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CC Resolution No. 14-207 approving a tree removal permit to allow the removal and replacement of 19 trees to facilitate the off-site improvements associated with the construction of a new hotel at 10150 N. Wolfe Rd RESOLUTION NO. 14-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF 19 TREES TO FACILITATE THE OFF-SITE IMPROVEMENTS ASSOCIATED WITH THE CONSTRUCTION OF A NEW HOTEL LOCATED AT 10150 NORTH WOLFE ROAD SECTION I: PROTECT DESCRIPTION Application No.: TR-2014-40 Applicant: Edward Chan Property Owner: JC Penney Properties Location: 10150 North Wolfe Road (APN 316-20-094) SECTION IL 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 m WHEREAS, the applicant 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; U The majority (15 of 19) of trees on the JC,Penney site are found by the City's Consulting Arborist to be in extremely poor to irrecoverable health condition due to weak structures, poor canopies, andlor lack of water. The remaining four trees are proposed for removal to facilitate frontage improvments associated with the hotel project at 10380 Perimeter Road. New street trees will be planted in their place. Resolution No.14-207 Page 2 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-2014-40 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-2014-40 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-3.0 to A-3.8, A-4.0, A-4.0a, A-4.1, A-4.1a, 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'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 The conditions of approval contained in file nos. DP-2014-04, ASA-2014-06, U-2014-04, EXC- 2014-07, and TR-2014-28 shall be applicable to this approval. 3. APPROVED TREE REMOVALS Resolution No.14-207 Page 3 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.) 1 Coast Redwood 13 2 Coast Redwood 17 4 Coast Redwood 20 111 Shamel Ash 18 112 Shamel Ash 19 113 Shamel Ash 10 114 Shamel Ash 14 115 Shamel Ash 6 116 Shamel Ash 13 117 Shamel Ash 5 118 Shamel Ash 11 119 Shamel Ash 10 120 Shamel Ash 8 121 Shamel Ash 7- 122 Shamel Ash 13 123 Shamel Ash 9 124 Shamel Ash 19 125 Shamel Ash 16 126 Shamel Ash 7 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. 3. 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. I Resolution No.14-207 Page 4 4. 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. 5. 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 grading_permits. The bond shall be returned after the required tree replacements have been planted and verified by the City Arborist. 6. 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. 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 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. 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. Resolution No.14-207 Page 5 PASSED AND ADOPTED at a regular meeting of the City Council this 21st day of October, 2014,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 ,