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HomeMy WebLinkAboutPC RESOLUTION NO. 2026-22 (TR-2025-030)CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2026-22 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT FOR THE REMOVAL AND REPLACEMENT OF 16 DEVELOPMENT TREES LOCATED AT 1655 S. DE ANZA BLVD. AND 7357 PROSPECT RD.; APNs: 366-10-061& -126) The Planning Commission recommends that the City Council approve the Tree Removal Permit, in substantially similar form to the Draft Resolution attached hereto as Exhibit TR. PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 8th day of September 2026, by the following roll call vote: AYES: Kosolcharoen, Scharf, Fung, Lindskog and Rao. NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: Piu Ghosh Planning Manager APPROVED: Tracy Kosolcharoen Chair, Planning Commission EXHIBIT TR RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A TREE REMOVAL PERMIT FOR THE REMOVAL AND REPLACEMENT OF 16 DEVELOPMENT TREES LOCATED AT 1655 S. DE ANZA BLVD. AND 7357 PROSPECT RD.; APNs: 366-10-061& -126) SECTION I: PROJECT DESCRIPTION Application No.: TR-2025-030 Applicant: Joshua Vrotsos (Dividend Homes) Property Owner: Prospect Venture LLC Location: 1655 S. De Anza Blvd. & 7357 Prospect Rd.; APNs: 366-10-061 & -126 SECTION II: FINDINGS FOR A 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 project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA Guidelines because the proposed project would meet the requirements of the Public Resources Code (PRC) Section 21080.66(a); and WHEREAS, on September 8, 2026, the Planning Commission held a duly noticed public hearing to receive staff's presentation and public testimony, and to consider the information contained in the Exemption Memorandum along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on September 8, 2026 the Planning Commission recommended on a 5-0 vote that the City Council approve the Use Permit (U-2025-005) in substantially similar form to the Resolution presented (Resolution No. 2026-20), approve the Architectural and Site Approval Permit (ASA-2025-014) in substantially similar form to the Resolution presented (Resolution No. 2026-19), approve the Vesting Tentative Map (TM -2025-006) in substantially similar form to the Resolution presented (Resolution No. 2026-21), and approve the Tree Removal Permit (TR-2025-030), in substantially similar form to the Resolution presented (Resolution No. 2026-22); and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and WHEREAS, the City Council of the City of Cupertino is the decision -making body for this Resolution; and WHEREAS, the applicant has met the burden of proof required to support the application for a Tree Removal Permit; and WHEREAS, the City Council 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). To accommodate for the new development's structures, walkways and internal street network, the existing trees cannot be preserved in their locations. The applicant proposes to provide replacement trees throughout the site, in conformance with the Municipal Code Ordinance requirements. The project proposes to locate the replacement trees where tree coverage is needed, while protecting all off site trees on private property that are adjacent to the project site. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 3 herein, and subject to the conditions contained in all other Resolutions approved for this Project The application for a Tree Removal Permit, Application No. TR-2025-030, is hereby approved, and that the sub -conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. TR-2025-030 as set forth in the Minutes of the City Council Meeting of October 6, 2026 Meeting, 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 entitled "1655 S De Anza Blvd Major Architectural and Site Approval Application Cupertino, CA" consisting of 74 sheets labeled as, P.1— P.5, A.1 — A.27, TM1.0, C2.0 -C7.3, T1.0 - T1.4, L1.1 - L3.2, INT1, INT2, PrPM1, PrSL1 and PrSL2, drawn by Dahlin [Architect] Group, BKF [Civil] Engineering and Michael Arnone [Landscape Architect] + Associates, except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible for verifying 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. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. TM -2025-006, ASA-2025-014, and U-2025-005 shall be applicable to this approval. 4. 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. 5. TREE RETENTION In accordance with the approved, peer -reviewed arborist report for this project, the applicant is required to retain and protect in -place the following on -site trees: a. Thirty-two (32) Italian Cypress, tree IDs 263-275, 277-279, 281-292 & 297-300, b. Three (3) Hollywood Juniper, tree IDs 262, 276 & 280, and c. One (1) Coast Redwood, tree ID 312. Additionally, the applicant is required to retain and protect in -place the following off - site trees: a. Four (4) Eucalyptus, tree IDs 245, 248, 249 & 494. b. Two (2) London Plane, tree IDs 246 & 247. c. Five (5) Australian Brush Cherry, tree IDs 252-256. d. Three (3) Elms, tree IDs 1, 313 & 314. e. Four (4) Coast Live Oaks, tree IDs 243, 244, 250 & 251. f. Eight (9) Coast Redwoods, tree IDs, 2, 3, 4, 242 & 257-261. Tree IDs 242-251 & 494 are located on the neighboring property to the north, 1601 S. De Anza Blvd., and has an active application (ASA-2025-017) on file with the city to redevelop the site with a new housing development. The neighboring project scope includes the removal of all on -site trees along the shared property line between the two sites. Until this neighboring project is approved for removal and demolition of the site and improvements occurs, the property owner of 1655 S. De Anza is required to implement tree protection measures. 