Reso 6757 TR-2014-40
� CITY OF CUPERTINO''
10300 Torre Avenue
- Cupertino, Caiifornia 95014
: RESOLUTION NO. 6757
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT
OF 19`TREES TO FACILITATE THE OFF-SITE IMI'ROVEMENTS ASSOCIATED"WITH THE
CQNSTRUCTION OF A NEW,HOTEL LOCATED,AT 10150:NORTH WOLFE;ROAD
SECTION L PROJECT DESCRIPTION
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Application No::` TR-2014-40 ; .
;.Al'1'licant: . Edward Chan , , ,
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Property Owrier: JC Penney Properties ` `' '
Location: � `' 10150`North'Wo1fe Road(APN`316-20=094) `
SECTION II: FINDINGS FOR TREE REMOVAL PERMIT:
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WHEREAS; 'the Plaiuvilg Co�unission 'of tlie City of'_Cupertino reeeived an application for a' Tree
� Removal Permit as described in Section I. of this Resolu�ion; and
WHEREAS, the Environmental Review Coininittee has recommended adoption of a Mitigated Negative
Declaration; and `
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WHEREAS,tlie riecessary public notices have beeri giyen as required by'the Procedural Ordinance"of the
City of Cupertino, and the Plaru-ting Coii�uziission has held'at l.east one public hearing in regard to the
application; arid��
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, WHEIZEAS,the applicant has met the burden of proof required.to support said application; and
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WHEREAS;the Planning Coirunission finds-as follows witll regard to this applicafion:
a) Tliat the tr:ees are irreversibly diseased, are in danger of,falling, can cause potent�.al: dainage to '
exista�.�.g or proposed,essential structures, or,inter.feres with private on-site utility services and c"axinot
be'controlled or remedied through reasonable relocation or modification of the siructure or utility
services; . , _
The majority (52 of 84) of the Coast Redwoods along the:Wolfe Rogd and I=280 perirtieter of the site are found
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by;the,City's Consulting Arborist to-be in extremely poor to°'ir.recoverable health condition due to lack of water
or qvercrowding.,Nine Coast Redwood ta�ees along tlie I 280;perimeter were identified b.y the arborist-as:having
a high suitability for preservation since they appear reasonably healthy and have n`o signifieant issues or
defects. Three of these t��ees are proposed for removal due to the proposed trail pathway connection, while the
� . other six`will be p�Reserved: All of the 28 perimeter trees along Wolfe Road are proposed'for a�emoval'since ,
twenty-two of these:are in pooi^health and since it will facilitate the construction of the pathway.
Resolution No.6757 TR-2014-40 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:
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-2014-06) is hereby recommended for adoption; and
the application for a Tree Removal Permit, Application no. TR-2014-40 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-2014-40 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 ADNIINISTERED 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
Califomia, 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-2014-28 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 �rior 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 buildin�,permits. The Director of
Community Development shall have the discretion to require additional tree replacements as
Resolution No.6757 TR-2014-40 August 26,2014
n deemed necessary. The City Arborist shall confirm that the replacement trees were planted properly
`�„�J and according to plan prior to final occu�anc�.
4. TREE REPLACEMENT BOND
The applicant shall provide a tree replacement bond in an amount determined by the City Arborist
�rior to removals and issuance of demolition and gradin�permits. The bond shall be retuxned after
the required tree replacemenfs have been planted and verified by the City Arborist.
5. CONSULTATION WITH OTHER DEPARTMENTS
T'he applicant is responsible to consult with other departrnents and/or agencies with regard to the ,
proposed project for additional condi�ions and requirements. Any inisrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
6. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indeinrufy 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 indeiYu�ified parties and the applicant to
attack, set aside, or void fhis ordinance or any permit or approval authorized hereby for the project, �,i
uzcluding (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. �I
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7. NOTICE OF FEES,DEDICATIONS,RESERVATIONS OR OTHER EXACTIONS j
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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 withul_this 90-day period complying with all of the requirements of Section 66020, you will
be Iegally barred from Iater challenging such exactions.
PASSED AND ADOPTED thi.s 26th day of August, 2014, Regular Meeting of the Platlnulg Coininission
of>the Cify of Cupertino,State of Cali.fonlia,by the following roll ca11 vote:
AYES: CQMMISSIONERS: Gong,Sun,Takahashi
NOES: COMMISSIONERS: Chair Brophy,Vice Chair Lee
ABSTAIN: COMIVIISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPR
OVED:
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,�ary�.-��` Paul Brophy, Chair
�Assist.Direetor of Comrnuni Develo inent Plaxuiin
ty p g Coinin�ssion