Reso 6693 TR-2012-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6693
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING THE REMOVAL AND REPLACEMENT OF 33 TREES IN CONJUNCTION WITH A NEW
CAFETERIA USE AND UNDERGROUND PARKING GARAGE LOCATED AT 20625 ALVES DR
SECTION I: PROIECT DESCRIPTION
Application No.: TR-2012-04
Applicant: John Noori
Property Owner: Apple,Inc.
Location: 20625 Alves Dr (APN: 326-34-069)
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 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
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 maps, facts, exhibits, testimony and other evidence submitted in this matter,
suUject to the conditions which are enumerated in this Resolution beginning on page 2 thereof,:
The application for a Tree Removal Permit, Application no. TR-2012-04, 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-2012-04 as set forth in the Minutes of Planning Commission
Meeting of Apri124,2012,and are incarporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated March 9, 2012, consisting of 34 sheets labeled 0.0, 0.1, 0.2, 1.0, 2.0, 2.1,
2.2, 2.3,3.0,3.1,3.2,3.3,3.4,3.5,3.6,4.0,4.1,4.2,4.3,4.4, 6.0, 6.1,6.2, 6.3,6.4, 6.5, 7.0, 7.1,7.2,7.3, 7.4,7.5,8.O, and
8.1, entitled, "Alves Restaurant, Apple, Planned Development Permit," prepared by Backen, Gillam, Kroeger
Architects; Kier & Wright Civil Engineers & Surveyors, Inc.; Carducci & Associates; and DES Architects &
Engineers,except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2012-01, ASA-2012-01, and TR-2012-04 shall be applicable
to this approval.
3. RE UIRED TREE REPLACEMENTS
The applicant shall be required to plant tree replacements in and around the property 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. DP-2012-01,ASA-2012-01,and U-2012-04.
Resolution No. 6693 TR-2012-04 Apri124,2012
4. TREE PROTECTION
Prior to building permit issuance,the tree protection measures contained in the arborist report,Tree
Assessment and Protection Recommendations by Walter Levison,dated December 19,2011,and in the City's
Consulting Arborist's Report,An Arborist Review of the Proposed Alves Restaurant(Apple Cafeteria),20625
Alves Drive,Cupertino,CA 95014, dated March 9,2012,shall be implemented as deemed appropriate by the
Director of Community Development for the trees to be retained.The City's consulting arborist shall verify that
the tree protection measures are in place prior to construction/demolition.The tree protection measures shall
be placed in the construction plan set and posted on tree protection fences. A report ascertaining the good
health of the trees mentioned above shall be provided prior to issuance of final occupancy.
5. ADDITIONAL TREE REMOVALS AND REPLACEMENTS
In the event additional tree removals are required in conjunction with this specific project,whether off-site or
on-site,no further tree replacements will be required as the proposed amount of tree replacements exceeds the
City's minimum requirements stipulated in the Protected Tree Ordinance. However,the Director of
Community Development shall have the discretion to require addiHonal tree replacements as deemed
necessary.The final tree replacement plan shall be reviewed and approved prior to final building approval.
6. NOTICE OF FEES DEDICATIONS,RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedicaHon 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 24�'day of Apri12012,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 Miller,Vice Chair Sun,Brophy,Lee,Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
C .
�
Gary hao �/ Marty i ler Chair
City anner Planning mission