6. TREE PROTECTION ZONES AND MEASURES AND SOUND WALL CONSTRUCTION MEASURES: Tree Protection Zones (TPZ) shall be established, and maintained continuously unless allowed below, as follows during the duration of construction: a. Tree IDs 242-251 and 494 are located on the neighboring property to the north, 1601 S. De Anza Blvd. i. Tree protection fencing should be installed along the edge of the canopy line of the trees located along the existing wall along the north property line. The fencing may only be temporarily removed to remove the existing hardscape under the existing tree canopy. The fencing must be re -installed immediately upon removal of the hardscape. ii. Once the fencing is re -installed, any excavation or grading that occurs within the TPZ must be done under the ISA-certified Project Arborist's supervision. Any roots 2 -inches or greater in diameter may only be removed with the approval of the ISA certified Project Arborist under their supervision and all recommendations must be followed. b. Tree IDs 1, 313 & 314 are located on the neighboring property to the south, 1699 S. De Anza Blvd. i. Tree protection fencing should be installed along the edge of the planting strip. If the planter is replaced, then an excavation or grading that occurs should be done under an ISA certified Project arborist's supervision. ii. Once the fencing is re -installed, any excavation or grading including that required for sound wall installation under (iii) below, that occurs within the TPZ should be done under ISA-certified Project Arborist supervision onsite. Any roots 2 -inches or greater in diameter may only be removed with the approval of the ISA certified Project Arborist under their supervision and all recommendations must be followed. iii. The proposed sound wall must be installed with a pier and beam to reduce root pruning impacts. This design must be included on all building permit plans which are to be reviewed for compliance prior to issuance of building permits by the Planning Division. During the installation of the footing, the ISA certified Project Arborist must monitor the work. c. Tree ID 312 is located on -site and is proposed to be retained and protected in place. Impacts are expected to be moderate due to the amount of work occurring with the TPZ of the tree. The following are required to ensure the highest chance of survival of this tree: i. The tree protection fencing shall be installed at the dripline of the tree. ii. The fencing may only be temporarily removed when the existing hardscape is removed with ISA-certified Project Arborist supervision. Fence must be re- installed immediately upon removal of the existing hardscape. Once the work is completed, the fencing shall be re -installed at the dripline of the tree promptly upon removal of the hardscape. iii. Once the fencing is re -installed, any excavation or grading including that required for sound wall installation under (iv) below, that occurs within the TPZ should be done under ISA-certified Project Arborist supervision onsite. Any roots 2 -inches or greater in diameter may only be removed with the approval of the ISA certified Project Arborist under their supervision and all recommendations must be followed. iv. The proposed sound wall shall be installed with a pier and beam to reduce root pruning impacts. This design must be included on all building permit plans which are to be reviewed for compliance prior to issuance of building permits by the Planning Division. During the installation of the footing, the ISA-certified Project Arborist shall monitor the work, the project applicant must allow the arborist the discretion to approve or deny the pruning of large roots in order to retain this tree, this will ensure that less than 25% of the roots are impacted by the proposed project. d. Tree IDs 297-300 are located on -site and are proposed to be retained and protected in place. The impacts are expected to be low to moderate since work may occur within the TPZ of the trees to be retained. i. The tree protection fencing will be installed along the dripline of the trees. The fencing may only temporarily be removed when the existing hardscape is removed with ISA-certified Project Arborist supervision. The fencing shall be promptly re -installed upon completion of the hardscape removal along the dripline of the tree. ii. Once the fencing is re -installed, any excavation or grading including that required for sound wall installation under (iii) below, that occurs within the TPZ should be done under ISA-certified Project Arborist supervision onsite. Any roots 2 -inches or greater in diameter may only be removed with the approval of the ISA certified Project Arborist under their supervision and all recommendations must be followed. iii. The proposed sound wall shall be installed with a pier and beam to reduce root pruning impacts. Project plans for