Reso 6805TR -2015-21
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6805
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE
CITY COUNCIL APPROVES TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND
REPLACEMENT OF 277 TREES IN CONJUNCTION WITH THE CONSTRUCTION OF A 942 -UNIT
APARTMENT COMPLEX LOCATED AT 19500 PRUNERIDGE AVENUE
SECTION I: PROJECT DESCRIPTION
Application No.: TR -2015-21
Applicant: Carlene Matchniff
Property Owner: Irvine Company
Location: 19500 Pruneridge Ave (APN: 369-06-032,316-06-037)
SECTION II: FINDINGS FOR TREE REMOVAL PERMIT:
WHEREAS, the Planning Commission 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 Planning 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 Planning 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 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 trees proposed for removal are all in conflict with the proposed new building and site improvements. The
demolition of the existing complex would result in the removal of 276 of the 433 existing trees from the center
of the site, where new buildings and landscape are proposed. The majority of redwood trees along the property
line perimeter would be preserved to maintain both the character of the site and the buffer between the buildings
and city streets. Trees proposed for removal along the perimeter are limited to those not suitable for
preservation and/or those in poor condition. The majority of the species of the trees proposed for removal are
Fern pine., Southern magnolia., London plane., Purpleleaf plum, Callery pear., Evergreen pear, Coast redwood,
and Chinese elm. While not protected by species as defined by Cupertino Municipal Code Chapter 14.18, these
trees are protected under the category of "approved development tree," because they were part of a development
plan for the originally -approved Hamptons. Therefore., replacement plantings are required for those proposed
for removal. 396 additional trees, within the range of 36"-60-" box sizes, are proposed to be planted as part of
the new landscape plan as shown on plan sheet L2.00. The schedule of species., number, size and locations are
Resolution No. 6805 TR -2015-21 May 10, 2016
additionally detailed in the tree survey within the ISIMND's technical appendix and plan sheets L5.00 and
L6.00 -L6.11.
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 -2015-21 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 -2015-21 as set forth
in the Minutes of Planning Commission Meeting of May 10, 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 (1) the architectural, civil, landscape and signage plan set
dated received January 29, 2016 consisting of ninety (90) sheets labeled "The Hamptons
Redevelopment" and prepared by Arquitectonica, BKF, Olin and RSM Design; (2) colors and
materials board dated October 13, 2015 and prepared by Arquitectonica; (3) perspective exhibits
labeled "Amenity Deck Views" dated July 29, 2015 prepared by Arquitectonica; and (4) Tree Survey
dated May 2015 prepared by HortScience, 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 CONDITIONS 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 no. DP -2015-04, ASA -2015-13, TR -2015-21, U-2015-05,
DA -2015-01, and EA -2015-03 and shall be applicable to this approval.
5. TREE PROTECTION
The existing trees to remain or transplanted 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.
Resolution No. 6805 TR -2015-21
May 10, 2016
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.
8. INDEMNIFICATION
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
defense 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 applicants litigation counsel.
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.
Resolution No. 6805 TR -2015-21 May 10, 2016
PASSED AND ADOPTED this 10th day May 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, Vice Chair Gong, Paulsen, Sun
NOES: COMMISSIONERS: Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
Aarti Shrivastava
Dir. Community Development
APPROVED:
an Takahashi, Chair
Planning Commission