PC Reso 6530 TR-2008-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6530
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TREE REMOVAL REQUEST TO REMOVE 303
TREES ON AN APPROVED LANDSCAPE PLAN AND REPLACE THEM WITH 321
TREES AT AN EXISTING OFFICE PARK (RESULTS WAY CAMPUS)
SECTION I: PROIECT DESCRIPTION
Application No.: TR-2008-06
Applicant: Tim Kelly (Embarcadero Capital Partners)
Location: 1 Results Way
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for the removal and replacement of 303 trees that are part of an approved landscape
plan for a 19.8-acre office/industrial park that is proposed for redevelopment; and
WHEREAS, the 303 trees are considered protected under Chapter 14.18 of the
Municipal Code, pertaining to Protected Trees and subject to a tree removal permit
issued by the City; 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, the 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-2008-06, as set forth in the Minutes of the Planning Commission
Meeting of August 26, 2008 are incorporated by reference herein.
Resolution No. 6530 TR-2008-06 August 26, 2008
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
The applicant is approved to remove or transplant the 303 trees on site and
depicted in the Results Way Campus plan set page titled: " Tree Disposition
Plan" dated 8/14/08, consisting of one sheet labeled L-1.1, except as may be
amended by the conditions of this Resolution.
2. TREE REPLACEMENTS
The applicant shall plant replacement trees per the City's Protected Tree
Ordinance and in accordance with the approved Landscape Master Plan dated
8/14/08 and labeled L-1.0
For any additional protected trees that are removed due to construction damage,
hazardous conditions or death, the applicant shall be required to replace these
trees in accordance with the Protected Trees Ordinance. Species and size of
replacement trees shall be reviewed and approved by the Community
Development Department.
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.
4. TRANSPLANTED TREES
Trees nos. 88 and 89 identified in the tree survey shall be transplanted in lieu of
the proposed tree nos. 131 and 174.
5. EVALUATION OF PROTECTION OF TREE N0. 179 (COASTAL REDWOOD)
Applicant shall evaluate the potential to protect tree no. 179 by modifying parking
lot and driveway improvements to minimize grading and provide pervious
surfaces in the drip zone among alternatives. Evaluation shall be reviewed by the
City Arborist. Final decision for removal and any replacement shall be made by
the Director of Community Development.
Resolution No. 6530 TR-2008-06 August 26, 2008
Page 3
PASSED AND ADOPTED this 26th day of August 2008, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Kaneda, Rose
NOES: COMMISSIONERS: Brophy
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTE : APPROVED:
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Ste e Piasecki Marty � Chair
Director of Community Development Planning Commission
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