construction must indicate this in the design which are to be reviewed for compliance prior to issuance of building permits by the Planning Division. During the installation of the footing, the ISA certified Project Arborist should monitor the work. e. Tree IDs 2 & 252-261 are located on the neighboring properties to the west. All neighboring trees that are in an elevated retaining wall along the edge of the property and impacts are expected to be low to moderate. i. The tree protection fencing will be installed along the dripline of the trees. ii. The existing fencing may only be temporarily removed if and when the existing hardscape is removed with ISA-certified Project arborist supervision onsite. The fencing shall be promptly re -installed upon completion of the hardscape removal. iii. Upon re -installation of the fence, any excavation or grading that occurs within the TPZ shall only be done under ISA-certified Project Arborist supervision onsite. Any roots 2 -inches or greater in diameter may only be removed with the approval of the ISA-certified Project Arborist under their supervision and all recommendations must be followed. f. Tree ID 3 is located on a neighboring property to the west and is expected to have none to low impacts. The tree will be protected by the existing fence that is in place along the shared property line. Additionally, tree protection fencing is proposed at adjacent trees located on site, no additional tree protection fencing needs to be installed for tree ID 3. g. Tree ID 4 is located in the public rights -of -ways but is not a Public Works city street tree. The tree currently helps to obscure offsite views between the existing single- family home to the west and the subject site. i. Tree protection fencing shall be installed along the edge of the property line. It may not be removed during the course of construction unless approved plans indicate construction with the TPZ. Any excavation or grading that occurs within the TPZ shall be done under the ISA-certified Project Arborist supervision. ii. Any roots 2 -inches or greater in diameter may only be removed with the approval of the ISA certified Project Arborist under their supervision and all recommendations must be followed. h. Tree IDs 262-292 are located on -site and are proposed to be retained and protected in place. All trees are located along west property line at the edge of the parking lot. The trees are all expected to have low to moderate impacts due to work occurring within the TPZ of the trees to be retained. i. The tree protection fencing shall be installed along the dripline of the trees. The fencing may only be temporarily removed when the existing hardscape is removed with ISA-certified Project Arborist supervision onsite. The fencing shall be promptly re -installed upon completion of the hardscape removal along the dripline of the tree. ii. Once the fencing is re -installed, any excavation or grading including that required for sound wall installation under (iii) below, that occurs within the TPZ should be done under ISA-certified Project Arborist supervision onsite. Any roots 2 -inches or greater in diameter may only be removed with the approval of the ISA certified Project Arborist under their supervision and all recommendations must be followed. iii. The proposed sound wall shall be installed with a pier and beam to reduce root pruning impacts. Project plans for construction must indicate this in the design which are to be reviewed for compliance prior to issuance of building permits by the Planning Division. During the installation of the footing, the ISA certified Project Arborist should monitor the work. 7. TREE REPLACEMENT SIZE The applicant shall provide adequate tree replacements for trees proposed to be removed in conformance with the replacement guidelines per Cupertino Municipal Code Section 14.18.160. The required tree replacement for the project is thirteen (13) 36" box trees or twenty-eight (28) 24" box trees, or a combination thereof that meets the minimum requirements. If the planting schedule is modified, the size of the proposed replacement trees shall be consistent with the following requirements of the City's Protected Tree Ordinance unless deemed infeasible by the Director of Community Development in consultation with the City's Consulting Arborist, at applicant cost: • Diameter of trunk size of removed tree up to 12 inches shall be replaced with one 24 -inch box tree; • Over 12 inches and up to 36 inches shall be replaced by two 24 -inch box tree or one 36 -inch box tree; and • Over 36 inches shall be replaced with one 36 -inch box tree. Should it be determined that planting of replacement trees in the quantity or a portion of the quantity specified above cannot be accomplished in accordance with best forestry management practices, the applicant shall pay an in -lieu fee for each tree not replaced on -site in accordance with the in -lieu fee requirements outlined in Municipal Code Section 14.18.160(B). 