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PC Summary 09-13-04 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members From: Steve Piasecki, Director of Community Development Date: September 17, 2004 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE September 13, 2004 Chapter 19.32 of the Cupertino Municipal code provides for a eal of decisions made b the Plannin Commission 1. Application TR-2004-04; Li Mei Yee, 8062 Park Villa Circle Description Tree Removal of a protected tree at a planned residential development. Action The Planning Commission approved the application on a 4-0 vote The fourteen-calendar day appeal will expire on September 27, 2004. Enclosures: Planning Commission Report of September 13, 2004 Planning Commission Resolution No. 6270 2. Application TR-2004-05; Nathan Lewis (Westridge HOA), 10166 English Oak Way Description Tree Removal of a protected tree in a planned residential development. Action The Planning Commission approved the application on a 4-0 vote The fourteen-calendar day appeal will expire on September 27, 2004. Enclosures: Planning Commission Report of September 13, 2004 Planning Commission Resolution No. 6271 3. Application M-2004-04; Etsuko Kuromiya, 19990 Homestead Road Description Modification of a use permit (U-2004-02) for late night activities: extending the hours of operation of a karaoke studio to 2 AM. Action The Planning Commission approved the application on a 3-1 vote The fourteen-calendar day appeal will expire on September 27, 2004. Enclosures: Planning Commission Report of September 13, 2004 Planning Commission Resolution No. 6272 Approved Exhibits g:planning/Post Hearing/summary to cc09-13-04 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: TR-2004-04 Applicant: Li Mei Yee Location: 8062 Park Villa Circle Agenda Date: September 13, 2004 Application Summary: Tree removal request to remove a 16" diameter Fern Pine in the common area of the Westmont Park Villas, a planned residential development. RECOMMENDATION: Staff recommends that the Planning Commission approve the tree removal application in accordance with the model resolution. BACKGROUND: The applicant, Li Mei Yee, requests permission to remove a specimen size Fern Pine tree in the common area of this planned residential development. DISCUSSION: The city's consulting arborist, Barrie D. Coate, submitted a report dated August 5,2004 (attached). The arborist recommends removal and replacement of the tree. The pine tree is planted in a bed that is only 3 feet in width and is less than 1-foot from a residence. The tree is healthy and in no danger of falling, but it has a poor structure because the tree was "topped" some years back, leading to vigorous vertical shoot growth with weak attachments to the trunk. The tree is unsuitable for this location. Replacement In 2003, the Planning Commission approved the removal of two trees in the common area of this development and required Sycamore Yarwoods (London Plane Trees) planted in suitable locations as replacements. Staff recommends that the Commission require two 24" box Sycamore Yarwoods as replacements, with the location to be determined by the Homeowners Association and staff. Enclosures: Model Resolution Location Map' Arborist Report prepared by Barrie D. Coate and Associates, dated August 5, 2004. Photograph of trees Submitted by: Piu Ghosh, Planning Intern c;:.c> Approved by: Steve Piasecki, Director of Community Developmen~ d-I TR-2004-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REQUEST TO REMOVE A 16-INCH DIAMETER FERN PINE IN A PLANNED RESIDENTIAL DEVELOPMENT SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2004-04 Li Mei Yee 8062 Park Villa Circle SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove a Fern Pine, as described in this Resolution; and WHEREAS, the applicant has met the burden of proof required to support removal of this tree and has satisfied the following requirements: 1) The Fern Pine, due to its proximity to structures, and inappropriate past trimming, is inappropriate in its current location. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application for Tree Removal is hereby approved as modified; 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 TR-2004-04, as set forth in the Minutes of the Planning Commission Meeting of September 13, 2004 are incorporated by reference herein. d-éL- Model Resolution Page 2 TR-2004-04 09/13/04 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION The removal of a 16-inch diameter Fern Pine at 9062 Park Villa Circle is authorized. 2. REPLACEMENT REOUIREMENT The Homeowners Association shall plant two 24" box Sycamore Yarwoods as replacements. The location must be approved by Planning staff. 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. PASSED AND ADOPTED this 13th day of September 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Acting Chairperson Cupertino Planning Commission c9-3 ~ '0 CD I EÐ '- ~ 0\0 I ~<) I · z · 0 " 0 · u > >- z , a 0 u -0: · 0 · 0:: · " u · >- z · - · @~ g - ID", · - - · > >- z ð u " 0 · e " " o '" 0 "'r- .. ,,- ~ Z ~" c 0:< Ò "'!:: Z "-'" on r- "" 0 ...... " ,,::1 '" ",,,, r- r-'" 0'" -'" ,.----......_----., :N~ :~ I!\ : ---....~ O¡ L~_..~I :!j¡ L.. I i ii Õìl L_...__ .1.__~ ._______.JU ~ "I illr-" .... ,-- -, I I I r.J~ .._~ :;¡¡ -___1J Cbl 'ID ltal ,. I: :~ Q:) I~ ,.___~_____.J ~---.._----., 11!ø. :,.. " ' ----oL ~ lei i:ò :; ....., .--, Ii: I/) 'c) 1 t' · "I ._-~ "u. "mhu_J ~ '~ :u .01 i ~I _r-~ -T--t · ' "I ,--~ , -n--í:' q) 'N ~I J¡ lei :eI . 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Bench Consulting Arborist August 5, 2004 Job # 08-04- 132 d-S TREE INSPECTION AT THE YEE RESIDENCE, CUPERTINO 1 Assignment I was asked by Ms. Piu Ghosh, Planner, City of Cupertino, to evaluate a tree located at 8062 Park Villa Circle, Cupertino. Observations The tree is located adjacent to the front door of the residence at 8062 Park Villa Circle, Cupertino. This tree is a Fern pine (Podocarpus gracilior). This tree has a trunk diameter of approximately 16 inches at 2 feet above grade. The planter bed in which this tree lives is only about 3 feet wide. Its health is excellent, but its structure is poor, primarily because this specimen has been "topped" at about 12 -15 feet above grade a few years ago. Topping essentially destroys the structural integrity of the tree. Water sprouts (vigorous vertical shoots) produced after topping have very weak attachments and are highly prone to splitting apart at the point of attachment. In this case, there is an old open wound below almost every one of the old "topping" cuts, which indicates that the bark had tom down the limbs at the time that the trees were topped. Even an average arborist would not perform work this bad. I suspect that this pruning had been done by the landscape maintenance company. Another problem that this fern pine tree poses is the lifting of the nearby concrete. Two sections of the concrete near this tree have been shaved to address the uneven surfaces created by the roots lifting the edge of the concrete. This shaving is only a temporary solution. This tree will no doubt continue to lift the sections of the nearby concrete with increasing regularity as this tree matures, because the roots will continue to grow larger at about the same rate as the trunk. This fern pine tree appears to have been planted as an espalier against the side ofthe building. Since African fern pine has the potential to reach 60 feet in height and 90 feet spread, fem pine is the wrong plant for this location. This infrastructure damage is fully expected to increase if this tree is retained. There are other fem pine trees within this complex of connected homes. Two of the locations, where this same problem exists, are the residences at 8074 and 8076. It is likely that there a dozen or more locations within this housing complex, where the identical conditions exist with maturing fern pine trees. Conclusions Although the structure of this fern pine tree is relatively poor, it does not appear that any limbs pose an immediate risk of breaking. This tree itself is not considered hazardous. Recommendation I recommend that this fem pine tree be removed and replaced with a plant appropriate for this location. I recommend the following alternative replacement plants: Strawberry Tree (Arbutus unedo) Hollywood Juniper (Juniperus chinensis 'Kaisuka ') PREPARED BY: MICHAEL L. BENCH, CONSULTING ARBORIST AUGUST 5. 