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CC Resolution No. 19-074 approving the Tree removal Permit (TR-2019-11) 20565 Valley Green Dr RESOLUTION N0. 19-074 A RESOLUTIOIV OF THE CUPERTINO CITY COUNCIL APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF 17 TREES TO ALLOW THE DEMOLITION OF AN EXISTING PUBLIC STORAGE FACILITY AND THE COlVSTRUCTION OF A NEW PUBLIC STORAGE FACILITY CONSISTING OF TWO (2) FOUR � (4)-STORY BUILDINGS WITI-I BASEMENTS LOCATED AT 20565 VALLEY GREEN DRI'VE SECTION I: PROTECT DESCRIPTION Application No.: TR-2019-11 Applicant: Andres Friedman Property Owner: Storage Equities, Inc. Locatione 20565 Valle Green Drive APN: 326-10-044 � Y � ) � SECTION II: FINDINGS FOR TREE REMOVAL PERMIT: � WHEREAS, the Planning Cornmission of the City of Cupertino received an � application'for a Development Permit as described in Section I. of this Resolution; and � WHEREAS, the necessary public notices have been given as required by the � Procedural Ordinance of the City of Cupertino, and th.e City Council has held at least one ; public hearing in regard to the application; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq) ("CEQA"), �ogether with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed I'roject and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15332, and the exemption in CEQA Guidelines section 15183, for the reasons set forth in the staff report dated May 28, 2019 and incorpo�ated herein; 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 t�this application: a) That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner typicaliy not experienced by owners of similarly zoned and situated property, and the applicarit has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). i , I � Resolution No. 19-074 ' Page 2 � � The proposed trees are in conflict with the proposed new building and site improvements. The � � demolition of the existing structures and new construction would result in the removal of seventeen (17) trees on site. The species of removal include Coast Redwood, Yucca, and Fern ', Pine. While the trees are not identified as a protected species as defined by Cupertino Municipal Code Chapter 14.18, these trees are protected under the category of "approved development ! tree," �ecause they were planted as part of the originally approved development. Therefore, ', replacement plantings are required for the proposed removal. The required replacements plantings are twenty (20) 24-inch box trees, and the applicant proposes thirty-eight (38) 24- ' inch box trees;more than meeting the requirement. WHEREAS, on June �8, 2019, the City Council held a duly noticed public hearing to receive public testimony on the Project, including the categorical exemption in CEQA Guidelines section 15332 and the exemption in CEQA Guidelines section 15183 arid 'reviewed and considered the information contained in the staff report pertaining to the Project,all other pertinent documents, and all written and oral statements received by the City Council at or prior to the public hearing; and NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the CEQA exemption memorandum, maps, facts, exhibits, testimony and other evidence submitted in this matter,subject to the conditions which are enumerated in this resolution beginning on PAGE 3 thereof, 1. The City Council exe�cises its independent judgrnent and determines that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15332 and the exemption in CEQA Guidelines section 15183. The exemption in CEQA Guidelines section 15332 applies to an infill development project which 1) is consistent with the applicable General Pla� designation and all applicable General Plan policies, as well as the applicable Zoning designations and regulations; 2) occurs within the City limits on a site of less than 5 acres in size that is substantially surrounded by urban uses; 3) is located on a site that has no value for endangered,rare or threatened species;4)would not result in any significant effects related to traffic,noise, air quality or water quality; and 5) can be adequately served by all required utilities and public services. The � exernption in CEQA Guidelines section 15183 applies to a project that is consistent with General Plan designations and zoning for the site described in the General Plan, the potential impacts of which would be substantially mitigated by the imposition of uniformly applied standard conditions of approval. The General Plan Amendment, Housing Element Update, and Associated Rezoning Final Environmental Impact Report(SCH No. 2014032007), certified by the City Council on December 4, 2014,was prepared consistent with the requirements for applicability of streamlining under CEQA Guidelines Section 15183(d)(2), and there are no environmental effects that are Resolution No. 19-074 Page 3 peculiar to the proposed project or project site that were not analyzed in the General Plan EIR; - 2. The application for a Tree Reinoval Permit, Application no. TR-2019-11 is hereby recomrnended to be approved; and The subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no.(s) TR-2019-11 as set forth in the Minutes of the City Council Meeting of June 18, 2019, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval recomrnendation is based on the plan set dated February 4, 2019 consisting of 26 sheets labeled as, "A Redevelopment for Public Storage" labeled as Sheet 1-26, prepared by KSP Studio and BKF,; except as may be amended by conditions in this resolution. 