Reso 6544 TR-2008-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6544
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TREE REMOVAL PERMIT TO REMOVE SIX PROTECTED TREES AND
REPLACE THEM WITH A COMPREHENSIVE LANDSCAPING PLAN AT 10165 NORTH DE
ANZA BOULEVARD
SECTION I: FINDINGS
WHEREAS,the Planning Commission of the City of Cupertino received an application 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 met the burden of proof required to support said application;and
has satisfied the following requirements:
1) The location of the trees restricts the economic enjoyment of the property by severely
limiting the use of property in a manner not typically 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 trees.
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps, facts, e�ibits, testimony and other evidence submitted
in this matter, the application for Tree Removal 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-2008-09 as set
forth in the Minutes of the Planning Commission Meeting of November 25, 2008 and January
13,2009,and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION �
Application No.: TR-2008-09
Applicant: Rajeev Chopra (Shashi Corporation)
Location: 10165 N. De Anza Boulevard
Resolution No. 6544 TR-2008-09 january 13,2009
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUIVITY DEVELOPMENT DEPT.
1. TREE REMOVAL
The applicant is authorized to remove six protected trees consisting of two Coast Redwoods,
two Deodar Cedars and two Canary Island Pines identified as Nos. 1-6 in a report prepared
by Arbor Resources. The approval is based on the Exhibit entitled: "A Review of the
Proposed Removal and Replacements of Six Trees Located at 10165 North De Anza
Boulevard, Cupertino, California APN 326-34-057," and dated August 18, 2008, except as
may be amended by the conditions contained in this resolution.
2. TREE REPLACEMENT
To mitigate the loss of the subject trees,the applicant shall implement the landscape plans
titled: "Cupertino Hotel Conceptual Landscape Plan,Shashi Corporation,Cupertino,CA"
and "Cupertino Hotel Landscape Cross-Sections and Notes,Shashi Corporation,Cupertino,
CA,"consisting of two sheets labeled L1 and L2 dated 1/06/09 by KLA Landscape
Architecture Planning.
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.
PASSED AND ADOPTED this 13th day of January 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS:Chair Miller,Vice Chair Giefer,Rose,Kaneda,Brophy
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTES • OVED:
� � � �� �r �
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Ste iasecki Marty 'll ,Planning Chair
Director of Co 'ty Development Planning mmission
G:�Planning�PDREPOR'I1RES�2008\TR-2008-09 res.doc