2004 .;l-(p TREE INSPECTION AT THE YEE RESIDENCE. CUPERTINO 2 Irish yew (Taxus baccata 'Stricta:; Carolina Cherry (Prunus caroliniana) Value Assessment We typically recommend that the size of the replacement plant roughly equate the value of the existing plant. Based on the International Society of Arboriculture (ISA), Guide for Plant Appraisal, Ninth edition, Trunk Fonnula Method, this existing fern pine tree has a value of $1,560.00. This value is approximately equivalent to a 36 inch boxed specimen. In this case, it does not appear feasible to plant a 36 inch boxed specimen at this location. It is feasible to plant a 24 inch boxed specimen. w.... Enclosures: Assumptions and Limiting Conditions ISA Trunk Fonnula Method Tree Data Chart Michael 1. Bench, Associate ~,~ Barrie D. Coate, Principal MLB/sh PREPARED BY: MICHAEL L. BENCH. CONSULTING ARBORIST AUGUST 5. 2004 d-l- - 8ARRIE D. COATE and ASSOCIATES H<¡r1;(:uturaIConsultaßls 23535 SummIt Road Los Gatos, CA 95033 4061353-1052 ASSUMPTIONS AND LIMITING CONDITIONS 1. Any legal description provided to the appraiser/consultant is assumed to be correct. No responsibility is assumed for matters legal in character nor is any opinion rendered as to the quality of any title. 2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of information provided by others. 3. The appraiser/consultant shall not be required to give testimony or to attend court by reason of this appraisal unless subsequent written arrangements are made, including payment of an additional fee for services. 4. Loss or removal of any part of this report invalidates the entire appraisal/evaluation. 5. Possession of this report or a copy thereof does not imply right of publication or use for anr purpose by any other than the person(s} to whom it is addressed without written consent 0 this appraiser/consultant. 6. This report and the values expressed herein represent the opinion of the appraiser/consultant. and the appraiser's/consultant's fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported. 7. Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys. 8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and procedures, as recommended by the International Society of Arboriculture. 9. When applying any pesticide, fungicide, or herbicide, always follow label instructions. 1 O.No tree described in this report was climbed. unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by climbing. A full root collar inspection, consisting of excavating the soil around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We cannot take responsibility for any root defects which could only have been discovered by such an inspection. CONSULTING ARBORIST DISCLOSURE STATEMENT Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine. cannot be guaranteed. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. tðtlhJÙf. ¿J. ~ Barrie D. Coate ISA Certified Arborist Horticultural Consultant d-'D ., BARRIE D. COATE and ASSOCIATES HoroCl.l.Ur8IConsuItsnts 23535 Slß1mitRoad Los Gatos. CA 95033 40&'353-1052 Owner of Pro e Location: 8062 Park Villa Circle, Cu rtino Date of A raisal: 8/5/04 Trunk Formula Method 9th Edition, Guide for Plant Appraisal for Trees Less Than 30" diameter Date of Failure: N/A Ms. Pin, City ofCu rtino Michael L. Bench, Certified Arhorist #1897 Field Observations of Sub' ect Tree 2. Condition: 50% (fair overall) 3. Trunk Diameter, Inches: 16 inches at 2 feet 4. Location Value % Site 70 % + Contribution 20% + Placement 5 % = 92 R . onal Plant A raisal Committee Information of S eeies 6. Re lacement Tree Size 7. Re lacement Tree Cost 8. Installation Cost 9. Installed Tree Cost (#7 + #8) 10. Unit Tree S . inches) 80% 9.62 in. $902.50 $902.50 $1.805 $56.50 r in2 Calculations Usïn Field and Re 'onal Committee Information 11. Appraised Trunk Area Trunk Diameter, S uared #3) x.785= 12. Appraised Tree Trunk Increase (T AINCR) - TAA 200.96 in. (#11 -TAR 9.62 s . in. 13. Basic Tree Cost (TA'NcR)(#12) 191.34 sq. in- x UTC (#10) $56.50 per sq. in. + Installed Tree Cost #9) $1.805 = 14. Appraised Value = Basic Tree Cost (#13) $12.616 x S ecies (#5 80 % x Condition (#2 50% x Location (#4) 31%= 15. Round to nearest $100 ($5,000+) or $10 (less than $5000) = + 3 = 31 % 200.96 s . in. 191.34 . m. $12.616 $1.564 $1.560 ~-9 . 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"'II c IV ë2 < '" ".!! ¡;: 0 co: .... c 0 ã!i :¡¡ æ "" 0 lL Q. <!~ .. ,,'" ,,~ " - >-00'"=1" f I- ··00 Q)~iõ ~oCõ z:it:¡v .c.c- 00'" ..,..,0 ;(-10 .;? - \ I TR-2004-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6270 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REQUEST TO REMOVE A 16-INCH DIAMETER FERN PINE IN A PLANNED RESIDENTIAL DEVELOPMENT SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2004-04 Li Mei Yee 8062 Park Villa Circle SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove a Fern Pine, as described in this Resolution; and WHEREAS, the applicant has met the burden of proof required to support removal of this tree and has satisfied the following requirements: 1) The Fern Pine, due to its proximity to structures, and inappropriate past trimming, is inappropriate in its current location. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application for Tree Removal is hereby approved as modified; 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 TR-2004-04, as set forth in the Minutes of the Planning Commission Meeting of September 13, 2004 are incorporated by reference herein. Resolution No. 6270 Page 2 TR-2004-04 09/13/04 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION The removal of a 16-inch diameter Fern Pine at 9062 Park Villa Circle is authorized. 2. REPLACEMENT REOUIREMENT The Homeowners Association shall plant two 24" box Sycamore Yarwoods as replacements. The location must be approved by Planning staff. 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. PASSED AND ADOPTED this 13th day of September 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chen, Giefer, Miller and Acting Chairperson Wong COMMISSIONE~: COMMISSIONERS: COMMISSIONERS: Chairperson Saadati ATTEST: APPROVED: f sf Steve Piasecki Steve Piasecki Director of Community Development f s f Gilbert Wong Gilbert Wong, Acting Chairperson Cupertino Planning Commission CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: TR-2004-05 Agenda Date: September 13, 2004 Applicant: Nathan Lewis (Westridge HOA) Location: 10166 English Oak Way Application Summary: Tree removal permit to remove more than 25% of the canopy of a 53 inch diameter oak tree in a planned residential development. RECOMMENDATION: Staff recommends that the Planning Commission approve the tree removal application, file no. TR-2004-05, in accordance with the model resolution. BACKGROUND: The subject tree was assessed by Barrie Coate and Associates on February 5, 2004 at the request of the Westridge Homeowners Association (report attached). Mr. Coate's findings were that the tree is a danger to nearby property due to the presence of a disease that could lead to major limb failure. The disease affecting this specimen oak attacks the core of tree branches, thus weakening the structural stability of large limbs. The disease does not affect the health of the tree canopy. The arborist's recommendation is to remove the tree. Chapter 14.18 of the Cupertino Municipal Code refers to large specimen trees as "an asset to the community" and that the "retention of these species shall be promoted." In keeping with the intent of the code, staff has explored alternatives to preserve the tree with Mr. Coate and the Homeowners Association. DISCUSSION: There are three major limbs that extend over the rooftops of nearby residences. Given the tree's disease, these limbs must be removed to protect persons and property from damage. This will result in the removal of over 25% of the canopy of the tree, which requires this permit. The removal of these limbs reduces the danger to persons and property from the rest of the tree to less than significant levels. The removal of these three limbs combined with the installation of steel posts and cabling for remaining limbs will extend the life of the tree by substantially decreasing the weight that the remaining limbs must carry. In comparative terms, this action will give the tree crutches to help support it stand. The Association and Mr. Coate are agreeable to this strategy. 