2. ACCURACY OI' PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations,building setbacics,property size, building square footage, any relevant easements and/or constru.ction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval coritained in file nos.DP-2018-03, ASA-2018-04, and EXG 2018-01 are concurrently enacted, and shall be applicable to this approval. 4: ANNOTATION OF THE CONDITIONS OF APPROVAL The coriditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. TREE REPLACEMENTS AND FINAL PLAN'TING PLAN The applicant shall plant replacement trees in aceordance with the replacements requirements of the Protected Tree Ordinance. The trees shall be planted�rior to final occu�ancv of site�ermits. The final planting plan shall be reviewed and approved by the Director of Community Development with consultation by the City's consulting arborist�rior to issuance of Resolution No.19-074 Page 4 building perrnits. The Director of Community Developrnent shall have the discretion to require additional tree replacernents as deemed necessary. The City's consulting arborist shall confirm that the replacement trees were planted properly and according to plan�rior to final occu�ancy. I, 6. TREE PROTECTION j In accordance with the project aborist recommendations, prior to building permit ! � issuance the Applicant shall complete the following: i, a. All tree maintenance and care shall be performed by a qualified arborist with a C- j 61/D-49 Califronia Contractors License; b. Place tree numbers and any protection schemes on all plans; c. Place tree protection fencing for an existing trees to remain; � d. Place tree protection fencing along the row of fern pines and corlc oal<s near the adjacent site once the building is demolished; , e. Include a Tree Preservation Plan into the plan set; f. Provide a copy of the arborist report to all contractors and project rnanagers, g. Pre-construciton mee�ing with the project arborist and/or landscape architect to verify required tree protection is in place; and, h. Arrange for the project arborist to monitor and document intial demolition and garding activity. In addition to the above, the applicant sha11: a. For trees to be re�ained, chain linl< fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. b. No parl<ing or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. � c. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City's consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree. d. Wood chip rnulch shall be evenly spread inside the tree projection fence to a four- inch depth. e. Tree protection conditions shall be posted on the tree protection barriers. f. Retained trees shall be watered to maintain them in good health. g. Any willful action by the applicant, contractor and/or subcontractors that causes damage to the retained trees, without proper review by the City to allow additional tree removals, shall cause the applicant to be non-compliant with the City's Municipal Code and could require payment of the Retroactive Tree Removal penalties and fees pursuant to the most recently adopted fee schedule. h. A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. Resolution No.19-074 Page 5 ' The tree protection measures shall be inspected and approved by the City's consulting arborist �rior to issuance of building permits. The City's consulting arborist shall inspect the trees to be retained and shall provide reviews prior to issuance of demolition, grading or building permits. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 5. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the axnount of$30,000 to ensure protection of ten (10) trees on the site prior to issuance of grading, demolition or building permits. The bond shall.be returned after completion of construction,subject to a letter from the City arborist indicating that the trees are in good condition. 6. TREE REPLACEMENT The applicant shall provide adequate tree replacements for trees proposed to be removed in conjunction with the proposed project. The number, location and type of trees shall be incorporated into the detailed landscape plan to be reviewed and approved by the Director of Community Development prior to issuance of building permits. 7. 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 � rnisrepresentation 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 par.ty against the indemnified parties and the applicant to attack, set aside, or void this Resolution 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 applicant and City shall use best efforts to select mutually agreeable legal counsel to defend such action, and the applicant shall pay all compensation for such legal counsel,following the applicant's receipt of invoices froxn City, together with reasonable supporting documentation. Such compensation shall include reasonable cornpensation paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City.If the applicant and the City cannot in good faith agree on joint counsel, the City i Resolution No.19-074 ' Page 6 i shall have the right to retain counsel of its own choosing, separate from the applicant's � � litigation counseL 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 at a regular meeting of the City Council of the City of Cupertino this 18th day of June, 2019,by the following vo�e: Vote Members of the Cit�Council AYES: Scharf, Chao, Paul,Sinl<s, Willey NOES: None ABSENT: None ABSTAIN: None SIGNED: �, ��� �� �� �.,� . Steven Scharf, Mayor Date Ci of Cu ertino ATTEST: ��� �f � �,�'--_ � � . Grace Schmidt, City Cle�l< Date