Reso 6747 TR-2014-09
� CITY OF C[JPERTINO
10300 Torre Avenue
Cupertino, California 95014 ;
RESOLUTIOlV NO. 6747
OF,T�IE PLANNING COMIVIISSION:QF,THE;_CITY..OF CLTPERTINQ RECOMIVIENDING
� AP,PROVAL OF A TREE`RElVIO�1AL PERMIT�.TO ALLOW T�-IE IZENTOVAL AND;
REPLACEIVIENT OF.F;IVE COAST;.LNE-OAK TREES LQCATED AT 10645 CORDOVA RI�:(LOT A)
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SECTION I: PROLECT DESCRIPTION �
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Application 1Vo.: ` TR-2014-09' "
Applicant: Terry Brown(Osann,K. O'Grady and B. O'Grady lots)
Location: , .Lot A, 10645 Cordova Road APN#342;22-101 .
SECTIOIV II:: F�NDINGS FOR TIZEE RENlO�TAL PERMIT:
WHEREAS, .the I'lanniilg Coirunission of the City of Cupertino received an application for a`Tree
Removal Permit as described in Section L of this Resolution; and
� TiVHEREAS;the Environinerital Review Coxrunittee has recommended'adoption of a 1Vlitigated Negative
Declaration;and _ `
WI-IEREAS; the:necessary public notices"have been given as required by tlle Procedural Ordinance of
the City of Cupertino; and tlle Plaiuiing'Cominission has'held at least one`public hearing in regard to
the application; and :
UIHEREAS,'the applicant has met the burclen of proof required to support'said application; and `
WHEREAS;the.Planning Comrnission finds�,as'follows with regard to this application: _
a) 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-sife utility services and'
' cannot be'controlled'or remedied through reasonable relocation or modification of the structure or
utiFity services,
The City's consulting arborist has determined that the treea proposed for removal are all in conflict with the
proposed new buildings and site improvements, and are not suitable for preservation or relocation.
b) That the'location of the frees restricts the`ecoriomic enjoyment of,the property by'severely limiting
` the use of property in a manner not typieally experienced by owners of similarly zoned and situated
` "property; and the applicant has°demonstrafed to the satisfaetion of the approval authority that there
are`no reasonable alternatives to preserve the tree(s).
OThe City's consulting arborist has determined that the trees proposed for removal are all in conflict with the
proposed new buildings and site improvements; and are not suitable for preservation or relocation.`
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Resolution No.6747 TR-2014-09 June 9,2014
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,:
A Mitigated Negative Declaration (Application no. EA-2014-02) is hereby recommended for adoption;
and the application for a Tree Removal Permit, Application no. TR-2014-09 is hereby recommended for
approval 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-2014-09 as set forth
in the Minutes of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received January 29, 2014 consisting of 7 sheets,
labled 1, L1.0, L2.0, L2.1, L3.0, L3.1 and L4.0 entitled, "3 Custom Residences, 10645 Cordova Rd.,
Cupertino, CA 95014," drawn by SSS Designs LLC; except as may be amended by conditions in this
resolution.
2. CONCURRENT APPROVAL CONDITTONS
The conditions of approval contained in file no. EXC-2014-02 shall be applicable to this approval. �
3. FINAL PLANTING PLAN
The applicant shall plant replacement trees in accordance with the replacement requirements of the
Protected Tree Ordinance. The trees shall be planted prior to final occupancy of site permits.
The final planting plan shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits. The Director of Community Development shall
have the discretion to require additional tree replacements as deemed necessary. An ISA Certified
Arborist shall confirm that the replacement trees were planted properly and according to plan prior
to final occupancy.
4. TREE REPLACEMNETS
The applicant is required to plant three (3) 24" box replacement tree in accordance with the
Protected Tree Ordinance. All replacement trees shall be native species.
3. TREE PROTECTION
The existing trees to remain shall be protected during construction per the City's Protected Tree
Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall
be listed on the plans, and protective fencing shall be installed around the trees to remain prior to
issuance of building permits. A report ascertaining the good health of these trees shall be provided
prior to issuance of final occupancy.
5. CONSULTATION WITH OTHER DEPARTMENTS �
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
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Resolution No.6747 TR-2014-09 June 9,2014
submitted data may invalidate an approval by the Community Development Deparhnent.
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6. INDENINIFICATIOIV I!
To the extent permitted by law, the Applicant shall indemnify and hold harxnless the City, its City
Council, its officers, employees and agents (the "indemrufied parties") from and against any claim,`
action; or proceeding brought by a tivrd party against the indemnified parties and the applicant'to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
iricluding (without limitation) reimbursing the City its actual atforneys' fees and costs incurred in
defense`of the litigation. The City'may, in its sole discretion, elect to defend any such action with
attorneys of ifs choice.
7. 1VOTICE'OF FEES;DEDICATIONS,IZESERVATIONS 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 Governinent 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. '
� PASSED AIVD ADOPTED this 9th.day of June, 2014, Regular Meeting of the Planning Commission of
the City of Gupertino,State of California,'by the following roll call vote: _
AYES: CONl1VIISSIONERS: Chair Brophy,Vice Chair Lee,Suri, Gong,Takahashi
NOES: COlVIlVIISSIONERS:none
ABSTAII�T: ' CONINIISSIONERS:none
ABSElVT: ' COIVINIISSIONERS:none
ATTEST: : APPROVED:
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. G s ao : Paul Brophy,C '
Assist:Director of Community l�evelopment Planning Comm's 'ion
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