Reso 4429 20-U-86 (Mod�ed)
CITY OF CUPERTINO
, 10300 Tone Avenue
Cupertino, California 95014
RESOLUTION NO. 4429
OF TI� PLANNING CONIlvIISSION OF THE CITY OF CUPERTINO
RECOMNiENDING APPROVAL OF A USE PERNIlT MODIFICATION
TO A LANDSCAPING PLAN
SECTION I: FINDINGS
1
WHEREAS, the Planning Commission of the City of Cupertino received an applicaUon for a Use Permit, as
� described on Page 2 of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
1) Because Condition No. 4 of City Council Action letter of March 6, 1991, required the re-
` plandng of Oak trees with an 8" caliper trunk diameter and because 6" caliper trunk diameter
� trees were planted a significant difference in canopy coverage was replaced. Additionally,
because these trees were planted in the incorrect locaUon, an adverse visual impact to adjoining
residential properties to the back of the center was created.
2) Due to the safety concerns of pedestrians and vehicles the limb from tree No. 55 and tree No. 70 is
approved from removal as outlined in the C.C.S reports of August 17 and 24, 1992.
( 3) Significant concern for all onsite specimen trees was eapressed in 1991, as a result of the Use Permit
mod�cation approved under City Council Action letter of March 6, 1991. As a result a tree
� management plan was approved for implementation. The Management plan had not been implemented
until identified by staff June 1992.
' NOW, THEREFORE, BE IT RESOLVED:
` That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter,
� the application for Use Pernut is hereby recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
� 'n ' Resolution are based and
That the sub conclusions upon wluch the findmgs and condiUons specified i tlus
contained in the Public Hearing record concerming Application 20-U-86 (Mod�ed) as set forth in the Minutes of
the Planning Commission Meeting of October 12, 1992, and are incorporated by reference as though fully set
forth herein.
SECTION II: PROJECT DESCRIPTION
1
Application No(s): 20-U-86
� Applicant: JMB Properties
� Property Owner: Pacific Acquisition Corporation
� Property Location: 21269 Stevens Creek Boulevard
Resolution No. 4429 (20-U-86 (Modified) October 12, 1992
� Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE CO1NIIvIUNITY DEVELOPMENT DEPARTMENT
1. Three oak trees were approved for removal under City Council Action of March 6, 1991. The "Oaks Parking
Layout dated 4/3/91," identified the approved replacement locations. One tree was incorrectly planted in
locaUon No. 66 as identified on the Cupertino Oaks Site Plan dated August 26, 1992. The misplanting is
acknowledged.
2. Condition No. 4 of City Council Action letter of March 6, 1991, regarding the replacement caliper
� minimum requirement has not been met with the replacement trees. Two additional oak trees of 8" trunk
caliper is required for replacement. A lesser trunk caliper, subject to staff approval, may be allowed if the
canopy spread of the lesser caliber trunk is equal to that of an 8" caliper trunk tree. The tree trunk shall be
� measured 1 foot above natural grade. Replanting locations shall be determined by the Architectural and Site
Approval Committee. Trees to be planted within 4 months from approval and staff shall visually inspect
trees prior to planting to assure compliance.
3. The limb on Tree No. 55 may be removed subject to pruning/sculpting to encourage the upper limb to fill
the void created.
4. The applicant shall submit quarterly status reports on the Tree Management Program for one year outlining
which portions of the program have been completed and providing goal dates for the remaining work. The
Planning Commission shall review this progress following the one year.
5. The request to remove Tree No. 70 is approved. Two additional oak trees of 8" trunk caliper, measured 1
foot above natural grade, is required for replacement. A lesser trunk caliper, subject to staff approval, may
be allowed if the canopy spread of the lesser caliber trunk is equal to that of an 8" caliper trunk tree.
Locations shall be deternuned by the Architectural and Site Approval Committee. The replacement shall
occur with four months from removal. Prior to the tree being removed, the applicant must submit proof
regarding the availability of the 8 inch caliper replacement trees.
PASSED AND ADOPTED this 12th day of October, 1992 at a Regular Meeting of the Planning Commission of
, the City of Cupertino, State of California, by the following roll call vote:
' AYES: CONIlvIISSIONERS: Austin, Mackenzie, Mahoney, Mann and Chairman Fazekas
NOES: COMNIISSIONERS: None
� ABSTAIN: COMNIISSIONERS: None
i ABSENT: CONIIvIISSIONERS: None
� ATTEST: PROVED: A
� �', ��i �
1�� v(, G �
Robert Cowan aryl Faz s, Ch 'rman
' Director of Community Development Planning Commission
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