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