PC RESOLUTION NO. 2025-13 (TR-2024-024)CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.2025-13
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT
TO REMOVE AND REPLACE FORTY-FIVE (45) DEVELOPMENT TREES
TO ACCOMMODATE A PROPOSED RESIDENTIAL DEVELOPMENT
WITH 59 TOWNHOME STYLE CONDOMINIUM UNITS
LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK BLVD
(APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
The Planning Commission recommends that the City Council approve the Vesting
Tentative Map, in substantially similar form to the Draft Resolution attached hereto as
Exhibit TM:
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 10th day of June 2025, by the following roll call vote:
AYES: COMMISSIONERS: Rao, Kosolcharoen, Scharf, Fung, Lindskog
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Piu Ghosh
Planning Manager
APPR E:
Santosh
ftcy—
Chair, Planning Commission
EXHIBIT TR
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A TREE REMOVAL PERMIT TO REMOVE
AND REPLACE FORTY-FIVE (45) DEVELOPMENT TREES
TO ACCOMMODATE A PROPOSED RESIDENTIAL DEVELOPMENT
WITH 59 TOWNHOME STYLE CONDOMINIUM UNITS
LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK BLVD
(APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2024-024
Applicant: SummerHill Homes, LLC
Property Owner: Byer Properties, LP
Location: 20770, 20830, and 20840 Stevens Creek Blvd
(APNs: 359-08-025, -026, -027, and-028 (partial))
SECTION II: FINDINGS FOR A TENTATIVE MAP:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tree Removal Permit as described in Section I of this resolution; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines;
and
WHEREAS, on June 10, 2025 the Planning Commission recommended on a X-X vote that
the City Council approve the Development Permit (DP-2024-002) in substantially similar
form to the Resolution presented (Resolution No. XXXX), approve the Architectural and
Use Permit (U-2024-007) in substantially similar form to the Resolution presented
(Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-
005) in substantially similar form to the Resolution presented (Resolution No. XXXX),
approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the
Resolution presented (Resolution No. XXXX), and approve the Tree Removal Permit (TR-
2024-024) in substantially similar form to the Resolution presented (Resolution No.
XXXX); and
WHEREAS, all necessary public notices having been given as required by the City of
Cupertino Municipal Code and the Government Code, and the Planning Commission
held at least one public hearing in regard to this application; and
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WHEREAS, on June 10, 2025, the Planning Commission held a duly noticed public
hearing to receive staff's presentation and public testimony, and to consider the
information contained in the Infill Exemption Memorandum along with all staff reports,
other pertinent documents, and all written and oral statements received prior to and at
the public hearing; and
WHEREAS, the City Council of the City of Cupertino is the decision -making body for
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application
for a Tree Removal Permit; and
WHEREAS, the City Council finds as follows with regard to 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 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).
To accommodate for the new development's structures, walkways and internal street network
to public open spaces, the existing trees cannot be preserved in their locations. The applicant
proposes replacement trees throughout the site in conformance with the Municipal Code
Ordinance requirements and proposes to locate the replacement trees where tree coverage is
needed, while preserving virtually all the trees that are not within the development area of
the project site.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of 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 herein, and subject to the conditions contained in all
other Resolutions approved for this Project
The application for a Tree Removal Permit, Application No. TR-2024-024, is hereby
approved, and that the sub -conclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record concerning
Application no. TR-2024-024 as set forth in the Minutes of the City Council Meeting of
July XX, 2025 Meeting, and are incorporated by reference as though fully set forth herein.
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "20840 Stevens Creek Boulevard" dated
March 25, 2025 consisting of 124 sheets labeled as, A00— A24, C1.0 — C7.0, L1.1 —
L10.1, INT1-INT4, PrSL1, PrSL2, PS-1, and TM-1, drawn by SDG Architects Inc.,
R3 Studios, Giacalone Design Services, Inc., Associated Lighting Representatives,
Inc., and Carlson, Barbee & Gibson, Inc., except as may be amended by conditions
in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible for verifying all pertinent property
data including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or
construction records. Any misrepresentation of any property data may invalidate
this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2024-002, TM-2024-001, ASA-
2024-005, and TR-2024-024 shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
5. TREE RETENTION
In accordance with the approved, peer -reviewed arborist report for this project,
the applicant must protect in -place and retain the Chinese elms #341— 344, Callery
pear #316, London plane #317, valley oak #318 and coast live oak #345.