3- Application: TR-2004--05 September 13, 2004 Eventual Results The damage done to this specimen tree by this disease is not treatable and is irreversible. Eventually, these tree limbs will fail. However, instead of failing in the next five years if no action is taken, it is possible that the tree limbs will remain intact over a number of decades. Staff appreciates the Association's willingness to take action to preserve this tree. To give the Association flexibility in the future regarding the health of this tree, staff has worded the model resolution to allow the homeowners association to remove additional limbs or the entire tree in the future, subject to staff approval, if certain events occur: 1. During the limb cutting proposed at this time, it is discovered that the limbs to remain have already lost so much of their structural support that it is impossible to attach steel post supports and cabling to support it. 2. In the years after the installation of the steel bracing and cabling, one or more limbs start to show signs of structural failure. This will allow the Association to quickly react to changing circumstances without the need for a new tree removal permit. Submitted by: Peter Gilli, Senior Planner _, Approved by: Steve Piasecki, Director of Community Developme~~ Enclosures: Model Resolution Location Map Arborist Report dated Feb 5, 2004 3-.;L, TR-2004-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REQUEST TO REMOVE OVER 25% OF THE CANOPY OF A 53-INCH V ALLEY OAK TREE IN A PLANNED RESIDENTIAL DEVELOPMENT SECTION I; PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2004-05 Nathan Lewis (Westridge Homeowners Association) 10166 English Oak Way SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove more than 25% of the canopy of a Valley Oak tree, as described in this Resolution; and WHEREAS, the applicant has met the burden of proof required to support removal of this tree and has satisfied the following requirements: 1) The Valley Oak, due to the presence of a disease, has major limbs that are susceptible to failure, and that the removal of these limbs is to protect the health and safety of nearby residents. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application for Tree Removal is hereby approved as modified; 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 TR-2004-05, as set forth in the Minutes of the Planning Commission Meeting of September 13, 2004 are incorporated by reference herein. 3-3 Model Resolution Page 2 TR-2004-0S 09/13/04 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION The removal of three major limbs constituting over 25% of the canopy of a 53-inch diameter Valley Oak Tree in the common yard area of a planned residential development near 10166 English Oak Way is authorized. 2. MITIGATION OF LIMB FAILURE The applicant shall install steel bracing and cabling to support the remaining limbs subject to the approval of Planning staff based on recommendations from the City's consulting arborist. The installation of the bracing shall occur within one month of the cutting of the major limbs referenced in Condition 1. 3. FUTURE ACTION AUTHORIZED During or following the completion of the work described in Condition 2, Planning staff may authorize additional limb removal or removal of the entire tree if the Homeowners Association provides an certified arborist's assessment that (1) it is discovered during the limb cutting proposed at this time that due to the degradation of the remaining limb(s), it is impossible to attach steel bracing and cabling to said limb(s); or (2) following the installation of the steel bracing and cabling, one or more limbs start to show signs of structural failure. 4. REPLACEMENT REOUIREMENT In the event that the tree is removed in its entirety, the replacement shall be two 24" box Valley Oak trees in the northwest common area of the complex. 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 13th day of September 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: 3-1- Model Resolution Page 3 TR-2004-05 09/13/04 NOES: ABSTAIN: ABSENT: ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Steve Piasecki Director of Community Development APPROVED: Gilbert Wong, Acting Chairperson Cupertino Planning Commission 3-~ ,.... --.----..----. ® CALIFORNIA OAK@ WAY ~~tl~·I'~[;;¡,;¡ ~.;1;~l;·:=l ,UF'IIa:¡.: _l~"cð' ,""-f> ...''I)~. ' ¡,-'NI;"'~.,.~OI:!~ ~ØI~-..I:CDilll!,;! :: .-~)~~~i~~-· '-i&~¿.~ t : MO<;S'f' I 04/( (pmtlf,) CO!1!fT rT1 1'?if'fç~~~W?- .--~",,,_. - ~ ~I: å\,=;..~)r.,J.r.:l~'<1I~ ~ l:f i'-i;~ ~, ' . '- ~.-~: '.~ ~ 0 ~ il~r~il~~I~:~:g.! r~',~:~:'!I ,..n...'t'..M..· '\.I,...,...¡UOè ,,,,1.- t~ Z' JI I: ,I~ CD .;;¡ ID J ~ ~-~;,:-~'~'I' "¡¡-"IoI- ·-.·.·u·,.. I...... ID ~. . ~ ¡_~ ¡J~~:::;.,Ã;¡~~.~:I--i-~-~~--~¡r .þ ;-~ r:.;:..U\".~::;:,::~. :-å õf..;;,..~._.:::} ~ N'!,oo"....·I1.'U'~, ,..- '-}-'<þ \:::::.. .. ro _~.u~i.tI::.",~lð1.v~LtI~_. ;;Ç).;..~::.::_ ti.. _~___..... .e.. ;;~ roVE" :::. OAK {jJrito/~} COURT g ~~fš~~~~~~-~-·I~---'¿;7.~.,t: IT! ,~l;~'¡~~·'¡'~!:%·i(f;l"~"I":·~Io1:";uf!.;.~.:::ì < Þ~fl""~"""~'I~'Ia~'~'~'-~] ¡=' . '<;~ ,~:I(j5: :¡gr-ï;,:;·/J..~ ç. ~.:I.~_H._t..-,",:··: ~.,_r\.:...~ ~ ;__.';¿ ~! ,\. :-.< : '" ":~'~-lõ-:-U':;" ~~~.I~~~!."~~~ ~ ~1~~Rf.·'I8\:~~~r~~:~~.f.~~!.·~::~J~ r--... ..~.. '-'---"-" :ß~j:~,!;~:D:':.!l--:-~·'':~~:2~; ~<~~ .'..'.. _ ENGLISH OAK WAY '1=:. .\., -¡,..¡...~,.J~..,!.t~£'..iJ!.~~··iì .:~..-- ......... - ....."ò, I'" , _ .~ SPAN,SI-'::: GAl( (pm';t'.' .... -ÇOJ'?T ,I _ _,:,!~.~!!.~~~"':r' ~'~ ~ ~~-":i"!."1";'~0~--.Æ,,;:-~1~fJ :¡.; ~DI~~' ~ ~ ':!~.: ".. 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':¡ g:¡r..tr :~!I~:I~:1f.¡1¡li.!!: '~!1 Itr-·II-- .,'b! dt ~~ JÏJ.'¡;-, -.,;Oi,r,~ ;.·~'~-;.l_,.1.J...l.... . :;;;t~I~:, ').~,~ ~u·"",- .......... ""I, -""¡~.I '! ..::- '-Jt'!! I .9- I !...--...--,~;.,.~ ·lr1l""1., j,.TVTn, : o.:..¡;u\.Dn.L_;'lln"J-2:.:!:.._-lJ~...Rln.._ ~,~ "q.." ",1:1 ¡; , II : 12: 13,'.14: 15: 16 ~L7, laD, maa'''..ronIr''UD5.UIXJlJ ..~<I), .~t';¡üi¥I'" & ,~ ' ., LONG OAK {pÙol.} LANE ~r--~ir-" "~l~ - ;<'f\:a hf\~:f~~ :I~ :I~~ ~: ... ~I.'· ... t"~ 11 'â'~~1'<;O ~~..., ~O'í: . ? r .,'~ .:-'. ¡- j ~-t ·I~-;h.~ ~ !-~ i¡1 ~ll:j:,\l£lJjA~~ï- ~ !E-¿.-¡,...,..,"I;; d:ø~- COl/HT ¡ ~ r-<ÞO.. N .... ~h~~ > ,p 'q _KlUICWIIIIJ<U_: .; ..~. -_'j'"=\ ::=- æ;¡-~/:.W"-ín'1"1'~'UTU".ifi1' . I ~"I.>I i\)....--.;¡; 1;: ...: ..,: ,-, . , ' -I ';_=-m, ':c' 'il~'r." .,;J ~,r-k"Ii¡;~Ii'! I " ... §f: ~.}i:>¡"'--~;; J:'I! ~i 1i3J..IÕ:¡!~~!~20¡'t :' 1 ~ I '-______~J;J¡¡J ,2-4'23~2 I ,1918 -I 01 I' ~ :"tl..1.!!J..!~}..lO·J..!:!.=-!".l~I.J 6-1 SILVER ~ ~ r--.---... ~-- ~~ o ,..Nl"."'rr-1~'" '0 '~""'\I ..~" ~ ~ I------A__':A '" :::: :!:;:: It,,¡ ...~~ ." I------.......~ r ~-1J-~....;,~~ ~ 'þ ::s:I~ ::;a"l; I-__u___-iii! !s::gltl') .,::Ii ~~ .. (p,M,ld COlI!?:. -..--¡¡-;:¡¡-- g E' '" ~. ® :E J> -< t ® II!.,,!