TR-2012-04b City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
C U P E RT I N O FAX (408) 777-3333
Communih� Developn�ient Depnrtment
Apri125, 2012
Kier & Wright
Attn: John Noori
3350 Scott Blvd #22
Santa Clara, Ca. 95054
SUBJECT: PLANNING COMMISSION ACTION LETTER- U-2012-04, ASA-2012-01, DP-2012-01, TR-
2012-04
This letter confirms the decision of the Planning Commission, given at the meeting of April 24, 2012,
approving a Use Permit to allow the operation of a new cafeteria use in a Mixed Use Zoning District; an
Architectural and Site approval to allow the construction of a 21,468 square foot cafeteria and associated
site improvements, including, but not limited to , paving, outdoor areas, landscaping and street frontage
improvements; a Development Permit to allow the construction of a 21,468 square foot cafeteria and
27,099 square foot underground garage and demolition of an existing 4,010 square foot restaurant
building for a net square footage increase of 17,458 square feet and Tree Removal Permit to allow the
removal and replacement of 33 trees in conjunction with the new cafeteria use and underground parking
garage, located at 20625 Alves Drive, according to Planning Commission Resolution No.(s) 6660, 6691,
6692 and 6693.
Please be aware that if this Permit is not used within a two-year period, it shall expire on Apri124, 2014.
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,
-�� ' L—" " ?-"7
_�--� --6� �/-���
Simon Vuong "�
Assistant Planner
Planning Department
Enclosures: Resolution 6690, 6691, 6692 and 6693
CC:Apple, Inc.,Attn:Jacki Horton, 1 Infinite Loop MS 47-2DDC,Cupertino CA 95014
g:/plartriing/post{�eari�tg�actionletterrt201204,asa201201,dp201201,tr201204
TR-2012-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6693
OF THE PLANNING COMMISSION OF THE CITY OF CUPF.RTINO
APPROVING THE REMOVAL AND REPLACEME[�TT OF 33 TREES IN CONJUNCTION WITH A NEW
CAFETERIA USE AND UNDERGROUND PARKING GARAGE LOCATED AT 20625 ALVES DR
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2012-04
Applicant: John Noori
Property Owner: Apple,Inc.
Location: 20625 Alves Dr(APN: 326-34-069)
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 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 tree(s).
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence suUmitted in this matter,
suUject to the conditions which are enumerated in this Resolution beginning on page 2 thereof,:
The application for a Tree Removal Permit, Application no. TR-2012-04, is hereUy approved, and that the
subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the
PuUlic Hearing record concerning Application no. TR-2012-04 as set forth in the Minutes of Planning Commission
Meeting of Apri124,2012,and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is Uased on the plan set dated March 9, 2012, consisting of 34 sheets labeled 0.0, 0.1, 0.2, 1.0, 2.0, 2.1,
2.2, 2.3,3.0,3.1,3.2,3.3,3.4,3.5,3.6,4.0,4.1,4.2,4.3,4.4, 6.0, 6.1, 6.2,6.3, 6.4, 6.5, 7.0, 7.1,7.2,7.3,7.4, 7.5,8.0,and
8.1, entitled, "Alves Restaurant, Apple, Planned Development Permit," prepared by Backen, Gillam, Kroeger
Architects; Kier & Wright Civil Engineers & Surveyors, Inc.; Carducci & Associates; and DES Architects &
Engineers,except as may be amended Uy conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2012-01, ASA-2012-01, and TR-2012-04 shall Ue applicaUle
to this approval.
3. RE UIRED TREE REPLACEMENTS
The applicant shall be required to plant tree replacements in and around 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. DP-2012-01,ASA-2012-01,and U-2012-04.
Resolution No. 6693 TR-2012-04 Apri124,2012
4. TREE PROTECTION
Prior to building permit issuance, the tree protection measures contained in the arUorist report,Tree
Assessment and Protection RecommendaHons by Walter Levison,dated December 19,2011,and in the City's
Consulting ArUorist's Report,An Arborist Review of the Proposed Alves Restaurant(Apple Cafeteria),20625
Alves Drive,Cupertino,CA 95014, dated March 9,2012,shall Ue implemented as deemed appropriate Uy the
Director of Community Development for the trees to be retained.The City's consulting arborist shall verify that
the tree protection measures are in place prior to construction/demolition.The tree protection measures shall
Ue placed in the construction plan set and posted on tree protection fences. A report ascertaining the good
health of the trees mentioned above shall be provided prior to issuance of final occupancy.
5. ADDITIONAL TREE REMOVALS AND REPLACEMENTS
In the event additional tree removals are required in conjunction with this specific project,whether off-site or
on-site,no further tree replacements will Ue required as the proposed amount of tree replacements exceeds the
City's minimum requirements stipulated in the Protected Tree Ordinance. However,the Director of
Community Development shall have the discretion to require additional tree replacements as deemed
necessary.The final tree replacement plan shall Ue reviewed and approved prior to final Uuilding approval.
6. NOTICE OF FEES,DEDICATIONS,RESERVATIONS OR OTHER EXACTI01�1S
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 hereUy 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 24c1t day of Apri12012, at a Regular Meeting of the Planning Commission of the City
of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice C11air Sun,Brophy,Lee,Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Gary Chao /s/Mart,y Miller
Gary Chao Marty Miller,Chair
City Planner Planning Commission