Reso 2995 APPLICATION 9-U-83 (REVISED)
CITY OF CUPERTINO
10430 S. DE ANZA BOULEVARD
® CUPERTINO, CALIFORNIA 95014
RESOLUTION NO. 2995
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING MINOR MODIFICATIONS TO THE USE PERMIT
APPLICATION (9-U-83 REVISED) AFFECTING TREE
PRESERVATION, BIKE PATH, SIDEWALK/STREET
WIDTHS AND THE ENERGY PLAN.
FINDINGS:
The Planning Commission finds that the modifications as approved herein,
are minor in nature and do not significantly alter the development plan as
specified in Condition 23 of Application 9-U-83.
The Planning Commission finds the changes do not affect the general
appearance of the area or the interests of owners of property within or
adjoining the development area.
The Rainbow Drive bicycle path required by conditions of approval to be
separate and independent of the Rainbow Drive roadway area is impractical
and conflicts with other conditions of approval. The Commission finds
that elimination of the separated bike path in favor of one located in the
roadway area is not a significant variation from the approved conditions.
The Commission finds that the principal objective of Condition 20 of
Application 25-Z-80 is to achieve reduction of 75% of the heating
requirements. The energy code requirements of Title 24 require equivalent
reduction in heating requirements and therefore, fulfill the requirements
of Condition 20.
CONDITIONS:
1. APPROVED EXHIBITS
The minor modification is approved based upon the Exhibits labeled I,
J, J-1, J-2, K and the Tree Impact Report prepared by A-Best Tree
Experts dated January 20, 1987 of Application 9-U-83 (Revised) as may
be amended by additional conditions contained herein.
411
RESOLUTION NO. 2995 (9-U-83 (REVISED)) 2/23/87
PAGE 2
40 2. TREE PRESERVATION
The tree preservation and retention details are approved as presented
by the applicant for the perimeter and interior trees with the
following additional stipulations:
a. The 10 Walnut trees located on the west end of the site, may be
removed provided they are replaced with a deciduous tree of at
least 24 inch box size to be approved by staff at the building
permit level.
b. The orchard trees, delineated on the approved plans to be
retained, may be removed due to grading, provided that they are
replaced with a deciduous tree which may or may not be of a
fruitbearing variety. Said deciduous trees shall be replaced in
the approximate number and location as delineated on Exhibit A
2nd Revision of Application 9-U-83 (Revised) .
PASSED AND ADOP1 this 23rd day of February, 1987, at a regular meeting
of the Planning Commission of the City of Cupertino, State of California,
by the following roll call vote:
AYES: COMNIISSIONERS: Claudy, Sorensen, Szabo, and
110 Chairman MacKenzie
NAYS: COMNIISSIONERS: None
ABSTAIN: COMMIISSIONERS: None
ABSENT: COMMISSIONERS: Adams
ATTEST: APPROVED:
Ul*S(trua0d1A-
Robert S. Cowan Do Ma ie, irman
Planning Director Planning Commission
RES9U83(S1)