Loading...
CC Resolution No. 14-152 Approving a tree removal permit for Main Street RESOLUTION :PTO. 14-152 A RESOLUTION OF THE CITY COUNQ-IL OF THE CITY OF CUPERTINO APPROVING OF THE CITY COUNCIL, OF THE CITY OF CUPERTINO APPROVING A TREE REMOVAL PERMIT FOR THE REMOVAL AND REPLACEMENT OF 24 PRIVATE TREES Oli]E OF STEVENS CREEK BOULEVARD AND N. TANTAU AVENUE FOR THE MAIN STREET CUPERTINO PROJECT, LOCATED NORTH OF STEVENS CREED:BOULEVARD ON BOTH SIDES OF FINCH AVENUE, WEST OF N. TANTAU AVENUE AND SOUTH OF VALLCO PARKWAY SECTION I: PROTECT DESCRIPTION Application No.: TR-2014-17 Applicant: Kevin Dare Property Owner: Main Street Cupertino Aggregator, LLC Location: North side of Stevens Creek Boulevard on both sides of Finch Avenue, west of N.Tantau Avenue zmd south of Vallco Parkway (APN 316-20-078,316-20-079, and 316-20-085) SECTION Il: FINDINGS FOR A TREE REMO'VAL PERMIT: WHEREAS, the City Council of the City of Cupertino received an application a Tree Removal Permit as described in Section I. of this Resolution; and WHEREAS, the City Council has previously certified an Environmental Impact Report (FEIR) for the Main Street Cupertino project (SCH#2008082058) that evaluated the environmental effects of the development of th.e subject site, including the removal and replacement of the project trees; 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 ,vNdth regard to this application: f Resolution No. 14-152 Page 2 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 Applicant's project landscape architect and civil engineer (confirmed by the City Arborist) have determined that the trees proposed for removal are all in poor condition and/or are in conflict with the proposed utilities and public improvement infrastructures that 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). The Applicant's project landscape architect and civil engineer (confirmed by the City Arborist) have determined that the trees proposed for removal are all in poor condition and/or in conflict with the necessary utilities and site/public improvements, and there are no reasonable alternatives to preserve or relocate. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the 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,: The Tree Removal Permit, Application no. TR-2014-17 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-2014-17 as set forth in the Minutes of the 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. 1. APPROVED EXHIBITS Approval is based on the Project Plans consisting of fourteen (14) sheets labeled L8-0 - L8.5 & L8.5a, L8.6a - L8.6c, L8.7, L8.7a - L8.7c (stamped received April 30, 2014), and Project arborist letter prepared by Gary D. Laymon, California Registered f I r Resolution No. 14-152 Page 3 Landscape Architect #2397, dated April 30, 2014, except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITION'S All previous conditions of approval from Fesolution Nos. 12-054, 12-055, 12-055, 12- 098(M), and 14-122 shall remain in effect -unless superseded by or in conflict with subsequent conditions of approval, includiing the conditions contained herein in this resolution. 3. TREES APPROVED FOR REMOVAL. A total of twenty-four private/onsite trees identified as Tree Tag No(s). 1-5, 11, 70-73, 75-78, 81, and 84-91 pursuant to the Arhorist Report dated April 11, 2014 and prepared by David Babby, City Consulting Arborist. 4. PRIVATE/ONSITE TREE REPLACEMENT;3' AND PLANTING PLAN The applicant shall plant 24-inch box replacement Americana Ash & Flowering Pear trees along the project frontages (N. Tantau, Vallco Parkway, & Stevens Creek Boulevard) in accordance with Sheet L-8.0 and Sheets L-8.1/L-8.2 of the project plans. The trees shall be planted prior to fii:lal occupancy of site permits. The final planting plan shall be reviewed and approved by the Director of Community Development prior to issuance of building permits and shall incorporate the following conditions to trees being replaced along the project frontage: • Remove all use of root barriers as they occur throughout the project plans. Alternative root barrier bio-fabric may be considered. • Implement Silva Cells and/or CU-Structural Soil to promote proper root establishment. Structural Soil, shalt be installed as to provide a minimum depth of 24-inches and 200 cubic feet of soil for all frontage trees. • Finalize the design of the street tree planters (Sheet L-8.7b (3)), which could include but not be limited to tree grates, pervious pavers, and/or landscaping planting areas. • Provide additional landscaping (not limited to above ground planters, planter pots, and/or planter beds) in front of Office 2, Shop 4, and Shop 6. • The applicant shall provide an updated hardscape plan showing scoring and/or decorative pavement details as they occur along the project frontage. Furthermore, demonstrate how the decorative banding on the Stevens Creek Blvd. frontage ties into the revised tree replacement and landscape design. Resolution No. 14-152 Page 4 • All irrigation is to be supplied through valves and automatic timers separate from that of shrubs, plants and groundcover, and supplied by two bubblers placed and staked on the surface of the root ball edges. Additionally, an eight-inch tall circular berm formed by soil should be formed around the perimeter of the rootball (for water from the bubblers to flood). A two to three inch layer of wood-chip mulch should be spread on top and 12 inches beyond the root ball (but not piled against the trunks). • Trees shall be selected and tagged at the nursery by an ISA certified arborist and/or.the landscape architect prior to being shipped to the site. Selected trees should have relatively symmetrical structures mostly free of obvious defects, wounds and girdling roots. Additionally, the arborist and/or landscape architect should be retained to examine and root prune, as needed, once the boxes are removed and before being installed. • To the maximum extent possible, all new trees shall be setback four to five feet from any utility with at least a three to four feet deep clearance from the top of the rootball. In the event less room is available, the applicant shall work with staff to develop alternative planting/mitigation measures. • All new trees should be installed, including necessary irrigation; by an experienced state-licensed landscape contractor or a professional tree service company., and performed to professional industry standards. • Trees are to be double-staked (no cross-brace) with rubber tree ties or equivalent, and the support stakes cut below the first main lateral branch. • Peculation tests should be performed for each planting pit to ensure drainage is achieved. The Director of Community Development may review and approve further refinements to the tree removal, associated hardscape, mitigation measures and planting plan as necessary. The City Arborist shall confirm that the replacement trees were planted properly and according to plan prior to final occupancy. 5. PUBLIC TREE REMOVAL MITIGATION FEES The applicant shall pay one-half (50%) of the mitigation fees (up to $75,000) as calculated by a tree appraisal methodology similar to the City's Tree Removal. Fee Schedule to mitigate the pertinent public trees removed. The final mitigation fee amount shall be assessed by the Director of Public Works based on factors including, but not limited, to the number, size, species and condition of the trees and the fee shall be collected prior to the removal of any public trees and/or encroachment permit issuance. Resolution No. 14-152 Page 5 6. REPLACEMENT PLANTING SCHEDULE The applicant shall work with staff to minimize the time between tree removal and replanting. Prior to removal of any trees a detailed replacement planting schedule shall be reviewed and approved by the Director of Community Development. 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 misrepresentation of any submitted data. may invalidate an approval by the Community Development Department. 8. 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. 9. 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. Resolution No. 14-152 Page 6 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, Santoro, NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: Grace Schmidt Gilbert Wong, Mayor City Clerk City of Cupertino