-H n·" j~ "-. ...~':. " , " ¡¡: '.. . "- It ~ I:;;.. I'" : , 0 , TM~H. ª¡... ...."C ~ ~, :; I~ P :::.~ ~ '" .. m';S: .i; ~¡V___Ju.: .--- ':192 .I~ '.u p 0\0 . ". ~~ ,I~ 3: ð I~ , r ~ 0 ~ ~! ^ - ~ II! :E ~ a;:; --. ~ :: I:;; .. ", "." " ,OOD' IC,II ~ ..J.- , ~ . -.,. ---Ì--...~ 0. ~i~~·-BlVD. =t=--'" __ _FOOTH\LL-'-~~ ( ~!2! , I ~ ~ ~ o ~ o o o z · · ~ ~ · · o · ® · · z ~ o r · · > o o o z · .' o · r ~ · z · I œ ~:: ] Õ 0_ ~~ .þ~ Nx B; N° ~ 3-(0 ('<\ J II( BARRIE D. COATE and ASSOCIATES Horticutural Consultants 23535 Summit Road Los Gatos. ':A 95033 408J35~ 1052 """.(~ r "i'''' " '.~' , ?\'''' AN ASSESSMENT OF AN OLD V ALLEY OAK TREE AT WESTRIDGE COUNTRY CLUB HOMES CUPERTINO Prepared at the Request of: Dave Tydeman Westridge Country Club Homes C/o Community Management 1935 Dry Creek Road Campbell, CA 95008 Site Visit by: Barrie D. Coate Consulting Arborist February 5, 2004 Job #02-04-008 3-7- AN ASSESSMENT OF AN OLD VALLEY OAK TREE AT WESTRIDGE COUNTRY CLUB HOMES CUPERTINO Assignment Mr. Tydeman, asked me to meet him at 10166 English Oak Way in Cupertino to inspect an old valley oak tree which resides between that home and the nearest one to the north at 10176 English Oak Way. I met him on February 5, 2004, to perform that inspection and evaluation. Summary The tree in question is a very old valley oak that certainly preexisted the construction of the homes on this property. There were very large cuts made in numerous locations throughout the tree removing 18 to 24 inch diameter limbs back to flush cuts and as a result decay organisms have entered these large cuts and have traveled through the two largest structural parts of the tree. Since the conks (sporophores) from this disease have occurred in portions of the wood opposite or 3-4 feet from the openings. The implication is that the decay has traveled throughout the interior of these limbs and probably to a length far exceeding the sites of the conks and in my opinion, causing these portions of the tree to be highly prone to breaking out ofthe tree. If the two parts that are so badly infected were removed there would be virtually no tree left and if the ends of those limbs were removed sufficiently to prevent them from breaking off the remaining tree would be of no aesthetic value and the process would not in any case have removed the decay but merely postponed the time at which the tree would have to be removed. In my opinion, there is no question that this tree must be removed now and that it would be illogical and unnecessarily expensive to remove large parts of the tree to prevent limb drop and then return in a matter of just a few years to remove the entire tree. There is no chance that this tree can be made safe while it still has any reasonable semblance of a normal canopy and for this reason there is no solution to the hazard that this tree presents other than its removal. Observations The tree in question is a valley oak (Quercus lobata) of 52.6-inch trunk diameter at 3 feet above grade (above which the trunk begins swelling into major limbs). The tree is approximately 50 feet in height and has a branch spread 60 feet across east to west and 75 feet in spread north to south. The structure of the tree is composed primarily of two 3~-inch diameter main parts which lean in a southerly direction at a 15-25 degree angle. PREPARED BY: BARRIE D COATE, CONSULTING ARBORIST FEBRUARY 5, 2004 3-5 AN ASSESSMENT OF AN OLD VALLEY OAK TREE AT WESTRIDGE COUNTRY CLUB HOMES CUPERTINO 2 The largest diameter and heaviest of these which leans toward the homes on the south has a very large conk or sporophore of the canker rot (lnonolus hlSpldus) disease, a white rot which decomposes the cellular structure of the interior of the trunk and removes that woods' ability to provide structural support. The more vertical trunk has a wound at 20 feet above grade and 2 tèet below and 2 feet above that wound are more sporophores of the same disease. Note that the sporophore on the largest limb is emerging from the wood opposite the wound implying that the entire diameter of that trunk has been hollowed out by the disease. Testing Since in a case like this the question of degree of decay is pertinent to a decision of whether the tree is potentially safe or not I used a 1I8-inch diameter, l2-inch long drill bit to drill in six sites in the trunk and main limbs. In each case, both in the trunk and main limbs I found sound healthy wood to 4-6 inches of depth but found Inonotus decay (a condition which demonstrates dead vascular tissue which is not yet hollow) at just inside those dimensions at 4-6 inches of depth. At 10 inches of depth I found the south facing lowest limb to be hollow when I drilled at 8 feet above grade on the east side and at 7 feet above grade on the west side. This is entirely unsurprising since the decay organism which produce the conks has obviously caused this trunk to decay from the large wound downwards and upwards from the wound site. Surprisingly I found almost the equivalent condition in the main trunk in three locations, that is I found sapwood decay at approximately the same depth in the drill samples but in this case did not find a hollow condition II inches of depth in the trunk. Conclusions What this all means is that the south facing limb is actively dangerous and could break off at any time and that the logical conclusion is that since the same symptoms of decay are seen in the more vertical trunk that it is equally decayed and equally hazardous even though I didn't climb the tree to do drill samples in that upper part. Based on this infonnation, I could predict that 1) the tree will probably not break off at the ground or 3 feet above ground in the next few years but 2) the south facing lowest limb will probably break off in the foreseeable future if not removed or vastly reduced in length and 3) the more upward facing limb has an equal probability of breaking off at 20 feet above grade and falling on to the street light and into the street. Wherever these parts fall they will cause significant property damage. PREPARED BY: BARRIE D. COATE, CONSULTING ARBORIST FEBRUARY 5, 2004 3-9 AN ASSESSMENT OF AN OLD VALLEY OAK TREE AT WESTRIDGE COUNTRY CLUB HOMES CUPERTINO When all of these factors are taken into evidence it seems obvious to me that there is no option but to remove this tree. BDC/sl EncJosures: Assumptions and Limiting Conditions Diseases of Trees and Shrubs: Inonotus glomeratus Photos PREPARED BY: BARRIE D. COATE, CONSULTING ARBORIST Respectfully submitted, ~~,~ Barrie D. Coate FEBRUARY 5. 2004 3 3-10 Canker-rot caused by [nonotus glomeratus. I. glomeratus (syn. Polyporus glomeratus) occurs from coast to coast in Canada and the northern United States and extends southward to Florida in the East. It is most abundant in the Great Lakes region and eastward, where it causes white to light brown spongy heart rot of beech and red and sugar maples. In the West it occurs on paper birch, black cottonwood, and Oregon oak. Laurel oak is a host in the South. This fungus is also reported to occur on box elder, poplar (unspecified), viburnum, and, rarely, hemlock. I. g/omeratus is the most important trunk and butt decay pathogen of sugar maple in Ontario, accounting for 36% of the infections and 40% of decay volume in one study there. Most infec· tions begin at dead branches and stubs, although other wounds are also suitable. In beech, the initial site of infection is often a branch stub on the upper trunk. After decay is advanced, this fungus forms sterile punky masses (sterile conks) that replace branch traces, extending from a central column of white rot to the trunk surface or, in beech, as much as 7 -8 cm beyond the trunk. The surface of the sterile conk turns black, crusty, and cracked. Sterile conks are diagnostic. They are prominent on beech but are usually inconspicuous in irregular can- kers