CC Resolution No. 14-206 approving a tree removal permit to allow the removal and replacement of 96 trees to facilitate the construction of a new Hotel located at 10380 Perimeter Rd RESOLUTION NO. 14-206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND
REPLACEMENT OF 96 TREES TO FACILITATE THE CONSTRUCTION OF A NEW HOTEL
LOCATED AT 10380 PERIMETER ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2014-28
Applicant: Edward Chan
Property Owner: Cupertino Property Development II, LLC
Location: 10380 Perimeter Road (APN 316-20-092)
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 has 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 a pp licant 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 majority (52 of 84) of the Coast Redwoods along the Wolfe Road and I-280 perimeter of the site
are found by the City's Consulting Arborist to be in extremely poor to irrecoverable health condition
due to lack of water or overcrowding. Nine Coast Redwood trees along the I-280 perimeter were
identified by the arborist as having a high suitability for preservation since.they appear reasonably
healthy and have no significant issues or defects. Three of these trees are proposed for removal due to
the proposed trail pathway connection, while the other six will be preserved. All of the 28 perimeter
Resolution No.14-206
Page 2
trees along Wolfe Road are proposed for removal since twenty-two of these are in poor health and since
it will facilitate the construction of the pathway.
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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 City's consulting arborist has determined that the trees proposed for removal are 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-2014-06) is hereby adopted; and the
application for a Tree Removal Permit, Application no. TR-2014-28 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-2014-28 as set forth in
the Minutes of City Council Meeting of October 21, 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 October 2, 2014 consisting of 51 sheets labeled A-
0.0 to A-0.3, C-1.0 to C-7.0, L-1 to L-5, A-1.0, A-1.0a, A-1.1 to A-1.4, A2.0, A-2.0a, A-2.1 to A-
2.6, A 73.0 to A-3.8, A-4.0, A-4.0a, A-4.1, A-4.1 a, A-4.2, A-5.0, A-6.0, A-6.1, E-0.1, and E-1.0'to
E-1.2, entitled, "Hyatt House, Cupertino California, Wolfe Road & Interstate 280," drawn by
Gene Fong Associates, Sandis, Bruce Jett Associates, and Emerald City Engineers, Inc.; and
the City's consulting arborist report entitled, "Arborist Report: Hyatt House Hotel at Vallco
Park, Wolfe Road and Interstate 280, Cupertino, California (APN 316-20-092)," prepared by
David Babby, Registered Consulting Arborist #399 dated August 25, 2014 except as may be
amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
Resolution No.14-206
Page 3
The conditions of approval contained in file nos. DP-2014-04, ASA-2014-06, U-2014-04, EXC-
2014-07, and TR-2014-40 shall be applicable to this approval.
3. APPROVED TREE REMOVALS
The following table lists the trees approved for removal as part of this permit as identified in
the arborist report and plan set:
Tree # Species Diameter (in.)
6 Coast Redwood 20
7 Coast Redwood 23
9 Coast Redwood 14
10 Coast Redwood 25
11 Coast Redwood 22
12 Coast Redwood 19
13 Coast Redwood 21
17 Coast Redwood 13
18 Coast Redwood 8
19 Coast Redwood 13
27 Coast Redwood 14
34 Coast Redwood 16
37 Coast Redwood 13
38 Coast Redwood 12
40 Coast Redwood 12
43 Coast Redwood 10
53 Coast Redwood 20
56 Coast Redwood 15
57 Coast Redwood 23
58 Coast Redwood 30
59 Coast Redwood 22
60 Coast Redwood 18
61 Coast Redwood 30
62 Coast Redwood 12
63 Coast Redwood 22
64 Coast Redwood 14
65 Coast Redwood 30
66 Coast Redwood 24
67 Coast Redwood 8
68 Coast Redwood 26
69 Coast Redwood 10
70 Coast Redwood 13
71 Coast Redwood 18
Resolution No.14-206
Pa e 4
Tree # Species Diameter (in.)
