TR-2011-31b City of Cupertino
, . � 10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
C U P E�T 1 N O FAX (408) 777-3333
Community Development Department
September 28, 2011
Cortel, LLC
Attn: Alex Morin
1428 Grant Street
Berkeley, CA 94703
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2011-10, ASA-2011-13, TR-2011-31
T'his letter confirms the decision of the Planning Commission, given at the meeting of September 27,
2011, approving:
Use Permit application to allow a personal wireless service facility consisting of 12 panel antennas
mounted on a 55 foot monoeucalyptus and associated base equipment,
Architectural and Site approval to allow a personal wireless service facility consisting of 12 panel
antennas mounted on a 55 foot monoeucalyptus and associated base equipment, and
Tree Removal Permit to allow the removal of three Coastal Redwood (one at 9" and two 6.5" in diameter)
trees in conjunction with the installation of a personal wireless service facility located at 23005 Via
Esplendor, according to Planning Commission Resolution No. (s) 6657, 6658, and 6659.
Please be aware that if this Permit is not used within a ten-year period, it shall expire on September 27,
2021.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
�
Colin Jun
Senior Planner ,
Planning Department
Enclosures: Resolutions 6657, 6658, 6659
CC: The Forum at Rancho San Antonio, Attn: Gee Colt, 23500 Cristo Rey Dr, Cupertino CA 95014
AT&T, 4430 Rosewood Dr., Bldg 3, Pleasanton CA 94588
TR-2011-31
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6659
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE
REMOVAL OF THREE COASTAL REDWOODS (9", 6.5" AND 6.5" TRUNK DIAMETERS)
IN CONJUNCTION WITH THE INSTALLATION OF A PERSONAL WIRELESS SERVICE FACILITY
AT THE FORUM AT RANCHO SAN ANTONIO
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2011-31
Applicant: Alex Morin (Cortel, LLC & AT&T)
Location: Common Area near 23005 Via Esplendor (The Forum at Rancho San Antonio)
SECTION II: FINDINGS FOR TREE REMOVAL
WHEREAS, the Planning Commission of the City of Cupertino received an application for tree removal,
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 at least one public hearing on this
matter; and
WHEREAS, the Planning Commission finds the following with regard to this application:
1. That the location of the trees restricts the economic enjoyment of the property by severely limiting
the use of the 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).
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,:
The application for a Tree Removal Permit, Application no. TR-2011-31, 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 no. TR-2011-31 as set forth in the Minutes
of Planning Commission Meeting of September 27, 2011, and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED REMOVALS
Three Coastal Redwoods, 9", 6.5" and 6.5" in diameter, are approved for removal. The redwoods are
depicted within the equipment enclosure illustrated on sheet labeled Z-4 of the plan set titled: "at&t
Your World./I-280 & Crooked Creek/CN4019" prepared by at&t/Ericsson and dated January 25,
2011.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2011-10 and ASA-2011-13 shall be applicable to
this approval.
Resolution No. 6659 TR-2011-31 September 27, 2011
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.
4. IN LIEU TREE REPLACEMENT FEE
In lieu of replacing the removed trees, the applicant shall pay in in-lieu tree replacement fee to the
City's Tree Fund base upon the purchase and installation cost for six trees.
PASSED AND ADOI'TED this 27th day of September 2011, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Sun, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/ Aarti Shrivastava /s/ Winnie Lee
Aarti Shrivastava Winnie Lee, Chair
Community Development Director Planning Commission
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