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TR-2011-07b City of Cuperiino , , , 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 C lJ P E RT I N fl FAX (408) 777-3333 Communit�� Development Depc�rtment Apri113, 2011 Kahn Design Associates Jack Verdon 1810 6th Street Berkeley, Ca. 94710 SUBJECT: PLANNING COMMISSION ACTION LETTER - ASA-2011-02, TR-2011-07 This letter confirms the decision of the Planning Commission, given at the meeting of April 12, 2011, approving an Architectural and Site permit for fa�ade, landscaping, parking lot, lighting and sidewalk enhancements including the demolition of 2,400 square f eet f rom the rear loading area and a Tree Removal permit to allow the removal and replacement of 31 trees in conjunction with the parking lot, landscaping and sidewalk improvements at the former Mervyri s Department store site, located at 20730 Stevens Creek Boulevard, according to Planning Commission Resolution No. (s) 6627 and 6628. Please be aware that if this Permit is not used within a two-year period, it shall expire on April 13, 2013. 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, r George Schroeder Assistant Planner Planning Department Enclosures: Resolution 6627 and 6628 CC: Byer Properties, 66 Potrero Ave, San Francisco CA 94103 g:/planning/post l�earing/actionletterASA-2011-02,TR-2011-07 TR-2011-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6628 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL AND REPLACEMENT OF 31 TREES IN CONJUNCTION WITH PARKING LOT, LANDSCAPING, AND SIDEWALK IMPROVEMENTS AT THE FORMER MERVYNS DEPARTMENT STORE SITE LOCATED AT 20730 STEVENS CREEK BOULEVARD (APN 359-08-020) SECTION I: PROTECT DESCRIPTION Application No.: TR-2011-07 Applicant: Jack Verdon Property Owner: Byer Properties Location: 20730 Stevens Creek Boulevard (APN 359-08-020) 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 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; 2. 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 the maps, facts, exhibits, testimony and other evidence submitted in this matter, subje ct to the conditions which are enumerated in this Resolution beginning on page 2 thereof,: The application for a Tree Removal Permit, Application no. TR-2011-07, 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 no. TR-2011-07 as set forth in the Minutes of Planning Commission Meeting of Apri112, 2011, and are incorporated by reference as though fully set forth herein. Resolution No. 6628 TR-2011-07 Apri112, 2011 Page - 2 - SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED REMOVALS The approval is based on the arborist reports prepared by Arbor Resources dated April 4, 2011 entitled, "An Arborist Review of the Proposed Renovations at the Crossroads Shopping Center, 20730 Stevens Creek Boulevard, Cupertino, California;' except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. ASA-2011-02 shall be applicable to this approval. 3. REQUIRED TREE REPLACEMENTS The applicant shall be required to plant a total of forty-five (45) 24-inch box trees on the property and street frontage, in accordance with the City's Protected Trees Ordinance. The required replacement trees shall be planted prior to final occupancy of the project associated with file no. ASA-2011-02. 4. ADDITIONAL TREE REPLACEMENTS 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. 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 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 12th day of Apri12011, at a Regular Meeting of the Planning Coinmission 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, Director Winnie Lee, Chair Community Development Department Planning Commission