Reso 6811TIS -2016-14
CITY OF C P E1Z'I INO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6811
OF THE PLANNING COMMISSION OF THE CITY OF CJPERTINO RECOMMENDING APPROVAL
OF A TREE ElE ]REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT T OF 90 TREES E]ES TO
FACILITATE THE CONSTRUCTION ION OF A 122 -ROOM HOTEL, ']C`WO MIXED-USE BUILDINGS WITH
133 APARTMENT UNITS AND APPROXIMATELY 22,600 SQUARE FEET OF COMMERICAL SPACE
AND ASSOCIATED SITE AND OFF-SITE IMRPOVEM]ENTS IN A PLANED DEVELOPMENT ZON E
AT 10122 BANDL EY DRIVE AND 10145 NORTH H[ D ANZA BOULEVARD
SECTION la PROJECT DESCRIPTION
Application No.: TR -2016-14
Applicant: Amy Cham
]property Owner: De Anza Venture, LLC
Location: 10122 Bandley Drive and 10145 North De Anza Boulevard
(APN#326-34-043 and 326-34-066)
SECTION II: FINDINGS FOR TREE REMOVAL PERMIT:
WHEREAS, the ]Manning Commission of the City of Cupertino received an application for a Free
Removal hermit as described in Section I. of this Resolution; and
WHEREAS, the Environmental review Committee has recommended adoption of a Mitigated Negative
Declaration; and
WHEREAS, the necessary public notices have been given as required by the Proceduural Ordinance of
the City of Cupertino, and the ][Manning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the ]Manning 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 limiting
the use of property in a manner typically not 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 proposed trees are in conflict with the proposed new building and site improvements. The demolition of the
existing structures and new construction would result. in the removal of all 90 trees on site. The majority of
trees to be removed are Southern Magnolia and Canary Island Pine. While the trees are not identified as a
protected species as defined by Cupertino Municipal Code Chapter 14.18, these trees are protected under the
Resolution No. 6811 TR -2016-14 July 26, 2016
category of "approved development tree, " because they were planted as part of the originally approved
development. Therefore, replacement plantings are required for the proposed removal. The required
replacement plantings are 107 24 -inch box trees; however the applicant proposes the planting of 172 trees
within a range of 24"-48" box sizes as shown on plan sheet L4.01.
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,:
The application for a Tree Removal Permit, Application no. TR -2016-14 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 -2016-14 as set forth
in the Minutes of Planning Commission Meeting of July 26, 2016, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received on June 2, 2016 consisting 134 sheets
labeled as "Marina Plaza the urban village" consisting of 134 sheets labeled as T.1 to T.9, C1.0 to
C5.2, R-1 to R-2, JT -1 to JT -3, A.0 to A.65, PM -1 to PM -3, SL -1 to SL -3, E-1 to E-2, and L0.02 to L5.02,
drawn by Dahlin Group, VER Consultants, RGA, Bruce Jett Associates, Coffman Engineers. Inc,
Emerald City Engineer, Inc. Beyond Efficiency Inc, and RGD Acoustic, Inc., except as may be
amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP -2015-05, ASA -2015-22, U-2015-06, EXC-2016-03,
and EXC-2016-05 shall applicable to this approval.
3. TREE REPLACEMENTS AND FINAL PLANTING PLAN
The applicant shall plant replacement trees in accordance with the replacements requirements of the
Protected Tree Ordinance. The trees shall be planted prior to final occupancy of site permits.
The final planting plan shall be reviewed and approved by the Director of Community
Development with consultation by the City's consulting arborist prior to issuance of building
ep rmits• The Director of Community Development shall have the discretion to require additional
tree replacements as deemed necessary. The City's consulting arborist shall confirm that the
replacement trees were planted properly and according to plan prior to final occupancy.
4. TREE REPLACMENT BOND
The applicant shall provide a tree replacement bond in an amount determined by the City's
consulting arborist prior to removals and issuance of demolition andrg adingep rmits. The bond
shall be returned after the required tree replacements have been planted and verified by the City's
consulting arborist.
Resolution No. 6811 TIS -2016-14 July 26, 2016
5. C®1VULSTATION 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.
6. INDEMNIFICATION
EMNIFICA'l ION
To the extent permitted by law, the applicant shall indemnify 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 indemnified parties and the applicant to
attack, set aside, or void this ][resolution or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defuse of the litigation The applicant and City shall use best efforts to select mutually agreeable
legal counsel to defend such action, and the applicant shall pay all compensation for such 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
otherwise 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.
7. 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 July 2016, Regular Meeting of the ]Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS: Chair Takahashi, Nice Chair Gong, Paulsen
NOES:
COMMISSIONERS: Lee
ABSTAIN:
COMMISSIONERS: Sun
ABSENT:
COMMISSIONERS:
ATTEST: EST: AP]PROV ED:
Benjamin Fu
Assist. Director of Community Development
Alan Takahashi, Chair
]Planning Commission