CC Resolution No. 14-123 Removal and replacement of trees for Main Street ProjectRESOLUTION NO. 14 -123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A
TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF
ADDITIONAL TREES THAT ARE UNHEALTHY OR IN CONFLICT WITH THE
UTILITIES /INFRASTRUCTURE OF THE MAIN STREET CUPERTINO PROJECT,
LOCATED NORTH OF STEVENS CREEK BOULEVARD ON BOTH SIDES OF FINCH
AVENUE, WEST OF N. TANTAU AVENUE AND SOUTH OF VALLCO PARKWAY
SECTION I: PROTECT DESCRIPTION
Application No.: TR- 2013 -39
Applicant: Kevin Dare
Property Owner: Main Street Cupertino Aggregator, LLC
Location: North side of Stevens Creek Boulevard on both sides of Finch Avenue, west of
N. Tantau Avenue and south of Vallco Parkway
(APN 316 -20 -078, 316 -20 -079, quid 316- 20 -085).
SECTION II: FINDINGS FORA TREE REMOVAL PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application a Tree
Removal Permit as described in Section I. of this ]Resolution; and
WHEREAS, the City Council has previously certified an Environmental Impact Report
(FEIR) for the Main Street Cupertino project (SCH #2008082058) that evaluated the
environmental effects of the development of the subject site, including the removal and
replacement of the project trees; 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 of proof required to support said
application; and
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;
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The Applicant's project arborist and civil engineer (confirmed by the City Arborist) have determined
that the trees proposed for removal are all in poor condition and /or are in conflict with the proposed
utilities and public improvement infrastructures that 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 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 Applicant's project arborist and civil engineer (confirmed by the City Arborist) have determined
that the trees proposed for removal are all in poor condition and /or in conflict with the necessary
utilities and site /public improvements, and there are no reasonable alternatives to preserve or relocate.
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 Tree Removal Permit, Application no. TR- 2013 -39 is hereby approved, and that the sub -
conclusions upon which the findings and conditions specified in this resolution are based and
contained in the Public Hearing record concerning Application no. TR- 2013 -39 as set forth in the
Minutes of the City Council Meeting of February 25, 2014, 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 Tree Removal Plan consisting of two (2) sheets labeled L8 -1 & L8 -2
(stamped received February 7, 2014), and Project arborist letter prepared by Gary D.
Laymon, California Registered Landscape Architect #2397, except as may be amended by
conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
All previous conditions of approval from Resolution Nos. 12 -054, 12 -055, 12 -055, and 12-
098(M) shall remain in effect unless superseded by or in conflict with subsequent conditions
of approval, including the conditions contained herein in this resolution.
3. TREES APPROVED FOR REMOVAL
All healthy trees on Tantau Avenue shall be retained. Prior to the removal of any dead
and /or unhealthy trees along Tantau Avenue, an arborist report shall be provided to the City
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All healthy trees on Tantau Avenue shall be retained. Prior to the removal of any dead
and /or unhealthy trees along Tantau Avenue, an arborist report shall be provided to the City
Council. The four (4) ash trees ( #6, 7, 9 &: 10) on the berm and the berm located at the
southwest corner of the project along Stevens Creek Boulevard may be removed.
4. TREE REPLACEMENTS AND FINAL PLANTING PLAN
The applicant shall replant the removed trees as part of this application with 48 inch box
Americana Ash trees. The trees shall be planted and /or any pertinent in -lieu fees shall be
paid prior to final occupancy of site permits.
The final planting plan shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits. The Director of Community
Development may review and approve further refinements to the tree removal and planting
plan as necessary. The City Arborist shall confirm that the replacement trees were planted
properly and according to plan prior to final occupancy.
5. PLAN OF PROTECTION
A plan of protection indicating a minimum protection zone of 15 feet from the trunks of
trees #18 and #19, as indicated on approved Tree Removal Plan, shall be implemented within
thirty (30) days of the date of this action letter.
6. 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.
7. 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.
8. 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
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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 25th day of February, 2014, at a Special Meeting of the City
Council of the City of Cupertino, State of California, by the following, roll call vote:
AYES: Wong, Chang, Mahoney
NOES: Sinks, Santoro
ABSTAIN: None
ABSENT: None
ATTEST:
Grace Schmidt
City Clerk
APPROVED:
A� `
Gilbert Wong, Mayor
City of Cupertino