Reso 2556 25-U-81 (Revised)
RESOLUTION NO. 2556 .
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
t, RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION
TO AMEND CONDITION 21 TO ALLOW REMOVAL OF A 24 INCH
ASH TREE.
APPLICANT: Nicholas A. Speno
ADDRESS: 1142 South Winchester Boulevard,
San Jose, California 95128
SUBMITTED: August 10, 1984
LOCATION: Southwest corner of Stern Avenue and Stevens Creek •
Boulevard
All conditions of Planning Commission Resolution No. 2268 shall
remain in full force and effect except Condition 21 which is
hereby amended to read as follows:
21 . The existing Ash trees along Stern Avenue shall be
preserved: A tree protection plan prepared by a licensed
landscape architect or tree surgeon shall be submitted at
the building permit level . The plans shall be implemented
during construction to ensure survival of the Ash trees.
The plan shall address whether permeable paving materials
and/or root feeders in the adjoining pavement areas are
necessary.. The 24 inch Ash on the northeast corner of the •
110 site may be removed subject to the planting of four (4)
replacement trees as indicated on the revised landscape
plan, labeled Exhibit C of Application 25-U-81 (Revised) .
Prior to removal of the 24 inch Ash tree, the City shall
select an arborist. to prepare a report as to whether or not
the tree can be saved. The cost of said report shall be
borne by the applicant. If it is determined that the tree
can be saved, it shall be.
PASSED AND ADOPTED this 10th dayof September, 1984, at a regular
meeting of the Planning Commission of the City of Cupertino, . by
the following roll call vote:
AYES: Commissioners Adams, Claudy, k:oenitzer, Szabo,
Chairperson Blaine
NAYS: None
ABSTAIN: None
ABSENT: None •
0 ATTEST: APPROVED:
1sL James H. Sisk /s/ Sharon Blaine
James H. Sisk Sharon Blaine, Chairperson
Planning Director Planning Commission
CITY OF CUPERTINO •
City Hall, 10300 Torre Avenue
Cupertino, California 95014 •
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT
WHEREAS , the Planning Commission ;of, the City of Cupertino received
an application for a USE PERMIT, as stated on Page 2 ; and
WHEREAS , the applicant has met the burden of proof required to
support said application; and Ii
WHEREAS , the Planning Commission Minds that the application meets
the following requirements :
a. That the use or uses areNin conformance with the general
plan and is not detrimental to existing uses or to uses
specifically permitted in the zone in which the proposed
use is to be located.
b.. That the property involv1d; is adequate in size and shape
to accommodate the proposed use.
c. That the proposed use will not generate a level of traffic•
over and beyond that of the capacity of the existing street
system.
d . That the proposed use is otherwise not detrimental to the
health, safety, peace, morals and general welfare of persons
residing or working in the neighborhood of such proposed use.
nor injurious to propertyiand improvements in the neighbor-
hood. h
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of .maps , facts , exhibits and other
evidence submitted in this matter , : the application of the USE PERMIT
is hereby recommended for approval', subject to the conditions stated
on Page 2 ; and
BE IT FURTHER RESOLVED: —
That the aforementioned findings be approved and adopted , and that
the Secretary be , and is hereby directed to notify the parties
affected by this decision.