Reso 6859TR -2018-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 950.14
RESOLUTION NO. 6859
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TREE REMOVAL PERMIT TO ALLOW FOR THE REMOVAL
AND THE REPLACEMENT OF 43 PROTECTED DEVELOPMENT TREES,
LOCATED AT 20745 STEVENS CREEK BLVD. (APN 326-32-005)
SECTION I• PROTECT DESCRIPTION
Application No.: TR -2018-04
Applicant: Jennifer Kirby (Kimley-Horn)
Location: 20745 Stevens Creek Blvd.
SECTION II: FINDINGS FOR TREE REMOVAL PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tree Removal Permit to consider allowing the removal and replacement of 43
Protected Trees, as described in Section L 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 of least one
public hearing in regard to the application; and
WHEREAS, the project is determined to be exempt from the California Environmental
Quality Act (CERA); 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:
1. 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 proposal is an update of an existing commercial retail building with no increase of the
square footage. In order to accommodate for the new pedestrian -oriented entry plaza located
Resolution No. 6859 TR -2018-04 August 14, 2018
Page 2
under the new winged canopy, walkways to public portal plazas, bioretention basins
between parking spaces, and the subsequent restriping the existing trees cannot be
prereserved in their location. The applicant proposes replacement trees throughout the site
in conformance with the Municipal Code Ordinance requirements and proposes to locate
the replacements where tree coverage is needed.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony, staff's report and
presentation, 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 -2018-04 is hereby approved
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 -2018-04 as set forth in the Minutes of Planning Commission Meeting of August -14,
2018 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 drawn by Kimley-Horn entitled "Target Cupertino
Store Remodel" consisting of twenty-five (25) sheets labeled as T1.1, C0.0, C0.1, C0.2;
C1.0, C2.0, L1.0, L1.1, L1.2, L1.3, L1.4, L2.0, L2.1, L2.2, L3.0, L3.1, L3.2, A201, LP -103,
and four renderings 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. ASA -2018-01 shall be applicable to
this approval.
Resolution No. 6859 TR -2018-04 August 14, 2018
Page 3
2. TREE REPLACEMENT SIZE
The applicant shall provide adequate tree replacements for trees proposed to be
removed in conformance to the replacement guidelines per Cupertino Municipal
Code Section 14,18.160. The size of the proposed replacement trees shall be modified
as follows 'to be consistent with the City's Protected Tree Ordinance unless deemed
infeasible by the City's Consulting Arborist:
a. Diameter of trunk size of removed tree up to 12 inches shall be replaced with
one 24 -inch box tree;
b. Over 12 inches and up to 36 inches shall be replaced by two 24 -inch box tree or
one 36 -inch box tree; and
c. Over 36 inches shall be replaced with one 36 -inch box tree.
If it is determined that it is physically not feasible to plant the required replacements
trees, the Applicant may pay in -lieu fees determined to be appropriate by the
Community Development Director.
3. ARBORIST REVIEW
Prior to building permit issuance, the number, location and species of trees shall be
reviewed and approved by the City in consultation with the City's Consulting
Arborist.
The replacement trees shall be planted prior to building permit final. The Applicant
shall provide the Department of Community Development adequate documentation,
including, but not limited to, photographs, receipts or invoices, to verify that
replacements have been planted. The City's consulting arborist shall inspect the trees
after planting and a report ascertaining the good health of the trees mentioned. above
shall be provided prior to issuance of final occupancy.
4. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be
prepared by a certified arborist for the trees to be retained. In addition, the following
measures shall be added to the protection plan:
® For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work. .
® No parking or vehicle traffic shall' be allowed under root zones, unless using
buffers approved by the Project Arborist.
® No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist shall
be consulted before any trenching or root cutting beneath the dripline of the
tree.
Resolution No. 6859 TR -2018-04 August 14, 2018
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®. Wood chip mulch shall be evenly spread inside the tree projection fence to a
four -inch depth.
® Tree protection conditions shall be posted on the tree protection barriers.
® Retained trees shall be watered to maintain them in good health.
® A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified arborist
prior to issuance of building permits. The City's consulting arborist shall inspect the
trees to be retained and shall provide reviews prior to issuance of demolition, grading.
or building permits. A report ascertaining the good health of the trees mentioned
above shall be provided prior to issuance of final occupancy.
5. PROTECTED TREES
The applicant understands that the replacement trees may not be removed without a
Tree Removal Permit and that they shall be responsible for ensuring the proper
maintenance and care of the trees. The applicant shall also disclose the location and
species of all replacements trees on site upon sale of the property.
5. 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.
6. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents (collectively,
the "indemnified parties") from and against any claim, action, or proceeding brought
by a .third. party against one or more of the indemnified parties or one or more of the
indemnified parties and the applicant to attack, set aside, or void this Resolution or
any permitor 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 shall pay such attorneys' fees and costs within 30 days
following receipt of invoices from City. Such attorneys' fees and costs shall include
amounts 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.
Resolution No. 6859 TR -2018-04 August 14, 2018
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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 14th day of August, 2018, at the Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS: `
ABSENT:
COMMISSIONERS:
ATTEST:
Benjamin Fu
Assist. Dir. of Community Development
APPROVED:
J. �L
Geoff
• I en
Planning Commission