Reso 6651 TR-2011-30
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6651
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF THE REMOVAL AND REPLACEMENT OF 79 TREES WITHIN AN EXISTING SHOPPING CENTER
PARKING LOT IN CONJUNCTION WITH THE PROPOSED NEW DEVELOPMENT LOCATED AT
20750 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2011-30
Applicant: Mark Creedon
Property Owner: Byer Properties
Location: 20750 Stevens Creek Boulevard (APNs 359-08-020,359-08-021,359-08-022,359-08-
006,359-08-013)
SECTION II: FINDINGS FOR TREE REMOVAL
WHEREAS, the Plannulg Commission of the City of Cupertino received an application for tree removal,
as described in Section I of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative
Declaration; 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 at least one public hearing on this
matter; and
WHEREAS,the Planning Commission finds the following with regard to this application:
1. That the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to
existing or proposed essential structures, or interferes with private on-site utility services and cannot
be controlled or remedied through reasonable relocation or modification of the structure or utility
services;
2. That the protected tree(s) are a detriment to the subject property and cannot be adequately supported
according to good urban forestry practices due to the overplanting or overcrowding of trees on the
subject property.
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 begulxling on
page 2 thereof,:
A Mitigated Negative Declaration (file no. EA-2011-10) is hereby recommended for adoption; the
application for a Tree Removal Permit, Application no. TR-2011-30, 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 no. TR-2011-30 as set forth in the
Minutes of Planning Commission Meeting of August 9, 2011, and are incorporated by reference as though
fully set forth herein.
Resolution No.6651 TR-2011-30 August 9,2011
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED REMOVALS
The approval is based on the arborist report prepared by Arbor Resources dated July 22, 2011 entitled,
"An Arborist Review of the Proposed Renovations at the Crossroads Shopping Center, Buildings E
and F, 20730 Stevens Creek Boulevard, Cupertino, California," except as may be amended by
conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2011-03, ASA-2011-12, and EXC-2011-10 shall be
applicable to this approval.
3. REQUIRED TREE REPLACEMENTS
The applicant shall be required to plant at least eighty-five (85) 24-inch box trees on the property and
street frontage, in accordance with the City's Protected Trees Ordinance. The required replacement
trees shall be planted prior to final occupancy of the project associated with file nos. DP-2011-03,
ASA-2011-12,and EXC-2011-10.
4. ADDITIONAL TREE REPLACEMENTS
The Director of Community Development shall have the discretion to require additional tree
replacements as deemed necessary. The final tree replacement plan shall be reviewed and approved
prior to final building approval.
5. 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 9th day of August 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, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
r .
Gary Winnie Lee,Cha
City Planner Planning Commission