:"" Edward Chan
�'roperty Owner: ' Cuperiino Property Developmerit II,LLC '
Location: � 10380 Perimeter Road(APN�316=20`-092) ;
SECT-ION II:' FINDINGS FOR TREE RElVIOUAL'I'ERMIT:
WHEREAS, the Plaruling Coinuvssion of fihe City of Cupertino received an application for a Tree
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Removal Perxriit as.described in Section I:of thi:s Resoliz�ion; arid `
�� WHEREAS, the Environmental Review Committee has recommended ado fion of a 1VIiti ated Ne ative
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beclaration;'and
' WHEREAS,�the neeessary publie notices have'been given as`required by the Procedural Ordiilance of
the City of Ciipertino,'�and`fhe Planning'Coniinission has`lield at least one public hearing 'in regard to
the applicatiori;axid , :
WHEREAS,,the applicant has met the burden of proof required to support said application; and<
,.,.
WHEREAS,fihe Plaiv.zulg Coinuzission finds as follows with regard to this application: .
a) That the trees are irreversibly'diseased, are iin dariger of falling, can cause potential daxriage to
existing or proposed essential structures, or interferes,with private on-site utility services and
cannot be controlled or remedied through reasonable�relocatiori or modification of the structure or
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ut�Iity services;
The majority (52 of 84) of the Coast Redwoods along the Wolfe Road and I-280 perimeter of the site are found
by the City's Consulting Arborist to be in ext��emely;poor to.irrecoverable health condition due to lack of water
, :or overcrowding.'Nine Coast Redzvood trees along the.I-280 perimeter;zpere identified by the arborist as:having
a high suitability for preservation since: they;appear reasonably healthy and have rio significant issues or
defects. Three of these trees are proposed for removal'due to the proposed trail�athzvay connection, while the
other six will be preseYved. All of the 28 perimeter trees along Wolfe Road aa�e proposed for Yemoval since
� twenty-two'of these aa•e an poor health and sin'ce it will facilitate'the construction of the pathway. `�
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Resolution No.6755 TR-2014-28 August 26,2014
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).
The City's consulting arborist has determined that the trees proposed for removal are 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:
T'hat 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-2014-06) is hereby recommended for adoption;
and the application for a Tree Removal Permit, Application no. TR-2014-28 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. TR-2014-28 as set forth
in the Minutes of Planning Commission Meeting of August 26, 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 August 13, 2014 consisting of 47 sheets
labeled A-0.0 to A-0.3, C-1.0 to C-5.0, C-5.1, C-6.0, L-1 to L-5,A-1.0 to A-1.4, A2.0 to A-2.6, A-3.0 to A-
3.8, A-4.0 to A-4.2, A-5.0, A-6.0, A-6.1, E-0.1, and E-1.0 to E-1.2, entitled, "Hyatt House, Cupertino
California, Wolfe Road & Interstate 280," drawn by Gene Fong Associates, Sandis, Bruce Jett
Associates, and Emerald City Engineers, Inc.; and the City's consulting arborist report entitled,
"Arborist Report: Hyatt House Hotel at Vallco Park, Wolfe Road and Interstate 280, Cupertino,
California (APN 316-20-092)," prepared by David Babby, Registered Consulting Arborist#399 dated
July 24, 2014 except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2014-04, ASA-2014-06, U-2014-04, EXC-2014-07,
and TR-2014-40 shall be applicable to this approval.
3. TREE REPLACEMENTS AND FINAL PLANTING PLAN
MM-BIO 2: The applicant shall plant replacement trees in accordance with the replacement
requirements of the Protected Tree Ordinance. The trees shall be planted vrior 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 }�rior to issuance of building ne�. The
Director of Community Development shall have the discretion to require additional tree
Resolution No:6755 TR-2014-28 August 26�2014 �
replacements as deemed neeessary..The City Arborist shall corifirrn that the replacement trees were
� planted properly and according to plan�rior to final occupanc�..
-� 4. .IN-LIEU T'REE REPLACEMENT FEES ; _,
The Director,of Community Development has determined-that-accomrnodating the 56 remaining
required 24-inch box or 28 required 36-inch box trees on the property would not be feasible and
therefore.a free replacement in-lieu fee would be required. Prior to issuance of building_�ermits, the
applicant shall pay tlle in-lieu fees in the amount to procure;and install the replacement trees.
5. TREE REPLACEMENT BOND ^
: The applicant shall provide a tree replacemeizt bond in an.amount determined by the City Arborist
'' �rior to removals and issuance of deiiiolition and r� ading�ermits. The bond shall be returned'after
the required tree replacements have been planted and verified by the City Arborisf. ' -
6. STREET TREE REMOVAL (TREE 96�
Tree#96 is identified as a sfireet tree on Wolfe Road. l�/Il��I��3:In order to remove any public street
trees within the Project site, the Project Applicant shall comply with Nlunicipal Code Chapter 14.12,
Trees. The Project Applicant shall pay the required fee, prior to flze issuance of a building permit,
per the New Street Tree Cost Schedule, for the purchase, planting, and maintenance of trees by the
City. All public trees shall be protecfed against damage during construction operations. There shall
be no storage of materials, tool washout, or vehicle parking near or upan public trees. This is in
accordance with Municipal Code Seetion 14.12.120, Condition for DDevelopment or Building Permit.
� AlI' planting costs associated witli'_a building permif shall be collected by the Chief Building
Inspector, or his/her designee, for. deposit info the City's general fund prior to the issuance .of a
building perxnit. The fees for�public tree removal and/or damage to branclies and roots shall'be as
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specified in the Public Tree Damage or Removal Fee Scheduie adopted by Council'Resolution.
Damage and removal fees shall be deposited into the City's tree f�u1d. Thi.s is in accordance wi�11
Municipal Code Section 14.12.130, New Street Tree Costs and Public Tree Damage or Removal Fee
Schedu:Ies.
7. �CONSL7LTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other depariments 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.
S. INDEMNIFICATION
To the extent permitted by Iaw, the Applicant shall indeiZv.lify and hold harmless the City, its City
Council, its officers, employees and agents (the "indenlnified parties") from and against any claim,
action, or proceeding brought by a third pariy against the indelnnified parties and the applicailt to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limifation) reimbursing tlle 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 witli
attorneys of its choice.
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Resolution No.6755 TR-2014-28 August 26,2014
9. 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 26th day of August, 2014, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Gong, Sun, Takahashi
NOES: COMMISSIONERS:Chair Brophy,Vice Chair Lee
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
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r . Paul Brophy, a'
Assist.Director of Community Development Planning Co iss
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