Reso 6659 TR-2011-31
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6659
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE
REMOVAL OF THREE COASTAL REDWOODS(9",6.5" AND 6.5" TRUNK DIAMETERS)
IN CONJUNCTION WITH THE INSTALLATION OF A PERSONAL WIRELESS SERVICE FACILITY
AT THE FORUM AT RANCHO SAN ANTONIO
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2011-31
Applicant: Alex Morin (Cortel,LLC&AT&T)
Location: Common Area near 23005 Via Esplendor (The Forum at Rancho San Antonio)
SECTION II: FINDINGS FOR TREE REMOVAL
WHEREAS, the Planning Commission of the City of Cupertino received an application for tree removal,
as described in Section I 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 Coxnmission has held at least one public hearing on this
matter;and
WHEREAS,the Planning Commission finds the following with regard to this application:
1. That the location of the trees restricts the economic enjoyment of the property by severely limiting
the use of the 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 tree(s).
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
page 2 thereof,:
The application for a Tree Removal Permit, Application no. TR-2011-31, 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 no. TR-2011-31 as set forth in the Minutes
of Plaruung Commission Meeting of September 27,2011,and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED REMOVALS
Three Coastal Redwoods, 9", 6.5" and 6.5" in diameter, are approved for removal. The redwoods are
depicted within the equipment enclosure illustrated on sheet labeled Z-4 of the plan set titled: "at&t
Your World./I-280 & Crooked Creek/CN4019" prepared by at&t/Ericsson and dated January 25,
2011.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2011-10 and ASA-2011-13 shall be applicable to
this approval.
Resolution No.6659 TR-2011-31 September 27,2011
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. IN LIEU TREE REPLACEMENT FEE
In lieu of replacing the removed trees, the applicant shall pay in in-lieu tree replacement fee to the
City's Tree Fund base upon the purchase and installation cost for six trees.
PASSED AND ADOPTED this 27th day of September 2011, 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 Lee,Vice Chair Miller,Brophy,Sun, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Aarti Shrivastava Winnie Lee,C ai
Community Development Director Planning Commissi