Reso 6399 TR-2006-10
i
CITY OF CUPERTINO
� 10300 Torre Avenue
► Cupertino, California 95014
RESOLUTION NO. 6399
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
� THE REMOVAL OF SIX COAST REDWOOD TREES AT 20182-20233 JOSEPH CIRCLE
I
� SECTION I: PROTECT DESCRIPTION
Application No.: TR-2006-10
` Applicant: Carl Payne on behalf of the Joseph Circle Home Owners
Association
, Location: 20182-20233 Joseph Circle
SECTION II: FINDINGS
� WHEREAS, the Planning Commission of the City of Cupertino received an application
to retroactively approve the removal of six (6) coast redwood trees; 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
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-2006-10, as set forth in the Minutes of the Planning Commission
Meeting of June 27, 2006 are incorporated by reference herein.
� SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
, 1. APPROVAL ACTION
� Approval is based upon the applicant's statement submitted as Exhibit A of the staff
report dated June 27, 2006 for this project, except as may be modified by the
conditions contained in this resolution.
Resolution 6399 TR-2006-10 June 27, 2006
Page 2
�
2. TREE REMOVAL & REPLACEMENT
� The retroactive approval allows for the removal of six coast redwood trees as
� indicated on Exhibit A in Locations A, B and C. They shall be replaced by one 24-
inch box Australian willow tree or 24-inch box hybrid laurel tree (laurus Saratoga) in
each of the locations where the redwood trees were removed (Locations A, B and C
as specified on the landscape plan) and three (3) additional trees, for a total of 6
replacement trees. The three additional trees shall either be planted elsewhere
within the common area of the Joseph Circle townhouse complex or may be offered
r to the City and accepted by the City as determined by the Public Works Department.
� The size of the three additional trees may be less than 24-inch box trees.
I 3. TREE PROTECTION BOND AND TREE MONITORING:
A tree protection bond in the amount of the value of the new replacement trees to be
� planted and the associated planting of trees shall be provided. The applicant shall
contracted with a ISA certified arborist to monitor the health of the new trees and
provide an annual report to the Community Development Director for a two year
period after planting. The tree bond will be released if the trees remain healthy after
the two year period.
� 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.
PASSED AND ADOPTED this 27th day of June 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Miller, Saadati, Wong, Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice-Chair Giefer
,
,
ATTEST: PP V D: �
L��C-� ' . � � `_
���,l�f �=.� %���� � -
Steve Piasecki Marty Mil , hairperson —��
Director of Community Development Cupertino�P ari ing Commission
G:�Planning�PDREPORT�RES�2006�TR-2006-10 res.doc