with raised margins on maple trunks. Cankers are usually lo- cal ized but occasionally become elongate on maples, perhaps reflect· ing the shape of the wound where infection began. Cankers on beech tend to be inconspicuous around sterile conks but sometimes also develop raised callus rolls at the margins. I. g/omeratus causes cankers in the manner described and illustrated for canker-rot of birch (Plate 170). I. glomeratus was formerly confused with·l. andersonii because both may form yellow-brown sheetlike basidiocarps on dead trees or tree parts. Records of I. glomeratus on willow are thus suspect. Basidio- carps of I. glomeratus but not I. andersonii often grow shelflike, at least in part, and form on bark rather than beneath it. They appear 3-4 years or more after tree death, usually on fallen trunks. The two fungi are also distinct in cultural characteristics and temperature optima for growth, I. andersonii growing most rapidly near 35°C, while I. g/omeratus grows best near 25°C. 3-/1 , .' .... - 3>- I ;;0 An Assessment Of An Old Valley Oak Tree At Westridge Country Club Homes, Cupertino Prepared By: Barrie D. Coate, Consulting Arborist +- Photo 1 - f.s seen from the east. ¡ Photo 2 - As seen from the west. February 5, 2004 3-13 An Assessment Of An Old Valley Oak Tree At Westridge Country Club Homes, Cupertino ~ Photo 3 - As seen from the east; note large decay site in the north facing limb. ~ Photo 4 - The main south facing limb is decayed. Prepared By: Barrie D. Coate, Consulting Arborist February 5, 2004 3-14- An Assessment Of An Old Valley Oak Tree At Westridge Country Club Homes, Cupertino t Photo 5 - Showing the large Inonotus conk opposite the wound. t Photo 6 - Tissue from the Inonotus sporophore. Prepared By: Barrie D. Coate, Consulting Arbonst February 5, 2004 3-1 ::, An Assessment Of An Old Valley Oak Tree At Westridge Country Club Homes, Cupertino . Y.~ l.··.·ft.·.., ,:-.'(~ .. ,..J. -,.;'/.' ",'._, 'lti,;' t Photo 7 - Sporophores on the south-west facing limb. ..... <\- .' . .f '. . "'., . , . ! ~ Photo 8 - Dead vascular tissue from the south facing limb. Normal vascular tissue. Prepared By: Barrie D. Coate, Consulting Arborist February 5, 2004 3-1 CD - BARRIE D. COATE and ASSOCIATES Horti cutural Consultants 23535 Summit Road Los Gatos, CA 95033 4081353-1052 ASSUMPTIONS AND LIMITING CONDITIONS 1. Any legal description provided to the appraiser/consultant is assumed to be correct. No responsibility is assumed for matters legal in character nor is any opinion rendered as to the quality of any title. 2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of information provided by others. 3. The appraiser/consultant shall not be required to give testimony or to attend court by reason of this appraisal unless subsequent written arrangements are made, including payment of an additional fee for services. 4. Loss or removal of any part of this report invalidates the entire appraisal/evaluation. 5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person(s) to whom it is addressed without written consent of this appraiser/consultant. 6. This report and the values expressed herein represent the opinion of the appraiser/consultant, and the appraiser's/consultant's fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported. 7. Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys. 8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and procedures, as recommended by the International Society of Arboricu Iture. 9. When applying any pesticide, fungicide, or herbicide, always follow label instructions. 1O.No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by climbing. A full root collar inspection, consisting of excavating the soil around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We cannot take responsibility for any root defects which could only have been discovered by such an inspection. CONSULTING ARBORIST DISCLOSURE STATEMENT Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. æ~ ,¿;.~ Barrie D. Coate ISA Certified Arborist Horticultural Consultant 3-1"1- TR-2004-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6271 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REQUEST TO REMOVE OVER 25% OF THE CANOPY OF A 53-INCH V ALLEY OAK TREE IN A PLANNED RESIDENTIAL DEVELOPMENT SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2004-05 Nathan Lewis (Westridge Homeowners Association) 10166 English Oak Way SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove more than 25% of the canopy of a Valley Oak tree, as described in this Resolution; and WHEREAS, the applicant has met the burden of proof required to support removal of this tree and has satisfied the following requirements: 1) The Valley Oak, due to the presence of a disease, has major limbs that are susceptible to failure, and that the removal of these limbs is to protect the health and safety of nearby residents. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application for Tree Removal is hereby approved as modified; 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 TR-2004-05, as set forth in the Minutes of the Planning Commission Meeting of September 13, 2004 are incorporated by reference herein. Resolution No. 6271 Page 2 TR-2004-05 09/13/04 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION The removal of three major limbs constituting over 25% of the canopy of a 53-inch diameter Valley Oak Tree in the common yard area of a planned residential development near 10166 English Oak Way is authorized. 2. MITIGATION OF LIMB FAILURE The applicant shall install steel bracing and cabling to support the remaining limbs subject to the approval of Planning staff based on recommendations from the City's consulting arborist. The installation of the bracing shall occur within one month of the cutting of the major limbs referenced in Condition 1. 3. FUTURE ACTION AUTHORIZED During or following the completion of the work described in Condition 2, Planning staff may authorize additional limb removal or removal of the entire tree if the Homeowners Association provides an certified arborist's assessment that (1) it is discovered during the limb cutting proposed at this time that due to the degradation of the remaining limb(s), it is impossible to attach steel bracing and cabling to said limb(s); or (2) following the installation of the steel bracing and cabling, one or more limbs start to show signs of structural failure. 4. REPLACEMENT REOUIREMENT In the event that the tree is removed in its entirety, the replacement shall be two 24" box Valley Oak trees in the northwest common area of the complex. 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. Resolution No. 6271 Page 3 TR-2004-05 09/13/04 PASSED AND ADOPTED this 13th day of September 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chen, Giefer, Miller and Acting Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chairperson Saadati ATTEST: APPROVED: I sl Steve Piasecki Steve Piasecki Director of Community Development Isl Gilbert Wong Gilbert Wong, Acting Chairperson Cupertino Planning Commission CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2004-04 Applicant: Etsuko Kuromiya (Wayne Gong) Location: 19990 Homestead Road Agenda Date: September 13, 2004 Application Summary: Modification of a Use Permit (U-2004-02) to extend the hours of operation from 11 PM to 2 AM and to change a condition requiring the use of Studio 4 as a storage room. