HomeMy WebLinkAboutPC Resolution No. 2026-07CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2026-07
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A TREE REMOVAL PERMIT TO ALLOW FOR THE
REMOVAL AND REPLACEMENT OF FOUR OAK TREES IN
ASSOCIATION WITH REAR YARD IMPROVEMENTS
AND A PROPOSED TWO-STORY RESIDENCE
LOCATED AT 22068 SAN FERNANDO COURT
(A.P.N. 35712 012)
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2024-043
Applicants: David Kuoppamaki
Location: 22068 San Fernando Court; APN: 357 12 012
SECTION II: FINDINGS FOR A TREE REMOVAL PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tree Removal Permit as described in Section I of this Resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons
set forth in the staff report dated February 24, 2026 and incorporated herein; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public meeting in regard to the application; and
WHEREAS, on February 24, 2026, the Planning Commission held a duly noticed public
hearing to receive public testimony on the Project, including the categorical CEQA
exemption in CEQA Guidelines section 15303, and reviewed and considered the
information contained in the staff report pertaining to the Project, all other pertinent
documents, and all written and oral statements received by the Planning Commission at
or prior to the public hearing; and
Resolution No. 2026-07 TR-2024-043 February 24, 2026
Page 2
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission must make one of the following findings in order
to approve the tree removal permit; and
1. That the tree or trees are irreversibly diseased, are in danger of falling, can
cause potential damage to existing or proposed essential structures, or
interferes with private on -site utility services and cannot be controlled or
remedied through reasonable relocation or modification of the structure or
utility services; or
2. 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); or
3. That the protected tree(s) are a detriment to the subject property and cannot be
adequately supported according to good urban forestry practices due to the
overplanting or overcrowding of trees on the subject property; or
4. That the mature specimen trees with single trunk between twelve inches DBH
and twenty-four inches DBH, or multi -trunk between twenty-four inches DBH
and forty-eight inches DBH in R1, Al, A, RHS, and R2 zones will be replaced
by planting a replacement tree and/or by contribution to the City's Tree Fund.
WHEREAS, the Planning Commission was unable to make any of the above findings
since the removals were proposed in conjunction with improvements the Commission
did not approve and advised the applicant to reduce the scope of improvements and tree
removals on the site; and
NOW, THEREFORE, BE IT RESOLVED that:
1. After careful consideration of the maps, facts, exhibits, testimony and other
evidence submitted in the matter, the Planning Commission hereby DENIES
the application for a Tree Removal Permit, Application no. TR-2024-043.
2. The conclusions and sub -conclusions upon which the findings specified in this
resolution are based, including those contained in the Public Hearing record
concerning Application no. TR-2024-043 as set forth in the Minutes of Planning
Commission Meeting of February 24, 2026, are hereby incorporated by
reference as though fully set forth herein.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing recitals are true and
correct and are included herein by reference as findings.
Resolution No. 2026-07 TR-2024-043 February 24, 2026
Page 3
PASSED AND ADOPTED this 24t1 day of February, 2026, Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Kosolcharoen, Fung, and Lindskog
NOES: COMMISSIONERS: Scharf and Rao
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
ATTEST:
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Piu Ghosh
Planning Manager
APPROVED:
Tracy Kosolcharoen
Chair, Planning Commission