TR-2004-08b
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Connnuni ty Developnwnt Department
October 27, 2004
Mr. James Welsh
Commercial Tree Care
972 Newhall Street
San Jose, CA 95126
SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2004-08
This letter confirms the decision of the Planning Commission, given at the meeting on
October 26, 2004, approving a request to remove three protected specimen size coast
live oak trees and plant replacement trees, located at 21275 Stevens Creek Blvd.,
according to Planning Commission Resolution No. 6277.
Please note that an appeal of this decision can be made within 14 calendar days from
the date of this letter. If this happens, you will be notified of a public hearing that will
be scheduled before the City Council.
Sincerel y,
r-'
,",-.,
Colin Juri.g
Senior Planner
Cc : Chuck Marsh, The Oaks Shopping Center, P.O. Box 61120, Palo Alto, CA 94306
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TR-2004-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6277
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE THREE PROTECTED SPECIMEN SIZE COAST LIVE OAK
TREES AND PLANT REPLACEMENT TREES AT 21275 STEVENS CREEK BLVD.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Owner:
Location/ APN:
TR-2004-08
James Welsh (Commercial Tree Care)
The Stoneson Development Corp.
21275 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove and replace five protected trees, as described in this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support removal of
three of the trees, that is:
1) The three protected trees are dead or a hazard to property and public safety; and
2) Adequate size trees will be planted to replace them.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application for Tree Removal is hereby approved as modified;
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-2004-08, as set forth in the Minutes of the Planning Commission
Meeting of October 26,2004 are incorporated by reference herein.
Resolution No. 6277
Page 2
TR-2004-08
10/26/04
.-- -
SECTION Ill: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. TREE REMOVAL
Approved is granted to remove the following specimen size oaks, tree nos. 5, 16, and
26 as depicted on Exhibit A: Oaks Shopping Center Tree Location Map.
2. REPLACEMENT OF TREES
The three removed oaks shall be replaced with three large boxed Coast Live Oaks
planted near the Stevens Creek Boulevard frontage as followed:
. A 48" box coast live oak shall be planted about 30 feet east of tree #1, beneath the
canopy of tree #1, and
. A 36" box coast live oak shall be planted in the parking lot landscape island just
north of tree #16, and
. A 48" box coast live oak shall be planted in the lawn area adjacent to tree #86.
3. IRRIGATION FOR PLANTED REPLACEMENT TREES
The applicant shall provide irrigation for the newly planted oaks by applying water
directly on top of the rootball. Frequency of irrigation shall be 10 gallons of water
per one (1) inch of trunk diameter (40 gallons for a 48 inch box oak), once every two
weeks or as needed as indicated by soil samples.
4. 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.
5. PRUNING OF TREES NO.1 & 86
Trees no. 1 & 86 may be pruned to reduce branch end weight. Pruning shall be done
under the supervision of an internationally certified arborist.