PC Reso 6874 - TR-2019-11 reso.doc
TR-2019-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6874
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF 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
CONSTRUCTION OF A NEW PUBLIC STORAGE FACILITY CONSISTING
OF TWO (2) FOUR (4)-STORY BUILDINGS WITH BASEMENTS LOCATED
AT 20565 VALLEY GREEN DRIVE
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2019-11
Applicant: Andres Friedman
Property Owner: Storage Equities, Inc.
Location: 20565 Valley Green Drive (APN: 326-10-044)
SECTION II: FINDINGS FOR TREE REMOVAL PERMIT:
WHEREAS, the Planning Commission 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 the Planning Commission 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”), together 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
Project 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 incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
Resolution No. 6874 TR-2019-11 May 28, 2019
WHEREAS, the Planning Commission 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 typically not 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 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,” because 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 May 28, 2019, the Planning Commission 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
and 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 Planning Commission 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 Planning Commission exercises its independent judgment 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 Plan 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 exemption in CEQA Guidelines section
15183 applies to a project that is consistent with General Plan designations and
Resolution No. 6874 TR-2019-11 May 28, 2019
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 peculiar to the proposed
project or project site that were not analyzed in the General Plan EIR;
2. The application for a Tree Removal Permit, Application no. TR-2019-11 is hereby
recommended 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 Planning Commission Meeting of May 28,
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 recommendation 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 OF PROJECT PLANS
The applicant/property owner is responsible to verify 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-2018-03, ASA-2018-04, and
EXC-2018-01 are concurrently enacted, and 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.
Resolution No. 6874 TR-2019-11 May 28, 2019
5. TREE REPLACEMENTS AND FINAL PLANTING PLAN
The applicant shall plant replacement trees in accordance with the replacements
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’s consulting 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’s consulting arborist shall confirm that the replacement trees were planted
properly and according to plan prior to final occupancy.
6. TREE PROTECTION
In accordance with the project aborist recommendations, prior to building permit
issuance the Applicant shall complete the following:
a. All tree maintenance and care shall be performed by a qualified arborist with a C-
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 cork oaks 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 managers;
g. Pre-construciton meeting 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 shall:
a. 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.
b. No parking 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 mulch 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.
Resolution No. 6874 TR-2019-11 May 28, 2019
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.
The tree protection measures shall be inspected and approved by the City’s
consulting arborist prior 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 amount 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
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 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
Resolution No. 6874 TR-2019-11 May 28, 2019
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
from City, together with reasonable supporting documentation. Such compensation
shall include reasonable compensation 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 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.
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PASSED AND ADOPTED this 28 day of May 2019, at the Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Vice Chair Saxena, Moore, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chair Wang
ATTEST: APPROVED:
/s/Benjamin Fu /s/Vikram Saxena
Benjamin Fu Vikram Saxena
Acting Dir. of Community Development Vice Chair, Planning Commission