Reso 006 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 06
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
TO ALLOW THE REMOVAL AND REPLACEMENT OF FOUR TREES IN THE
PARKING LOT OF AN EXISTING DRIVE-THRU RESTAURANT IN CONJUNCTION
WITH SITE IMPROVEMENTS TO FACILITATE AN EXPANSION AT 10990 NORTH
STELLING BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2012-24
Applicant: Hala Ibrahim (McDonald's USA, LLC)
Location: 10990 North Stelling Road (APN #362-08-051)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application to
allow a Tree Removal Permit to allow the removal and replacement of four trees in the parking lot of an
existing drive-thru restaurant in conjunction with site improvements to facilitate an expansion.
WHEREAS, the Administrative Hearing Officer finds:
1) That the hees 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;
2) 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 trees.
3) That the protected tree(s) are a detriment to the subject property and cannot be adequately supported
according to good urban forestry practices due to the overplanting or overcrowding of trees on the
subject property.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Application No. TR-2012-24, 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 TR-2012-24 as set forth in the Minutes
of the Administrative Hearing Meeting of August 9, 2012, and are incorporated by reference herein.
Resolution No. 06 TR-2012-24 August 9,2012
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the arborist report entitled, "An Evaluation of the Existing Trees Located in the
Proposed Construction Area at McDonald's Restaurant, 10990 North Stelling Road, Cupertino,
California," dated July 19, 2012 by Michael L. Bench, Consulting Arborist, and except as may be
amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2012-03 and ASA-2012-08 shall be applicable to
this approval.
3. RE UIRED TREE REPLACEMENTS
The applicant shall be responsible for the following tree replacements, in accordance with the City's
Protected Trees Ordinance:
Removed Tree Re uired re lacements
6" Chinese Pistache Tree 1) One 24" box tree
Multi-trunk Euro ean Olive Tree 4 One 36" box tree
Multi-trunk Euro ean Olive Tree 5 Two 24" box trees or one 36" box tree
8" Chinese Pistache Tree 6) One 24" box tree
The final planting plan shall be reviewed and approved by the Director of Community Development
and the Director of Public Works prior to issuance of building permits. The required replacement
trees shall be planted prior to final occupancy of the project associated with file nos. DP-2012-03,
ASA-2012-08 and any other subsequent planning permits.
The Director of Community Development shall have the discretion to require additional tree
replacements as deemed necessary.
4. RELOCATION OF TREES
An ISA-certified arborist shall recommend measures to ensure the survival to the maximum extent
possible of the existing trees to be relocated elsewhere onsite. These recommendations shall be
provided prior to issuance of building/demolition permits. A report ascertaining the health of the
trees mentioned above after relocation shall be provided prior to final occupancy.
In the event that the relocation any trees is not feasible or if any trees die, tree removal permits with
the City shall be required.
5. TREE PROTECTION
Prior to building permit issuance, the tree protection measures contained in the City's Protected Tree
Ordinance and Michael Bench's arborist report dated July 19, 2012 shall be implemented as deemed
appropriate by the Director of Community Development for the trees to be retained. An ISA-certified
arborist shall verify that the tree protection measures are in place prior to construction/demolition.
The tree protection measures shall be placed in the construction plan set and posted on tree
protection fences. A report ascertaining the good health of the trees mentioned above shall be
provided prior to issuance of final occupancy.
Resolution No. 06 TR-2012-24 August 9,2012
Page 3
6. TREE REPLACEMENT DEPOSIT
The applicant shall provide a tree replacement bond or deposit in an amount determined by the City
Arborist prior to removals and issuance of demolition and grading permits. The deposit shall be
returned after the required tree replacements have been planted and verified by the City Arborist.
7. 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 day of August 9, 2012 at a Regular Meeting of the Administrative Hearing
Meeting of the City of Cupertino, State of California,by the following roll call vote:
AYES: HEARING OFFICER: Shrivastava
NOES: HEARING OFFICER: none
ABSENT: HEARING OFFICER: none
ATTEST: APPROVED:
,
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George Schroeder Aarti Shrivastava
Assistant Planner Community Development Director