Reso 002 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 2
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
TO ALLOW THE REMOVAL OF ONE DEODAR CEDAR,ONE MONTEREY PINE,ONE
AFGHAN PINE,ONE HOLLY OAK,AND FIVE COAST LIVE OAK TREES IN
CONJUNCTION WITH A THREE LOT SUBDIVISION AT 21185 RAINBOW DRIVE (NW
CORNER OF RAINBOW DRIVE AND CHARSAN LANE)
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2012-07
Applicant: Mike McClellan(Susan Beslet)
Location: 21185 Rainbow Drive (APN#362-10-052)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application to
allow a Tree Removal Permit to allow the removal of one Deodar Cedar, one Monterey Pine, one Afghan
Pine,One Holly Oak,and Five Coast Live Oak trees in conjunction with a three lot subdivision.
WHEREAS,the Adxninistrative Hearing Officer finds:
1) That the 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;
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 trees.
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.
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter,the Application No. TR-2012-07,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 TR-2012-07 as set forth in the Minutes
of the Administrative Hearing Meeting of March 8,2012,and are incorporated by reference herein.
ResoluHon No.2 TR-2012-07 March 8,2012
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the arborist report entitled, "An Evaluation of the Existing Trees, Rainbow and
Charsan Subdivision, 21185 Rainbow Drive, Cupertino, California;' dated February 4, 2012 by
Michael L. Bench, Consulting Arborist, and except as may be amended by conditions in this
resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. TM-2012-02 shall be applicable to this approval.
3. RE UIRED TREE REPLACEMENTS
The applicant shall be responsible for the following tree replacements,in accordance with the City's
Protected Trees Ordinance:
Removed Tree Re uired re lacements
13" Coast Live Oak Tree 73 Two 24" box trees
13" Coast Live Oak Tree 82 Two 24" box trees
6/5" Coast Live Oak Tree 88 One 24" box tree
15" Coast Live Oak Tree 95 Two 24" box trees
10" Deodar Cedar Tree 80 One 24" box tree
7" Coast Live Oak Tree 72 One 24" box tree
11" Montere Pine Tree 76 One 24" box tree
8" Holl Oak Tree 78 One 24" box tree
12" Af han Pine Tree 79 One 24" box tree
The final planting plan shall be reviewed and approved by the Director of Community Development
and the Director of Public Works prior to the Two-Story Permit approval. The plan shall consider the
following: Coast Live Oak street trees, native/drought tolerant species and visibility for safety
purposes. The required replacement trees shall be planted prior to final occupancy of the new homes
associated with file no. TM-2012-02 and subsequent planning permits.
The Director of Community Development shall have the discretion to require additional tree
replacements as deemed necessary. The final tree replacement plan shall be reviewed and approved
prior to final building approval.
4. TREE REPLACEMENT BOND
The applicant shall provide a tree replacement bond in an amount determined by the City Arborist
prior to removals and issuance of demolition and grading permits.The bond shall be returned after
the required tree replacements have been planted and verified by the City Arborist.
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
Resolution No. 2 TR-2012-07 March 8,2012
Page 3
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 day of March 8, 2012 at a Regular Meeting of the Administrative Hearing
Meeting of the City of Cupertino,State of California,by the following roll call vote:
AYES: HEARING OFFICER: Aarti Shrivastava
NOES: HEARING OFFICER: none
ABSENT: HEARING OFFICER:none
ATTEST: APPROVED:
; � _
George Schroeder Aarti Shrivastava
Assistant Planner Community Development Director