CC Resolution No. 12-111 Biltmore TR-2012-13 RESOLUTION NO. 12-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE REMOVAL AND REPLACEMENT OF PROTECTED TREES WITH THE
DEVELOPMENT OF ADDITIONAL APARTMENT UNITS AT AN EXISTING APARTMENT
COMPLEX IN CONJUNCTION WITH RESOLUTION NO. 12-112 (DP-2011-05), LOCATED AT
10159 S BLANEY AVE (APN: 369-03-008)
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2012-13
Applicant: Mike Ducote
Property Owner: Prometheus Real Estate Group
Location: 10159 S Blaney Ave (APN: 369-03-008)
SECTION II: FINDINGS FOR TREE REMOVAL
WHEREAS, the City Council of the City of Cupertino received an application for tree removal,
as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the City Council has held at least one public hearing on
this matter; and
WHEREAS, the City Council finds the following 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).
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the 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-2012-13, 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-2012-13 as set
forth in the Minutes of City Council Meeting of September 18, 2012, and are incorporated by
reference as though fully set forth herein.
Resolution TR-2011-13 September 18,2012
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated September 7, 2012, consisting of 34 sheets labeled
AO, C1, C2, C3, C4, Al, A2.A, A2.B, A3, A4, A5, A7, A8, A9, A10, All, Al2, A13, A14, A15,
A16, A17, A18, A19, A20, A21, A22, A23, A24, A25, A27, L1, L2, and L3, entitled, "20030
Stevens Creek Boulevard & Biltmore Apartments, Planning Submittal, 9.07.12" prepared by
Christiani Johnson; BKF Engineers, Surveyors, & Planners; and the Guzzardo Partnership,
Inc., and on the arborist report dated February 24, 2012, entitled, "An Arborist Review of the
Proposed Project at 20030 Stevens Creek Boulevard (Biltmore Adjacency), Cupertino,
California" prepared by David Babby, except as may be amended by conditions in this
resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2011-05, ASA-2011-19, DP-2011-06,
ASA-2011-20, and TR-2012-18 shall be applicable to this approval.
3. REQUIRED TREE REPLACEMENTS
The applicant shall be required to plant tree replacements in and around the property in
accordance with the City's Protected Trees Ordinance. The required replacement trees shall
be planted prior to final occupancy of the project associated with file no. DP-2011-05, ASA-
2011-19, DP-2011-06, ASA-2011-20, and TR-2012-18.
4. TREE PROTECTION
Prior to building permit issuance, the tree protection measures contained in the City's
Consulting Arborist's Report, An Arborist Review of the Proposed Project at 20030 Stevens
Creek Boulevard (Biltmore Adjacency), Cupertino, California, dated February 24, 2012, shall
be implemented as deemed appropriate by the Director of Community Development for the
trees to be retained. The City's consulting arborist shall verify that the tree protection
measures are in place prior to construction/demolition. The tree protection measures shall be
placed in the construction plan set and posted on tree protection fences. A report
ascertaining the good health of the trees mentioned above shall be provided prior to
issuance of final occupancy.
5. ADDITIONAL TREE REMOVALS AND REPLACEMENTS
In the event additional tree removals are required in conjunction with this specific project,
whether off-site or on-site, no further tree replacements will be required as the proposed
amount of tree replacements exceeds the City's minimum requirements stipulated in the
Protected Tree Ordinance. However, the Director of Community Development shall have
the discretion to require additional tree replacements as deemed necessary. The final tree
replacement plan shall be reviewed and approved prior to final building approval.
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Resolution TR-2011-13 September 18,2012
6. 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
18th day of September 2012, by the following vote:
Vote Members of the City Council
AYES: Mahoney, Santoro, Sinks, Wong
NOES: Chang
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
Grace Schmidt Mark Santoro
City Clerk Mayor, City of Cupertino
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