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. The Use Permit Modification, file number M-2004-04, in accordance with the model resolution; Project Data: General Plan Designation: Zoning Designation: Acreage (Gross): Height: Parking: Commercialj Residential P(CG) 1.68 acres 16'_6" Shared Parking Plan Project Consistency with: General Plan: Yes Zoning: Yes Environmental Assessment: Categorically Exempt BACKGROUND: The applicant received approval from the Planning Commission for a karaoke studio, Gamba Karaoke, at the Oakmont Square shopping center located near the southeast corner of Homestead Road and Blaney Avenue on April 12, 2004. Peacock Lounge Adjacent to the karaoke studio is the Peacock Lounge, a bar with food services. The Peacock Lounge has been located in the Oakmont Square center since 1966 and is open until 2 AM. In the 1960s, the City did not regulate hours of operation, so the Peacock Lounge is a legal non-conforming use. DISCUSSION: Late Night Activities The applicant requests an extension to their operating hours from an 11 PM closure to a 2 AM closure. Commercial activities after 11 PM are not permitted without a Conditional Use Permit, since late night activities have a higher probability of causing 5-1 Application: M-2004-04 September 13, 2004 impacts on adjacent neighborhoods. The Use Permit review is necessary to ensure that the proposed use will not negatively impact nearby residents or properties. The karaoke studio has been in operation for a number of months, and the City has not received' any neighbor complaints about the studio or their patrons. Staff received a letter from a resident in the condominium complex at the southwest corner of Homestead Road and Blaney Avenue. The letter raises concerns that the mix of bar patrons and karaoke patrons may "pose a potential noise" problem. Without evidence of noisy karaoke patrons loitering in the parking lot after they leave the studio or concerns from the Sheriff, staff has no reason to believe that late night operation of the karaoke studio will negatively affect neighbors. John Hirokawa of the Santa Clara County Sheriff has no concerns with the extended hours since alcohol is not served or allowed in the studio. The applicant provided client data for the karaoke studio from June 8, 2004 until July 30,2004 (attached as Exhibit A). Staff generated a chart from the applicant's data that shows that the majority of activity occurs between the hours of 8 PM and 11 PM between Friday and Sunday night. If the Commission believes that allowing the studio to operate until 2 AM every night will cause negative impacts on neighbors, then staff recommends that the Commission consider allowing the late night operation on Fridays, Saturday and Sunday nights only. This will reduce the potential impact on neighbors while allowing the applicant the late night hours when they appear to be needed the most. Another option is to allow the studio to be open until midnight or 1 AM instead of 2 AM. A condition in the model resolution allows the Planning Commission to revisit the hours of operation at their discretion. This will allow the Commission to address neighbor complaints concerning the studio if they arise in the future. Parking The original Use Permit was approved based on a parking ratio of 1 stall for every 4 occupants of the karaoke tenant space. As part of the Use Permit, the applicant agreed to convert Room 4 to a storage room, thus reducing the total occupancy and parking demand for the proposed use. The Use Permit called for staff and the applicant to revisit the parking ratio applied to this use after six months, which will be in mid- October of 2004. Since the karaoke studio has not had a time when all the studio rooms were used, it is not possible to determine if the conversion of Room 4 will cause a parking problem. Staff expects that Room 4 could generate the need of two to three parking stalls at most, S-ó0 2 Application: M-2004-04 September 13, 2004 which should not be significant in the late night hours when many of the other uses are closed. If the Commission is uncomfortable with this change, the Commission should approve a condition that requires that a future conversion be allowed with a Director's Minor Modification, if evidence is provided to show that the conversion will not impact parking. Enclosures: Model Resolution Planning Commission Resolution No. 6237 Plan Set Applicant's Client Activity Data Graph: Karaoke Studio: Arriving Groups by Time and Day Letter from Affected Neighbor Submitted by: Peter Gilli, Senior Planner _ ~ APproved by: Steve Piasecki, Director of Community Development, V" _,;, DiU~ ~ .-d.cÂkw/ s-s 3 M-2004-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION OF TO A USE PERMIT TO ALLOW LATE NIGHT OPERATIONS FOR A KARAOKE STUDIO AND DENYING A REQUEST TO CONVERT A STORAGE ROOM INTO A STUDIO ROOM IN A COMMERCIAL SHOPPING CENTER. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: M-2004-04 Etsuko Kuromiya (Wayne Gong) 19990 Homestead Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Modification of a Use Permit, 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 one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposed extended hours, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposed extended hours will be located and conducted in a manner in accord with the Cupertino General Plan and the purpose of this title; 3. Sufficient data has not and cannot be provided at this time to determine whether the proposed conversion of a storage room into a studio room will have parking impacts. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. M-2004-04 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 M-2004-04, as set forth in the Minutes of the Planning Commission Meeting of September 13, 2004, and are incorporated by reference herein. 5-4 Resolution No. Page 2 M-2004-04 September 13, 2004 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. AMENDMENT TO RESOLUTION NO. 6237 This resolution replaces and nullifies Planning Commission Resolution No. 6237. 2. APPROVED EXHIBITS Approval is based on the plan set entitled "Gamba Karaoke@ Oakmont Square Center" by Wayne Gong, except as may be amended by the conditions contained in this approval. 3. HOURS OF OPERATION The operation may run during regular commercial business hours except that the closing time for the karaoke studio [Pick a or b and a specific time 1 a. The closing time for the karaoke studio shall be midnightfl AMf2 AM. b. The closing time for the karaoke studio on Fridays, Saturdays and Sundays shall be midnightfl AMf2 AM. 4. INTERIOR CONDITIONS All studio rooms shall have windows, which shall provide clear and unobstructed views into each room at all times. The windows shall be located on doors and on walls as shown in the plan set. The minimum window size on the interior doors is 24" x 24". The intent of this condition is to have as much of the room visible from the hallway as possible. Control of lighting in the studio rooms shall be restricted in such a way that clients cannot dim or turn off the lights. Studio doors may not be locked from the inside. 5. EXTERIOR WINDOWS Window frontages shall be uncovered to allow visibility in.to the tenant space, subject to approval of Planning staff. 6. CONVERSION OF ROOM 4 [Pick a or bl a. The conversion of Room 4 to a studio room is not approved. At such time that sufficient data can be provided to show that the use of Room 4 as a studio room will not cause parking problems in the center, Room 4 may be converted with the approval of a Minor Modification by the Director of Community Development without a public hearing. b. The conversion of Room 4 to a studio room is approved. 7. ALCOHOL No alcohol shall be allowed within the tenant space. This includes direct sale of alcohol, or patrons bringing alcohol in from outside the studio. 5-5 Resolution No. Page 3 M-2004-04 September 13, 2004 8. KARAOKE PARKING RATIO The parking ratio for the karaoke studio use shall be 1 space for every 4 occupants in the entire tenant space. The Director of Community Development has the authority to adjust the parking ratio with a Minor Modification based on substantive evidence provided by the applicant or an interested party. 