Reso 6628 TR-2011-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6628
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING THE REMOVAL AND REPLACEMENT OF 31 TREES IN CONJUNCTION WITH
PARKING LOT, LANDSCAPING,AND SIDEWALK IMPROVEMENTS AT THE FORMER MERVYNS
DEPARTMENT STORE SITE LOCATED AT 20730 STEVENS CREEK BOULEVARD (APN 359-08-020)
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2011-07
Applicant: Jack Verdon
Property Owner: Byer Properties
Location: 20730 Stevens Creek Boulevard (APN 359-08-020)
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 Commission has held at least one puUlic hearing on this
matter; and
WHEREAS, the Planning Cominission 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 st�uctures, 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 maps, facts, exhibits, testimony and other evidence submitted in
this matter, subje ct to the conditions which are enumerated in this Resolution beginning on page 2
thereof,:
The application for a Tree Removal Permit, Application no. TR-2011-07, 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-2011-07 as set forth in the
Minutes of Planning Commission Meeting of Apri112, 2011, and are incorporated by reference as though
fully set forth herein.
Resolution No. 6628 TR-2011-07 Apri112, 2011
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED REMOVALS
The approval is based on the arborist reports prepared by Arbor Resources dated April 4, 2011
entitled, "An Arborist Review of the Proposed Renovations at the Crossroads Shopping Center, 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 no. ASA-2011-02 shall be applicable to this approval.
3. REQUIRED TREE REPLACEMENTS
The applicant shall be required to plant a total of forty-five (45) 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 no. ASA-2011-02.
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 12th day of April 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:
Cd r' �
� J
Aarti Shrivastava, Director Winnie Lee,Chair
Community Development Department Planning Commission �