CC Resolution No. 14-156 Approving a Tree Removal Permit at 10121 N. Foothill Blvd. RESOLUTION NO. 14-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND
REPLACEMENT OF FIVE MONTEREY PINK TREES LOCATED AT 10121 N. FOOTHILL
BLVD
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2014-08
Applicant: Tate Development
Property Owner: Foothill Auto Service &Detail, Inc.
Location: 10121 N. Foothill Boulevard (APN 342-32-070)
SECTION II: FINDINGS FOR TREE REMOVAL,PERMIT:
WHEREAS, the City Council of the City of Cupertino received an. application for a Tree
Removal Permit as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee -and Planning Commission have
recommended adoption of a Mitigated Negative Declaration; 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;
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 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)..
Resolution No. 14-156
Page 2
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 initial study, 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,:
A Mitigated Negative Declaration (Application no. EA-2014-01) is hereby adopted; and the
application for a Tree Removal Permit, Application no. TR-2014-08 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. DP-2014-02 as set forth in
the Minutes of City Council Meeting of May 20, 2014, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received May 21, 2014 consisting of 40 sheets labeled AO-
A4, A4.1, A5-A9; A9.1, A10-20, AL1.1-AL1-4, C1-05, TM, L0, LO.1, LO.2, L1, L2, L2.1, and
L2.2, entitled, "Foothill Blvd PUD, 10121 N Foothill Blvd., Cupertino, CA 95014," drawn by
Modative, SMP Engineers, and Miriam Rainville; and the City's consulting arborist report
entitled, "An Evaluation of the Existing Trees - 10121 N. Foothill Boulevard, Cupertino,
California," prepared by Michael Bench, Registered Consulting Arborist # WE-1897 dated
March 22, 2013 except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2014-01, TM-2014-01, ASA-2014-02, and
DP-2014-02 shall be applicable to this approval.
3. TREE REPLACEMENTS AND FINAL PLANTING PLAN
The applicant shall plant replacement trees in accordance with the replacement
requirements of the Protected Tree Ordinance. The trees shall be planted prior to final
occupancy of site permits.
Resolution No. 14-156
Page 3
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 pew.
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.
4. 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.
5. SCHEDULING OF TREE REMOVALS TO AVOID IMPACTS TO NESTING BIRDS
The project shall implement the following measures to avoid impacts to nesting birds:
a) MM BI0-1.1: Removal of trees on the project site should be scheduled between
September and December (inclusive) to avoid the nesting season for birds and no
additional surveys would be required.
b) MM BI0-1.2: If removal of the trees on-kite 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 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. rChe 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 activit�r. Buffers for other birds shall be determined by
the ornithologist.
c) MM BI0-1.3: 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 rg ading or tree removal.
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
Resolution No. 14-156
Page 4
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
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 20th day of May, 2014, Regular Meeting of the City Council of
the City of Cupertino, State of California, by the following roll call vote:
AYES: Wong, Sinks, Chang, Mahoney
NOES: Santoro
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
v
Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cuperi�
f