TR-2011-09b City of Cupertino
, , • 10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
C U P E�T I N O FAX (408) 777-3333
Community Development Department
June 15, 2011
Tony Chen
44593 Japala Place
Fremont, Ca. 94539
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2010-02, TR-2011-09
This letter confirms the decision of the Planning Commission, given at the meeting of June 14, 2011,
approving a Use Permit to allow a day care facility at an existing 5,600 square foot commercial office
building and an Tree Removal Permit approval to allow the removal and replacement of three trees in
conjunction with parking lot and landscaping improvements for the new day care facility, located at
10070 Imperial Avenue, according to Planning Commission Resolution No. (s) 6642 and 6643.
Please be aware that if this Permit is not used within a two-year period, it shall expire on June 14, 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,
George Schroeder
Assistant Planner
Planning Departrnent
Enclosures: Resolution 6642 and 6643
CC: Yunjian Zou, 451 Los Coches Street, Milpitas CA 95035
g:/planning/post hearing/actionletterU-2010-02,TR-2011-09
TR-2011-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6643
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING THE REMOVAL AND REPLACEMENT OF 3 TREES IN CONJUNCTION WITH
PARKING LOT AND LANDSCAPING IMPROVEMENTS AT A NEW DAY CARE CENTER LOCATED
AT 10070 IMPERIAL AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2011-09
Applicant/property owner: Tony Chen and Yunjian Zou (O-Mei Taichi Culture Academy), Charles
Chan
Location: 10070 Imperial Avenue (APN 357-17-015)
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 Comxnission 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 adequate�ly 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-2011-09, 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-2011-09 as set forth in the Minutes
of Planning Commission Meeting of June 14, 2011, and are incorporated by reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED REMOVALS
The approval is based on the arborist report prepared by Deborah Ellis, Consulting Arborist and
Horticulturist dated December 3, 2010, "10070 Imperial Avenue, Cupertino," except as may be
amended by conditions in this resolution.
Resolution No. 6643 TR-2011-09 Apri112, 2011
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. U-2010-02 shall be applicable to this approval.
3. REQUIRED TREE REPLACEMENTS
The applicant shall be required to plant a total of three (3) 24-inch box trees on the property 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. U-2010-02.
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 beg 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 14� day of June 2011, at a Regular Meeting of the P1aruling 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/Gary Chao /s/Winnie Lee
Gary Chao Winnie Lee, Chair
City Planner Planning Comxnission
• •
or a � �ona
.
n orma ion
.
ee � e
_ _