Reso 6232 TR-2003-09
CITY OF CUPERTINO
10300 Torre Avenue
(
Cupertino, California 95014
RESOLUTION NO. 6232
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE MORE THAN 25% OF A SPECIMEN COAST LIVE OAK
TREE AT 22762 ALCALDE ROAD.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
I for tree removal, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has removed more than 25 % of a specimen size coast live oak
tree without benefit of a city permit, but the applicant has applied for one retroactively;
and
WHEREAS, an evaluation of the tree has been completed by the City's Arborist who has
made written recommendations to protect the health of the tree, rather than,
recommending removal.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application TR-2003-09 is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; 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-2003-09, as set forth in the Minutes of the Planning Commission
Meeting of February 9, 2004 are incorporated by reference though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: TR-2003-09
Applicant: Joe Byrne
Property Owner: Joe Byrne
Location: 22762 Alcalde Road
Resolution No. 6232 TR-2003-09 2/ 09/ 04
Page 2
� SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1.) APPROVED EXHIBITS:
The recommendation of approval is based on Exhibit A and Exhibit B titled: "An
Inspection of a Coast Live Oak Tree at the Byrne Property/22762 Alcalde
Road/Cupertino by Barrie D. Coate, ASCA/Consulting Arborist/September 11,
E 2003," except as may be amended by the Conditions contained in this Resolution.
� 2.) OAK TREE PROTECTION MEASURES
The applicant shall implement the oak tree protection recommendations detailed in
the Barrie D. Coate & Associates report dated 9/ 11 / 03 and are summarized below:
a) This winter (year 2004) have a certified arborist reduce the length and
weight of the longest limbs on the west and south sides of the tree canopy
by about 10 to 15%. The only pruning recommended is drop-crotch
pruning of the ends of the longest limbs per Western Chapter
International Society of Arboriculture (WCISA) Pruning Specifications
b) In Apri12004, spray all of the large wood in the tree with Astro systemic
insecticide to prevent oak bark beetle.
c) In Winter 2005 have a certified arborist remove an additional 10% of the
branch end mass from the west and south sides of the tree per WCISA
Pruning Specifications, and remove watersprout growth from the interior
of the tree canopy.
�
For each phase of the work, the contractor hired to perform the work shall submit a
letter to the Cupertino Community Development Department indicating when the
I I specific task was completed.
3.) 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.
G:\Planning\PDREPORT\RES\TR-2003-09 res.doc
Resolution No. 6232 TR-2003-09 2/ 09/ 04
Page 3
PASSED AND ADOPTED this 9� day of February 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
YES: COMMISSIONERS: Chen; Giefer; Miller; Vice-Chair Wong and
Chairperson Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES • APPRO ED:
i
,
. ,
Steve Piaseck T Saadati, Chairperson
Director of Community Development upertino Planning Commission
G:\Planning\PDREPORT\RES\TR-2003-09 res.doc