72 Coast Redwood 26
73 Coast Redwood 26
74 Coast Redwood 10
75 Coast Redwood 36
76 Coast Redwood 13
77 Coast Redwood 24
78 Coast Redwood 22
79 Coast Redwood 12
80 Coast Redwood 24
81 Coast Redwood 4
82 Coast Redwood 12
83 Coast Redwood 30
84 Coast Redwood 22
85 Coast Redwood 17
86 Coast Redwood 26
87 Coast Redwood 20
88 Coast Redwood 14
89 Coast Redwood 30
90 Cork Oak 13
91 Coast Live Oak 15
92 Coast Live Oak 14
93 Coast Redwood 11
94 Coast Redwood 13
95 Coast Redwood 22
96 Shamel Ash 24
97 Coast Redwood 24
98 ' Coast Redwood 11
99 Coast Redwood 8
100 Coast Redwood 21
101 Coast Redwood 14
102 Coast Redwood 20
103 Honey Locust 13
104 Shamel Ash 17
105 Shamel Ash 11
106 Shamel Ash 13
107 Coast Redwood 22
108 Shamel Ash 23
109 Evergreen Pear . 9
110 Evergreen Pear 8
127 Pin Oak 10
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Tree # Species Diameter(in.)
128 Pin Oak 11
129 Monterey Pine 15
130 Monterey Pine 32
131 Honey Locust 10
132 Honey Locust 7
133 Honey Locust 8
134 Monterey Pine 20
135 Monterey Pine 23
136 Evergreen Pear 11
137 Evergreen Pear 8
138 Evergreen Pear 12
139 Evergreen Pear 7
140 Monterey Pine 16
141 Monterey Pine 19
142 Honey Locust 9
143 Cork Oak 20
144 Cork Oak 5
145 Coast Live Oak 20
146 Coast Live Oak 17
147 Honey Locust 10
148 Honey Locust 8
149 Honey Locust 9
150 Honey Locust 9
4. TREE CONDITION REPORT
Per City Council direction, a tree condition report shall be reviewed and approved by the
Director of Community Development one year after final occupancy of the project. The
City's consulting arborist shall inspect the new and existing trees to ensure proper irrigation,
maintenance, and compliance with the arborist's recommendations. All additional
recommendations resulting from the one-year review shall be implemented by the property
owner.
5. CITY ARBORIST RECOMMENDATIONS
Prior to building_permit issuance, the recommendations prior to construction contained in
the City's Consulting Arborist report shall be implemented in the construction plans as
deemed appropriate by the Director of Community Development. Prior to final occupancy
the City's Consulting Arborist shall.inspect the site to confirm the recommendations have
been carried out as deemed appropriate by the Director of Community Development. A
report ascertaining the good health of the existing trees to remain and the new tree plantings
shall be provided prior to final occupancy.
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6. TREE REPLACEMENTS AND FINAL PLANTING PLAN
MM-BIO 2: 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.
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.
7. IN-LIEU TREE REPLACEMENT FEES
The Director of Community Development has determined that accommodating the 57
remaining required 24-inch box trees on the property would not be feasible and therefore a
tree replacement in-lieu fee would be required. Prior to issuance of building_permits, the
applicant shall pay the in-lieu fees in the amount to procure and install the replacement
trees.
8. 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 rg ading permits. The bond shall
be returned after the required tree replacements have,been planted and verified by the City
Arborist.
9. STREET TREE REMOVAL (TREE 96)
Tree #96 is identified as a street tree on Wolfe Road. MM BI0-3: In order to remove any
public street trees within the Project site, the Project Applicant shall comply with Municipal
Code Chapter 14.12, Trees. The Project Applicant shall pay the required fee, prior to the
issuance of a building permit, per the New Street Tree Cost Schedule, for the purchase,
planting, and maintenance of trees by the City. All Public trees shall be protected against
damage during construction operations. There shall be no storage of materials, tool washout,
or vehicle parking near or upon public trees. This is in accordance with Municipal Code
Section 14.12.120, Condition for Development or Building Permit. All planting costs
associated with a building permit shall be collected by the•Chief Building Inspector, or
his/her designee, for deposit into the City's general fund prior to the issuance of a building
permit. The fees for public tree removal and/or damage to branches and roots shall be as
specified in the Public Tree Damage or Removal Fee Schedule adopted by Council
Resolution. Damage and removal fees shall be deposited into the City's tree fund. This is in
accordance with Municipal Code Section 14.12.130, New Street Tree Costs and Public Tree
Damage or Removal Fee Schedules.
Resolution No.14-206
Page 7
10. 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.
11. 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.
12. 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 21st day of October, 2014,by the following roll call vote:
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AYES: Wong, Sinks, Chang, Mahoney, Santoro
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cupertino