CC Resolution No. 13-050 Approving Site Modifications to Previously Approved Tree Removal Permit to Allow Removal of Trees at 20803 SC Blvd and 10033-10095 Saich Way RESOLUTION NO. 13-050
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING SITE
MODIFICATIONS TO A PREVIOUSLY APPROVED TREE REMOVAL PERMIT TO
ALLOW THE REMOVAL AND REPLACEMENT OF 13 TREES IN CONJUNCTION WITH A
PROPOSED DEVELOPMENT PROJECT LOCATED AT 20803 STEVENS.CREEK BLVD
AND 10033-10095 SAICH WAY
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2012-41
Applicant: Tom Purtell (Borelli Investment Co.)
Property Owner: Diana Taylor
Location: 20803 Stevens Creek Boulevard and 1003340095 Saich Way (APNs 326-32-
041 and 326-32-042, respectively)
SECTION II: FINDINGS FOR A TREE REMOVAL PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application for site
modifications to a previously approved Tree Removal Permit as described in Section I. of this
Resolution; and
WHEREAS, the City Council has adopted a Mitigated Negative Declaration (EA-2012-09); and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council has held at least one public hearing in
regard to the application; and
WHEREAS, the applicant has met the burden o f proof required to support said application; and
WHEREAS, the City Council finds as follows with regard to this application:
WHEREAS, the City Council finds as follows with regard to this application:
a) That the trees are irreversibly diseased, are in danger of falling, can cause potential damage
to existing or proposed essential structures, or interferes with private on-site utility services
and cannot be controlled or remedied through reasonable relocation or modification of the
structure or utility services;
The City's consulting arborist has determined that the trees proposed for removal are all in conflict
with the proposed new buildings and site improvements, and, given their condition, are not suitable
for preservation or relocation.
b) That the location of the trees restricts the economic enjoyment of the property by severely
limiting the use of property in a manner riot typically experienced by owners of similarly
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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 City's consulting arborist has determined that the trees proposed for removal are all in conflict
with the proposed new buildings and site improvements, and, given their condition, are not suitable
for preservation or relocation.
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 site modifications to Tree Removal Permit, Application no. TR-2012-41 are 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-2012-41 as
set forth in the Minutes of the City Council Meeting of July 16, 2013, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. CITY COUNCIL-REQUIRED MODIFICATION
Per the City Council's approval on July 16, 2013, the overall site plan shall be modified to
eliminate one parking stall along the two-way driveway from Stevens Creek Boulevard to
increase the driveway throat setback to at least 50 feet from street curb to the edge of the
southernmost parking stall in the row. The project is permitted to have a required parking
supply deficient of one parking stall, for a total onsite supply of 79 parking spaces. The final
details shall be provided to the City for review and approval prior to building permit
issuance.
2. SUPERCEDANCE OF CITY COUNCIL RESOLUTION NO. 13-017
City Council Resolution no. 13-017 is hereby superceded with the conditions contained in
this resolution.
3. APPROVED EXHIBITS
Approval is based on the plan set consisting of 6 sheets labeled A1g (received July 18, 2013),
A2 (received July 18, 2013), Building 1 Exterior Elevations (received July 18, 2013), A3
(received July 18, 2013), Building 2 Exterior Elevations (received July 18, 2013), and C-1
(received July 19, 2013), entitled, "Saich Way, 20803 Stevens Creek Blvd., Cupertino,
California, Borelli Investment Co.,"drawn by FCGA Architecture and HMH; the consulting
arborist peer review report entitled, "A Review of the Existing Trees at the Saich Way
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Station Project, Stevens Creek and Saich Way, Cupertino, California," prepared by Michael
Bench, Registered Consulting Arborist # WE-1897 dated November 2012; and the arborist
report entitled, "Borelli Investment Company, 20803 Stevens Creek Boulevard/10033-10095
Saich Way, Pre-Construction Tree Protection Plan," prepared by Samuel Oakley, Certified
Arborist # WE-9474A dated June 18, 2012; except as may be amended by conditions in this
resolution.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2012-05 and ASA-2012-13 shall be
applicable to this approval.
5. TREE REPLACEMENTS AND FINAL PLANTING PLAN
The applicant shall plant replacement trees in accordance with the replacement
requirements of the Protected Tree Ordinance. Street trees along Stevens Creek Boulevard
and Saich Way shall be consistent with the Heart of the City Specific Plan. The trees shall be
planted prior to final occupancy of site permits.
The final planting plan shall be reviewed and approved by the Director of Community
Development with consultation by the City Arborist prior to issuance of building permits.
The Director of Community Development shall have the discretion to require additional tree
replacements as deemed necessary. The City Arborist shall confirm that the replacement
trees were planted properly and according to plan prior to final occupancy.
6. TREE REPLACEMENT BOND
The applicant shall provide a tree replacement bond in an amount determined by the City
Arborist prior to removals and issuance of demolition and grading permits. The bond shall
be returned after the required tree replacements have been planted and verified by the City
Arborist.
7. SCHEDULING OF TREE REMOVALS TO AVOID IMPACTS TO NESTING BIRDS
The project shall implement the following measures to avoid impacts to nesting birds:
a) Removal of trees on the project site could be scheduled between September and
December (inclusive) to avoid the nesting season for birds and no additional surveys
would be required.
b) If removal of the trees on-site is planned to take place between January and August
(inclusive), a pre-construction survey for nesting birds shall be conducted by a qualified
ornithologist to identify active nesting raptor or other bird nests that may be disturbed
during project implementation. Between January and April (inclusive) pre-construction
surveys shall be conducted no more than 14 days prior to the initiation of construction
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activities or tree relocation or removal. Between May and August (inclusive), pre-
construction surveys shall be conducted no more than thirty (30) days prior to the
initiation of these activities. The surveying ornithologist shall inspect all trees in and
immediately adjacent to the construction area for nests. If an active raptor nest is found
in or close enough to the construction area to be disturbed by these activities, the
ornithologist shall, in consultation with the State of California, Department of Fish &
Game (CDFG), designate a construction-free buffer zone (typically 250 feet) around the
nest until the end of the nesting activity. Buffers for other birds shall be determined by
the ornithologist.
c) A report summarizing the results of the pre-construction survey and any designated
buffer zones or protection measures for tree nesting birds shall be submitted to the
Community Development Director prior to the start of grading or tree removal.
8. 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.
9. 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 ordinance 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 City may, in
its sole discretion, elect to defend any such action with attorneys of its choice.
10. 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.
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PASSED AND ADOPTED this 16th day of July, 2013, Regular Meeting of the City Council of the
City of Cupertino, State of California, by the following roll call vote:
AYES: Mahoney, Wong, Chang, Santoro, Sinks
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: A /I PPROV
/ .
Grace Schmidt Orrin Mahoney, ■ ayor
City Clerk City of Cupertino