Reso 6139 TR-2002-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6139
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO TRIM MORE THAN 25% OF THE CANOPY OF TWO COAST LIVE
OAK TREES AND PLANT TWO 36-INCH COAST LIVE OAK TREES ON THE
PROPERTY.
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2002-04
Applicant: Shabbir Nomanbhoy
Location: 10255 Mt. Crest Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove two Coast Live Oaks tree and replace them with other trees, as described in
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support partial
removal of the two trees and has satisfied the following requirements:
1) The trimming of more than 25% of the tree canopy meets the Municipal Code
definition of removal.
2) The proposed mitigation is sufficient to offset the trimming of more than 25% of the
tree canopies.
WHEREAS, the applicant has not met the burden of proof required to support complete
removal of the two trees and has not satisfied the following requirements:
3) The oak trees do not appear to be in poor health and unsuitable for retention.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application for Tree Removal is hereby approved; and
Resolution No. 6139 TR-2002-04 07/ 08/ 02
Page 2
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-2002-04, as set forth in the Minutes of the Planning Commission
Meeting of July 8, 2002 are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
Trimming of more than 25% of the canopy of two Coast Live Oak trees, noted as
Tree A and B on the marked up site plan entitled Driveway Location Plan 11254
Mount Crest Place by Giuliani & Kull, Inc. dated November 19, 2001, is hereby
approved. Two Coast Live Oak, 36-inch box trees shall be planted as replacements,
noted as Trees D and E on the marked up site plan.
2. RETENTION OF TRIMMED TREES
The remaining sections of the two Coast Live Oak trees, noted as Tree A and B on
the marked up site plan entitled Driveway Location Plan 11254 Mount Crest Place
by Giuliani & Kull, Inc. dated November 19, 2001, shall be retained.
3. CERTIFICATION
The installation of the replacement trees shall be supervised by an International
Certified Arborist. The arborist shall provide documentation to the owner of the
subject site that describes the maintenance of these trees. The arborist shall provide
a letter to the Community Development Department certifying that the trees have
been planted as shown on the plan set and that the instructional materials have been
submitted to the owner.
4. COVENANT TO RETAIN TREES
The property owner shall record a covenant on this property requiring the retention
of the trimmed oaks and the replacement trees. The precise language will be subject
to approval by the Director of Community Development. Proof of recordation must
be submitted to the Community Development Department.
5. FUTURE REMOVAL OF TREES
The property owner may request approval for the complete removal of Trees A and
B by providing evidence of the trees failing health or high likeiihood for limb/trunk
failure to the satisfaction of the Director of Community Development. The
applicant shall provide a$1,795 bond to the Community Development Department,
to be made available to the property owner to remove Trees A and B. If this bond is
not used within two years of this approval, the bond will be returned to the
applicant and this condition will be void.
Resolution No. 6139 TR-2002-04 07/ 08/ 02
Page 3
PASSED AND ADOI'TED this 8� day of July 2002, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
,
AYES: COMMISSIONERS: Wong, Saadati, Chen and Chairperson Auerbach
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Corr
ATTES : APPROVED•
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Steve Piasecki arc Auerbach, Chairperson
Director of Community Development Cupertino Planning Commission
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