Reso 6303 TR-2005-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6303
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE OVER 25 % OF THE CANOPY OF A 27-INCH DIAMETER
COAST LIVE OAK TREE AT 21535 AND 21545 ADDINGTON COURT
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2005-02
Applicant: Joe Roan, Norman Yeung
Location: 21535/21545 Addington Court
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a retroactive
application to remove more than 25% of the canopy of a Coast Live Oak tree, as
described in this Resolution; and
WHEREAS, the applicant has already removed more than 25% of the canopy of the oak;
and
WHEREAS, corrective tree work, as determined by the City Arborist, must be
accomplished to prevent further damage to the specimen size oak.
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
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-2005-02, as set forth in the Minutes of the Planning Commission
Meeting of June 15, 2005 are incorporated by reference herein.
Resolution No. 6303 TR-2005-02 06/ 15/ 05
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
The year 2004 removal of large and smaller limbs, branch ends and overall thinning
of the canopy constituting over 25% of the canopy of the 27-inch diameter Coast
Live Oak Tree in the front yard between 21535 and 21545 Addington Court is hereby
authorized.
2. CORRECTIVE TREE WORK TO PREVENT LONG TERM PROBLEMS
The applicant shall engage an International Society of Arboriculture (ISA)-certified
arborist to execute additional tree work recommendations #1, #3 and #4 specified in
a report titled: "An Assessment of the Tree Pruning at 21535/ 21545 Addington
� Court, Cupertino" prepared by Barrie D. Coate, ASCA, Consulting Arborist, dated
February 14, 2005. Upon completion of the work, the arborist shall submit a letter to
the Community Development Director summarizing the work accomplished.
Recommendation #2 in the same report-- the removal of the California Date Palm
nearest the subject Coast Live Oak — may be done by any tree removal contractor
hired by the applicant(s).
3. 3-YEAR PRUNING PROHIBITION
Except for the tree work listed in Condition #2 and an emergency safety situation,
all pruning of the oak shall be prohibited for a period of three (3) years effective the
date of this tree removal approval.
4. 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. 6303 TR-2005-02 06/15/05
Page 3
PASSED AND ADOPTED this 15th day of June 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Giefer, Vice-Chair Miller, Saadati and Chairperson
Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chen
ATTES : APPROVED:
..
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Steve Piasecki Gilbert Wong, Chairperso
Director of Community Development Cupertino Planning Commission