Reso 6775 TR-2014-60
� CITY OF CUPERTIlVO '
10300 Torre Avenue
Cupertino, California 95014
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RESOLiJTTOIV N0.�6775 ' �I
OF:THE PLAIVNING COMMISSION OF,THE CITY OF CLTPERTINO APPROVING,A
_
` TREE REIVlOVAL PERMIT TQ ALLOW T�IE°REMOVAL AND REPLACElVlEIV`T OF SIX
PROTECTED TREES TO FACILiTATE THE CQNSTRUCTIOIV OF A 15-LTNIT APARTIVIENT
COMPLEX INCLUDING PARKING LOT,LANDSCAPING AND OTHER SITE:IMPROVEMENTS , �
AT A VACANT-PARCEL LOCATED AT 10310 NORTH FOOTHILL BOULEVARD; (APN: 326-15-096) ,
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2014-60
Applicant: Robert Adzich
Property Owner: D&B Legacy,LLC
Location: 1Q3101Vorth Foothill Boulevar.d; (APN: 326-15-096)
SECTION II: FINDINGS FOR TREE RElVIOVAL PERMIT:
� 4VHEREAS, the Pla�lnu.lg Coinmission of the City of Cupertino received an application for a Tree
Removal Permit as described in Section I. of this Resolution;and
WHEREAS,`the necessary public notices have been given as required by the Procedural Ordinance of
the City:of Cupertino, and the Plaruvng Commission has held at least one public hearirig iri regard..to
the application; and
WHEREAS, the applicant has mef the burden of proof required to support said application; and
WHEREAS,the Planiling Commission finds as follows with regard to this application: > ,
a) That the location"of the trees restricts the economic enjoyment of the'property by severely lirniting
the`use of property in a manner not typically experieneed by owners of sirnilarly zoned and situated
' property; and`fihe applicant has demonstrated to the satisfaction of the approval author�ity thaf there
are no reasonable alternatives to preserve the tree(s): -
' 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. '
NOW, THEREFORE,BE IT RESOLVED:
That after careful consideration of the xnaps; facts, exhibits, testimony and other evidence submitted in
this matter,`subjecfi to the conditions which are enurnerated in this Resolution beginning on PAGE 2
� thereof,:
The application for a Tree Removal Permit, Application no. TR-2014-60 is hereby recommended for
approval and that the sub conclusions upon which the findings and conditions specified in this resolution
Resolution No.6775 TR-2014-60 February,10,2015
are based and contained in the Public Hearing record concerning Application no. T'R-2014-60 as set forth
in the Minutes of Planning Commission Meeting of February 10, 2015, 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 9, 2014, consisting of 30 sheets labeled G0.0,
SP1.0, A0.0 to A6.1, C-1 to C-6 and L-0.1 to L-2.3, entitled, "N. Foothill Blvd, 10310 N. Foothill Blvd.,
Cupertino, CA" prepared by Studio T; Architecture, Planning & Urban Design, except as may be
amended by conditions in this resolution.
2. ACCURACY OF PROLECT 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 CONDITIONS OF APPROVAL
T'he 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. DP-2014-08, ASA-2014-13 and TR-2014-60 shall be a
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. 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.
7. 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.
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Resolution No.6775 TR-2014=60 February,10,2015
� 8. INDElVINIFICATTON F
To #he extent permifted by law, the applicant shall indeiYulify 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 indexru-►ified parties and the applicant to ,
attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project,
includirig (without'limitation) reimbursing the Cify its actual attorneys' fees and costs incurred in
defense of the litigation. The applicant and City.shall use best efforts to selecf mutually agreeable ,
legal counsel to defend such action, and the applicant shall pay all compensation for sueh legal �
counsel, following the applicant's receipt of invoices from City, together with reasonable supporting
documentation. Such compensation shall include reasonable compensation paid to counsel not
otl-ierwise employed as City staff and shall include City Attorney time and overhead costs and'other
City staff overhead costs and_any costs directly related to the litigation reasonably incurred by City:
If the applicant and the City cannot in good faith agree'on joint counsel, the City.shall have the right
to retain'counsel of its own choosing;separate from the'applicant's litigation counsel.
9. NOTICE OF FEES DEDICA'ITONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requiremenfs;reservation requirements, and other exactions. Pursuant to Gove rnment Code Section
66020(d)'(1), these Conditions constitute writteri<notice of a statement of the amount of such fees,
arid 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, dedicatioris,_
� reservations, and other exactions, pursuant to Goverrunent 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 10th day of February 2015,Regular 1Vleeting of the Planning Commission
of the City of Gupertino,State of California;by the following roll call vote:
AYES: COIVIMISSIONERS: Chair Lee,Vice Chair Takahashi; Gong, Paulsen
NOES:: COlVl1VIISSIONERS: Sun
ABSTAIN: COIVIMISSIONEIZS:none
ABSENT: GOMMISSIOIVERS:none
ATTEST:. APPROVED:
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G- hao Wirulie Lee h
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Assist. Dir. of Community Developrnent Plannulg Co ion
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