6. TREE REPLACEMENT SIZE
The applicant shall provide adequate tree replacements for trees proposed to be
removed in conformance with the replacement guidelines per Cupertino
Municipal Code Section 14.18.160. The size of the proposed replacement trees shall
be modified as follows to be consistent with the City's Protected Tree Ordinance
unless deemed infeasible by the City's Consulting Arborist:
a. Diameter of trunk size of removed tree up to 12 inches shall be replaced
with one 24-inch box tree;
b. Over 12 inches and up to 36 inches shall be replaced by two 24-inch box tree
or one 36-inch box tree; and
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c. Over 36 inches shall be replaced with one 36-inch box tree.
If it is determined that it is physically not feasible to plant the required
replacement trees, the Applicant may pay in -lieu fees determined to be
appropriate by the Community Development Director.
7. ARBORIST REVIEW
Prior to building permit issuance, the number, location and species of trees shall
be reviewed and approved by the City in consultation with the City's Consulting
Arborist, at the applicant's cost.
The replacement trees shall be planted prior to building permit approval . The
Applicant shall provide the Department of Community Development adequate
documentation, including, but not limited to, photographs, receipts or invoices, to
verify that replacement trees have been planted. The City's consulting arborist
shall inspect the trees after planting and a report ascertaining the good health of
the trees mentioned above shall be provided prior to issuance of final occupancy
for any of the residential units.
8. TREE PROTECTION
a. As part of the demolition or building permit drawings, a tree protection plan
shall be prepared by a certified arborist for the trees to be retained. In addition,
the following measures shall be added, at a minimum, to the protection plan:
• For trees to be retained, chain link fencing and other root protection shall
be installed around the dripline of the tree prior to any project site work.
• No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
• 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.
• Wood chip mulch shall be evenly spread inside the tree projection fence to
a four -inch depth.
• Tree protection conditions shall be posted on the required tree protection
barriers.
• Retained trees shall be watered to maintain them in good health.
• A covenant on the property shall be recorded that identifies all the
protected trees, prior to final occupancy.
b. The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits.
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c. The City's consulting arborist, retained at the applicant's expense, shall inspect
the trees to be retained and the tree protection measures, and shall provide
reviews prior to issuance of demolition, grading or building permits.
d. A report ascertaining the good health of the trees mentioned above shall be
provided by the applicant's arborist, to be peer reviewed by the City's
Consulting Arborist, prior to issuance of final occupancy.
9. PROTECTED TREES
The applicant and future property owners understand that the replacement trees
and all other trees approved with this development may not be removed without
the prior approval by the Community Development Department of a Tree
Removal Permit and that they shall be responsible for ensuring the proper
maintenance and care of the trees. The applicant shall also disclose the location
and species of all replacement and development trees on site upon sale of the
property.
10. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the "indemnified parties") from and against any liability, claim,
action, cause of action, suit, damages, judgment, lien, levy, or proceeding
(collectively referred to as "proceeding") brought by a third party against one or
more of the indemnified parties or one or more of the indemnified parties and the
applicant related to any Ordinance, Resolution, or action approving the project,
the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for the project. The
indemnification shall include but not be limited to damages, fees, and costs
awarded against the City, if any, and cost of suit, attorneys' fees, and other costs,
liabilities, and expenses incurred in connection with such proceeding whether
incurred by the Applicant, the City, or the parties initiating or bringing such
proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees
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and costs shall include amounts paid to the City's outside counsel 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. The
applicant shall likewise agree to indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys' fees, or costs
awards, including attorneys' fees awarded under Code of Civil Procedure section
1021.5, assessed or awarded against the indemnified parties. The Applicant shall
cooperate with the City to enter a Reimbursement Agreement to govern any such
reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental
review, if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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 Xth day of July, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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SIGNED:
Liang-Fang Chao, Mayor
Date
City of Cupertino
ATTEST:
Date
Kirsten Squarcia, City Clerk