9. SHARED PARKING PLAN A shared parking plan is approved for this site based on Table 19.100.040 C of the Cupertino Municipal Code, using Condition 8 as the determinant of the parking standard for the karaoke studio use. The Director of Community Development has the authority to adjust or eliminate this shared parking plan with a Minor Modification based on substantive evidence provided by the applicant or an interested party. 10. PLANNING COMMISSION AUTHORITY TO REVISIT The Planning Commission reserves the right to review this permit at any time based on complaints or City observations of any negative impacts associated with any aspect of the karaoke studio use. 11. 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 13th day of September 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Acting Chairperson Cupertino Planning Commission ::'-(0 U-2004-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6237 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW A KARAOKE LOUNGE AND A SHARED PARKING PLAN AT THE OAKMONT SQUARE. SECTION I: PROTECT DESCRIPTION Application No.: Applicant (s): Property Location: U-2004-02 Etsuko Kurorniya (Wayne Gong) 19990 Homestead Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, 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 one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposed use will be located and conducted in a manner in accord with the Cupertino General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. U-2004-02 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 U-2004-02, as set forth in the Minutes of the Planning Commission Meeting of April 12, 2004 and are incorporated by reference herein. S-1- Resolution No. 6'237 Page 2 U-2004-02 April 12, 2004 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Sheet P-1.1 titled "Gamba Karaoke @ Oakmont Square Center" except as amended by this resolution. 2. CLOSING HOUR The operation may run during normal commercial business hours. The closing time shall be 11 pm. 3. INTERIOR CONDITIONS All lounge rooms shall have windows, which shall provide clear and unobstructed views into the room at all times. The windows shall be located on doors and on walls as shown in the plan set. The minimum window size on the interior doors is 24" x 24". The intent is to have as much as the room visible from the hallway as possible. Control of lighting in the lounge rooms shall be restricted in such a way that clients cannot dim or turn off lights. Studio doors may not be locked from the inside. Room 4 shall be used as a storage room. 4. ALCOHOL No alcohol shall be allowed within the tenant space, This includes on-site sale of alcohol, or patrons bringing alcohol in from off-site. 5. KARAOKE PARKING RATIO The parking ratio for the karaoke use shall be 1 space for every 4 occupants in the entire tenant space. Six months after the karaoke studio opens, the Director of Community Development will review data collected by the property owner concerning the appropriateness of the karaoke parking ratio, and îf necessary, adjust the ratio. If additional parking is needed, the project will be brought back to the Planning Corrunission. 6. SHARED PARKING PLAN A shared parking plan is approved for this site based on Table 19.100.040 C of the Cupertino Municipal Code, using Condition 3 as the determinant of the parking standard for the karaoke use. At the six-month review of the parking situation, the Director of Community Development may amend or eliminate this shared parking plan. 7. SHERIFF APPROVAL The Sheriff's Department shall approve the tenant improvement plans prior to issuance of building permits. 5--'0 Resolution No. 6237 Page 3 U-2004-02 April 12, 2004 8. PATRON BEHAVIOR The Planning Commission reserves the right to review this use permit at any time based on complaints or reports concerning the behavior of patrons of this use. 9. 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 ¡¡xactions. 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 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and Chairperson Saadati COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: AYES: ATTEST: APPROVED: I sl Steve Piaseckí Steve Piasecki Director of Community Development 151 TaghiSaadati Taghi Saadati, Chairperson Cupertino Planning Commission c:\ PlrlJlJlilJg\ l'DJŒPORT\ RES\ U-2004-02 ,."Aoc 5-1 Total Sales 8554.4 2004/6/8 Tue Time How many people_ Hrs RM charg~ Drink/onigil go home ti Sales 13 " 3 45 0 17 3 2 30 0 19 7 2 40 15.5 21 2 1.5 30 0 23 21 2 1.5 30 0 23 Mon 175 15.5 190.5 Tue Wed 2004/6/9 Thur Wed. 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GI .r:;¡ ,1 .::o::(f) OD.. ~ ::J I'S e :::s::(9 OJ c '> 1:: '- «( \[) '" '" ...... \[) - 5-';>0 o ~ D (f) '- ::J J:: I- :>. ~E o Q) Q) C .cD ....... Q) Ö5 "<;"Q):>' E ro ._ D I- (f) Q) ::J I- ~ D C o ¿: ~ "...... » ro D ~§ <,00(1) Q)~ ED .....'- o ::J Q)ro E(I) ¡::::>. ro D .¡:: LL ~ August 17, 2004 City of Cupertino, Department of Community Development 10300 Torre Avenue, Cupertino, CA 95014, 408-777-3308 Attn: Peter Gilli, AICP, Seuior Planner, City Of Cupertino, 408-777-3313. peterg@cupertino.org RE: the Notice Of Public Hearing, A.P.N. 316-37-008 received by me on 7/31, I wish to thank you for your time at the close of the Cupertino Planning Commission meeting in City Hall on the evening of Man, 8/9 at 6:45pm. Thank you for explaining that the public hearing of Man, 8/9 was continued to Man, 9113 at 6:45pm at City Hall. I will be there. I wish to register my concern re: proposed modification of use pennit (U-2004-2) that would extend hours of operation for a karaoke studio at 19990 Homestead Road to 2:am. I call your attention to my enclosed letter of 4/8 c/o Steve Piasecki, Director of Community Development. re: my concern about the karaoke studio at Blaney and Homestead next to the Peacock Lounge sports bar. As a 25-year resident homeowner and Cupertino taxpayer with a townhome in the Northpoint planned unit development directly across the street from the karaoke studio, I am concerned that patrons of the proposed karaoke studio might choose to park in Northcrest Square and Northwind Square. I again raise this concern in light of current parking problems involving patrons of the Peacock Lounge who park in Northwind and Nortbcrest Squares late at night. On another front, the mix of sports-bar patrons from the Peacock Lounge and music lovers from a karaoke studio next door pose a potential noise and law enforcement problem. From our brief meeting on 8/9 I uuderstand that no one has applied for a liquor license at the karaoke studio in question. And, thank you for confirming that the lease for the Peacock Lounge adjacent to the karaoke studio is not being renewed by Mr. Wayne Gong, owner of the mall where both, the Peacock Lounge and karaoke studio ,arc located. Thank you for clarifYing that no alcoholic beverages of any kind may be sold or provided at the karaoke studio. Thank you for explaining on 8/9 that proposed modification to divide a closed room at the karaoke studio is now being considered in an update of the original use pennit (U-2004-02) for the karaoke studio. I am noting that your response to my question re: potential overflow parking from the karaoke studio into Northcrest and Northwind Squares might be alleviated by customers who would car-pool. Finally, per our meeting of 8/9, I understand that the Santa Clara County Sheriffs Office has not weighed in re: the proposed 2 :am ex1ension of operating hours at the karaoke studio. ' If, for any reason, application M-2004-04 APN: 316-03-039 re: the karaoke studio will not be heard by the planning commission on Man, 9/13, at 6:45pm in city hall, please notifY me by phone and/or letter with the new date and time for a hearing on this issue. Sincerely yours, þ1t.ß£}--_ ¿é~~ ~/Ja11les F. Ashborn., 20132 Northcrest Square, Cupertino, CA 95014-0512. ph: 408-257-2423 cc: Celeste Starr, on-site mgr, Community Mgt Svcs, Inc., 10880 Northpoint Way, Cupertino, CA 95014. phone: 408-996-3734 S-õ?