Reso 6748 _ _ _ . _ _ _ _
_ _ T'IZ-2014-10:
� CITY OF C�JPERTIIVO
10300 Torre,AVenue
Cupertino, California 95014
RESOLUTION NO. 6748
', OF THE PLANNING;COMIVIISSIQIV OF;THE;;:CIT'Y OF CUPERT'INQ,,RECOMMENDING
, ` AP,PRO�TAL OF A'TREE RElVIOVAL'PEIZNIIT;TO ALLOW THE REMQVAL AND :
`;REPLAGENIENT OF FNE COAST LIVE OAK;TREES.LOCATED.AT 10645 CQRDOVA RD(LOT B)
SECTIbN L• PROTECT DESCRIPTION :
�Application IVo.:�� � TIZ-2014=10� �
Applicant: Terry Brown(Osann,K.,O'Grady and B.O'Grady lots)
Location: �: - Lot B, 10645 Cordova,Road AP1V#:342-22-101 �
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SECTIOIV.II: .FINDINGS FOR TREE REMOVAL PERIVIIT:
WHEREAS, the Plarinuig"Commission of the City of Cupertino received an applieatiori'for a`Tree
Remoeal Permit as'described in Section I. of this Resolution; and
� WHEREAS; the Environmental Review Committee has recommend`ed adoption of a 1Vlitigated Negative
Declaration; arid _ ,
UTHEREAS; the necessary public notices have been gi�en as reguirecl by the Procedural Ordinarice of
the City of Cupertino; and t11e'Planning Cominission`ha`s held 'af least one public hearing iri r'egard to
the appl�cati;on;.arid
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TNHEREAS,t�ie applicant has met the burderi of proof required to support`said application; and '
WHEREAS;�the Plannulg Coinmission firnds as follows with regard to this application:
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a) That the�trees are irreversibly diseased,,are iri danger of, falling; can cause potential damage to
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existing or proposed,essential stnzctures, or interferes with private on-site:utility services_,,and
' cannot be.confirolled or remedied through rea"sonable;relocation or'modification of the structure or :
utility services;
The City's consulting arborist has determined that the trees proposed for;removal are all in conflict with the
proposed new bui,ldings and site improvements,and are not suitable for preservation or relocataon. '
b) That the']ocation of the frees restricts the`economic enjoyment of the property by severely.lixniting
the use of property in a manner not typically experienced by'owners of`similarly zoned arid situated
property,�and:the applicant has'demonstrated to the satisfactiori of the approval�authority that there
a're'no reasonable alternatives to preserve the tree(s).
� ` The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the
' proposed new buildings and site improvements, and are not suitable for preservation or relocation.`
Resolution No.6748 TR-2014-10 June 9,2014
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,:
A Mitigated Negative Declaration (Application no. EA-2014-10) is hereby recommended for adoption;
and the application for a Tree Removal Permit, Application no. TR-2014-10 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-2014-10 as set forth
in the Minutes of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received January 29, 2014 consisting of 7 sheets,
labled 1, L1.0, L2.0, L2.1, L3.0, L3.1 and L4.0 entitled, "3 Custom Residences, 10645 Cordova Rd.,
Cupertino, CA 95014," drawn by SSS Designs LLC; except as may be amended by conditions in this
resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. EXC-2014-03 shall be applicable to this approval. �
3. FINAL PLANTING PLAN
The applicant shall plant replacement trees in accordance with the replacement requirements of the
Protected Tree Ordinance. The trees shall be planted prior to final occupancy of site permits.
The final planting plan shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits. The Director of Community Development shall
have the discretion to require additional tree replacements as deemed necessary. An ISA Certified
Arborist shall confirm that the replacement trees were planted properly and according to plan prior
to final occupancy.
4. TREE REPLACEMNETS
The applicant is required to plant six (6) 24" box replacement tree in accordance with the Protected
Tree Ordinance. All replacement trees shall be native species.
3. TREE PROTECTION
The existing trees to remain shall be protected during construction per the City's Protected Tree
Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall
be listed on the plans, and protective fencing shall be installed around the trees to remain prior to
issuance of building permits. A report ascertaining the good health of these trees shall be provided
prior to issuance of final occupancy.
5. CONSULTATION WTTH OTHER DEPARTMENTS �
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
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Resolution No.6748 TR-2014-10. , June 9,2014
submittecl data may invalidate an approval,by the Cornmunity Development Department.
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�6. INDElVlNIFICATION
To the extent,permitted by law, the Applicant shall indemnify and hold harmless the City, its City
: Council, its officers, employees and agents (the "indernnified parties") from and against any claim,
action, or proceeding brought by a third party against the indeninified parties and the applicant to
attack, set aside, or void`this ordinance or any perrnit or approvai authorized hereby for the project,
including (without limitation) reimbursing:the City its actual attorneys' fees and costs incurred in
defense of the litigation.: The City may, in its sole cliscretion, elect to defend any such action'with
attorneys of its choice. '
7. NOTIGE OF FEES DEDICATIOlVS RESERUATIONS OR OTHER EXACTIONS
Th'e Conditions of Project Approval set forfh 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,
an'd a descript-ion of the dedications; reservations, and other exacfions. You are hereby further
nofified that -the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions,pursuant to Governtnent 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 June, 2014, Regular Meeting of the Planning Commission of
the City of Cupertino,State of California,by the following:roll call vote:
AYES: `" COMMISSIONERS: Chair�rophy,Vice Chair Lee, Sun, Gong,Takahashi
NOES: COlVIl�iIISSIOlVERS:none . �
ABSTAIIV: COlVIMISSIONERS:none
ABSEIVT: CONINli5SIO1�TERS:none
ATTEST: APPROVED:
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G , 'f o Paul Brophy; Chair ,
Assist. Director of Community Development - P1aruling Coxnrnission
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