8. ARBORIST REVIEW Prior to building permit issuance, any modifications to the approved landscape plan including, but not limited to, the number, location, and species of replacement trees, shall be reviewed and approved by the City in consultation with the City's Consulting Arborist, at the applicant's cost. All replacement trees shall be planted prior to final building inspection. The Applicant shall provide the Department of Community Development adequate documentation, including, but not limited to, photographs, receipts or invoices, to verify that replacement trees 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 for any of the residential units. 9. TREE PROTECTION a. The project applicant shall retain an ISA-certified Project Arborist to be onsite for any construction activity, grading and or excavation in the Tree Protection Zone (TPZ) b. As part of the demolition or building permit drawings, a tree protection plan shall be prepared by the ISA-certified project arborist for the trees to be retained. In addition, the following measures shall be added, at a minimum, to the protection plan: • Install TPZ fencing at the calculated TPZ listed in Table 2 of the Arborist Report, at the pavement edge of the trees to be retained and remain in place for the entirety of the project. Access into the TPZ should not be allowed unless determined to be necessary and only under the supervision of an ISA-certified project arborist. The fence shall be a minimum of five feet in height and shall be set securely in place. The fence shall be of a sturdy but open material (i.e., chain link), to allow visibility to the trunk for inspections and safety. The fence shall be in place until construction has been completed. There shall be no storage of any kind within the protective fencing. TPZs shall be constructed in such a fashion as to not be easily moved or dismantled. • As the proposed building(s) are within the TPZ's, the fencing may be moved in as needed but should be returned to the TPZ edge as soon as possible. • "Tree Protection Area - Keep Out" or similar signs shall accompany the TPZ fencing every 15 feet and include contact information to report violations. • Any excavation within the TPZ must be hand -dug, or done with pneumatic air spade or hydro -vac, and should be monitored by the ISA-Certified Project Arborist. All impacts shall be documented. • Any roots >2 -inch diameter may only be pruned with review and approval from the ISA-certified Project Arborist who must be onsite to observe the work. • All heavy equipment must remain outside of the TPZ. No stockpiling of materials, vehicular traffic, or storage of equipment or machinery shall be allowed inside the TPZ. • All pruning shall be done by a Certified Arborist or Certified Tree Worker in accordance with the Best Management Practices for Pruning (International Society of Arboriculture, 2002) and adhere to the most recent editions of the American National Standard for Tree Care Operations (Z133.1 and Pruning (A300). • TPZs shall remain in place for the entirety of the project and only removed, temporarily or otherwise, by the ISA Certified Project Arborist after submission and approval of intent. • Trees on -site shall be irrigated regularly. • If the soil within the TPZ is compacted, then aerate the soil using an air spade to alleviate compaction and promote the flow of oxygen and water to the roots. • Add a 3 -inch layer of mulch to the portion of the root zone protected by the TPZ. Be sure not to cover/bury the tree root collar. Mulch aids the soil in water retention and also helps insulate the soil from hot and cold weather extremes. • Where possible, add a 4 -6 -inch layer of wood chips over any parts of a root zone not protected by the TPZ. This will aid in reducing the impact of soil compaction from foot traffic and/or heavy equipment during the upcoming construction activities. c. The tree protection measures shall be inspected and approved by the ISA-certified project arborist prior to issuance of demolition, grading or building permits. d. A report ascertaining the good health of the trees mentioned above shall be provided by the applicant's arborist, to be peer reviewed by the City's Consulting Arborist, prior to issuance of final occupancy. 10. PROTECTED TREES The applicant and future property owners understand that the replacement trees and all other trees approved with this development may not be removed without the prior approval by the Community Development Department of 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 replacement and development trees on site upon sale of the property. 11. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible for consulting 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. 12. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City's choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the "indemnified parties") from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as "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 related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and costs shall include amounts paid to the City's outside counsel 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. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys' fees, or costs awards, including attorneys' fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 13. 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 at a regular meeting of the City Council of the City of Cupertino this 6th day of October, 2026, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: Kitty Moore, Mayor Date City of Cupertino ATTEST: Date Lauren Sapudar, City Clerk