\ 20132 Northcrest Square Cupertino, CA 95014-0512 April 8, 2004 City of Cupertino Department of Community Development 10300 Torre Avenue Cupertino, CA 95014 408-777-3308 Attn: Steve Piasecki, Director of Community Development RE: your Notice Of Public Hearing, A.P.N. 316-37-008 received by me on 4/1, please note my concem about a potential 3,400 square foot karaoke studio at Blaney and Homestead next to the Peacock Lounge sports bar. As a 25-year resident homeowner and Cupertino taxpayer of a townhome in the Northpoint planned unit development directly across !be street from the proposed karaoke studio, I am concerned that patrons of the proposed karaoke studio might choose to park in Northcrest Square and Northwind Square. I raise this concern in light of current parking problems involving patrons of the Peacock Lounge who park in Northwind and Northcrest Squares late at night. On another front. the mix of sports-bar patrons from the Peacock Lounge and music lovers from a karaoke studio next door pose a potential noise and law enforcement problem. Please respond with your comments re: my two issues of concern tied to the proposed karaoke studio adjacent to the Peacock Lounge sports bar. Sincerely yours, James F. Ashborn cc: Celeste Starr. on-site mgr, Community Mgt Svcs, Inc., 10880 Nortbpoint Way, Cupertino, CA 95014, phone: 408-996-3734 S-.;;¡~ M-2004-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6272 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION OF TO A USE PERMIT TO ALLOW LATE NIGHT OPERATIONS FOR A KARAOKE STUDIO AND DENYING A REQUEST TO CONVERT A STORAGE ROOM INTO A STUDIO ROOM IN A COMMERCIAL SHOPPING CENTER. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: M-2004-04 Etsuko Kuromiya (Wayne Gong) 19990 Homestead Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Modification of a Use Permit, 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 one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposed extended hours, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposed extended hours will be located and conducted in a manner in accord with the Cupertino General Plan and the purpose of this title; 3. Sufficient data has not and cannot be provided at this time to determine whether the proposed conversion of a storage room into a studio room will have parking impacts. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. M-2004-04 is hereby approved; and Resolution No. 6272 Page 2 M-20Q4-04 September 13, 2004 That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application M-2004-04, as set forth in the Minutes of the Planning Commission Meeting of September 13, 2004, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. AMENDMENT TO RESOLUTION NO. 6237 This resolution replaces and nullifies Planning Commission Resolution No. 6237. 2. APPROVED EXHIBITS Approval is based on the plan set entitled "Gamba Karaoke @ Oakmont Square Center" by Wayne Gong, except as may be amended by the conditions contained in this approval. 3. HOURS OF OPERATION The operation may run during regular commercial business hours except that the closing time for the karaoke studio may be open until midnight on Sundays, 1 AM on Monday, Tuesday, Wednesday and Thursday, and 2 AM on Friday and Saturday. 4. INTERIOR CONDITIONS All studio rooms shall have windows, which shall provide clear and unobstructed views into each room at all times. The windows shall be located on doors and on walls as shown in the plan set. The minimum window size on the interior doors is 24" x 24". The intent of this condition is to have as much of the room visible from the hallway as possible. Control of lighting in the studio rooms shall be restricted in such a way that clients cannot dim or turn off the lights. Studio doors may not be locked from the inside. 5. EXTERIOR WINDOWS Window frontages shall be uncovered to allow visibility into the tenant space, subject to approval of Planning staff. 6. CONVERSION OF ROOM 4 The conversion of Room 4 to a studio room is approved. 7. ALCOHOL No alcohol shall be allowed within the tenant space. This includes direct sale of alcohol, or patrons bringing alcohol in from outside the studio. Resolution No. 6272 Page 3 M-2004-04 September 13, 2004 8. KARAOKE PARKING RATIO The parking ratio for the karaoke studio use shall be 1 space for every 4 occupants in the entire tenant space. The Director of Community Development has the authority to adjust the parking ratio with a Minor Modification based on substantive evidence provided by the applicant or an interested party. 9. SHARED PARKING PLAN A shared parking plan is approved for this site based on Table 19.100.040 C of the Cupertino Municipal Code, using Condition 8 as the determinant of the parking standard for the karaoke studio use. The Director of Community Development has the authority to adjust or eliminate this shared parking plan with a Minor Modification based on substantive evidence provided by the applicant or an interested party. 10. PLANNING COMMISSION AUTHORITY TO REVISIT The Planning Commission reserves the right to review this permit at any time based on complaints or City observations of any negative impacts associated with any aspect of the karaoke studio use. 11. SIGN AGE IN PARKING LOT The property owner shall install signs in the parking lot directing patrons to be sensitive to nearby residents with their noise generation. The wording of the sign shall be approved by Planning Staff. 12. SIGN AGE AT MAIN EXIT OF THE LOBBY The applicant shall install a sign at the main exit of the lobby directing patrons to be sensitive to nearby residents with their noise generation. The wording of the sign shall be approved by Planning staff. 13. 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. Resolution No. 6272 Page 4 M-2004-04 Septernber13,2004 PASSED AND ADOPTED this 13th day of September 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Giefer, Miller and Acting Chairperson Wong COMMISSIONERS: Chen COMMISSIONERS: COMMISSIONERS: Chairperson Saadati ATTEST: APPROVED: I sl Steve Piasecki Steve Piasecki Director of Community Development Is I GilbertWon~ Gilbert Wong, Acting Chairperson Cupertino Planning Commission ; r~~1 _om '" " Q ....;.....-~L i, ~ .,_n..; í~i\.- I f'RIIIU ....... g ~ ~ g NO 5CAE jE)IVWOCII : -= I r '. ~ ~ ! ! =¡ ~ ~ APPlICA8LE CGÒES o XIOICAUftIRtM&I.II..oW6GGIDE o XIOICAUfORN~HlttW«:ALèœE o m~PW1~Nst6:JE o XIOIGALlI'I:IRIM_coœ o D:1INA1IONALEI.ECIJICIoLCODE o XIOIGALlf'tIRNLt.Ff£COŒ {} {} <} <> I I , I I , h PROJEcr sLÌ1HAJ1' 1 ~$iTE"'~I3,DOO5f.("AaIES 2 trtrJL+ ~Nl51'_.N..UTatt ,. tWituk"6ÎiœAl'l'll()(,W'" _~ .. ~W+~'11tQ;,aI5f(1'Ø0f.Q.IfWICT-tœ 5 INCtIG: SIl~INfEI\NINlDPRØI6~ ..ø. HQSŒOÆMMt n:OOAM . rtOOMIN6IfI' 1. A)REQ5TtISf·RfT.....·PROfO!iEDIf5I!,r.M4IJŒtttI§I(;.1lI$I'IIOJECf GOII'SISI'~A\IIIGANT~SMaI'l]lAICIAI«!I1USIGUS!. IInHNr;DESlGlM11ON.6ENfIW.~ J PAVII6t~ PØllfatn'II!NOVAWHWOIIINWUItIUt!DN rJ_~I'I'!I:BA,¡>,N.Jlf.OS.œI!iI NOT ,A. PART OF THtSPROJECT lJ:[ II EXl5l'1N&I2EI'Þl.ŒNlER UOOS.P. RRr'RTVF:D JUN 3 0 2004 BY:j U'lEACOCCC L_ otMAOCŒ ~ @! f ..~ d ,~ . ~ ~ ! tìj~] ,g..j s S ~ s I "§ ; C ;; ~ - ,~. - 6d@ ,~ . . ... = &lrm...._"""<iÞAI7'G 6TIII!GIU.R!!iIŒ 15C(Jt',t.Q5I:Œ(1M) 2 DAlU5/I&fDAUE55) . . ~ u - ~ .- , - J- a"",,, - H16!:>F l,aSl' l«lO~ 2;1009 .... ~ ~ I Q .J11 . ~ B ~ ~ ...,- .. .... y///// T - ~ '1 (!)2S1OR\'~SONrt' '¡H,L -- """ (t.)JEM5fliI.JMl5Ul'lN6~TIONYARD .J. SITE PLAN ffi SCALE: 1116':1'_00 NORTH ELEVATION ¡-__ --.-I WEST ELEVATION EXTERIOR ELEVATIONS SGU: 1otI',r-O" BUILDING °A' I ":"'~VAI tYJ- ~....~ 4_~. A.~..¡""P;",Dk.. Pia/ming COlI/mISS/1I1I q ~ 3 / Dt 7:&)'''' , ef'" 5lm. Y Signalure .. ....,~,.. ""'.1 C.JSt'l\i!lmUl:cr 2 -.........-...:: CJ o@. 1N',,,er- ......" :~:\ 0 :1.?o . TOTAL OCCUP INDICATfD, 101 PørlIng: f07+3:35,67or361)GU1 ENLARGED FLOOR PLAN mf: lII".r.O" ~ ¡po!'l