Reso 6360 TR-2005-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6360
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A REQUEST TO REMOVE AND REPLACE
TREES TO CONSTRUCT A 135 UNIT, TWO- AND THREE-STORY RESIDENTIAL
CONDOMINIUM DEVELOPMENT AT 10123 N. WOLFE ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2005-04 (EA-2005-10)
Applicant: Mike Rohde (Vallco Fashion Park)
Location: 10123 N. Wolfe Road
` SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove and replace trees as part of the construction of a 135 unit, two- and three-
story residential condominium development, as described in 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, there are existing and proposed trees to mitigate the visual and privacy
impacts of the proposed residential condominium development.
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 recommended for
approval; 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-2005-04, as set forth in the Minutes of the Planning Commission
Meeting of January 10, 2006 are incorporated by reference herein.
Resolution No. 6360 TR-2005-04 January 10, 2006
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
Approval is based upon the Exhibit titled "Condominiums at Vallco" dated January
3, 2006, consisting of Sheet 4, Tree Removal Plan, and Sheet 5, Landscape Plan,
exceptas
2. LANDSCAPING
The applicant shall:
a. Submit detailed landscape and irrigation plans to be reviewed and approved by
the Director of Community Development.
b. Maintain the existing landscape planter area, including existing trees, along the
western property line.
c. Provide for infill trees along the western property line where gaps currently
exist, as determined by the Director of Community Development. The infill trees
shall be redwood trees, or other acceptable evergreen trees as determined by the
Director of Community Development, and shall be field grown size.
d. Plant a second row of redwood trees, or other acceptable evergreen trees as
� determined by the Director of Community Development, within the landscape
planter area to be retained along the western property line. Trees shall be field
grown size.
e. Provide up to thirty 24-inch box evergreen trees within the Cal Trans Right-of-
Way landscape area adjacent to the project site and the Interstate 280 off-ramp.
The applicant shall work with Cal Trans to secure approval for planting of these
trees along the project site on Cal Trans property.
f. Provide a double row of trees within the landscape area adjacent to the southern
side of Building A facing the future parking structure site for additional
screening. The type and size of trees shall be reviewed and approved by the
Director of Community Development.
g. Provide a second row of trees between Building A and Building B for additional
screening. The type and size of trees shall be reviewed and approved by the
Director of Community Development.
h. Preserve the existing coast live oak as identified by the arborist report of August
9, 2005 by Barrie D. Coate and Associates, if possible, and if it is not within the
development area of the site.
3. TREE REPLACEMENT
For each tree that was removed prior to approval of a Tree Removal Permit, two
new trees shall be planted on site.
4. TREE PROTECTION MEASURES
The applicant shall comply with the tree protection measures in the arborist report
dated August 9, 2005, and prepared by the City's Consulting Arborist, Barrie D.
Coate and Associates.
Resolution No. 6360 TR-2005-04 January 10, 2006
Page 3
5. TREE PROTECTION BOND
A tree protection bond in the amount of$50,000 shall be submitted to the City prior
to issuance of demolition or grading permits.
6. 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 10� day of January 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Wong, Vice-Chair Miller, Saadati, Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTE . APPROVED:
1 , ` f
, ,C a(,��jr , ��.
Steve Piasecki Gilbert Wong, Chairp�rsbn
Director of Community Development Cupertino Planning(��fnmission