TR-2013-35b City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
C U P E RT 1 N CJ► FAX (408) 777-3333
Community Development Department
August 28, 2013
jones &Forrest
Attn: Leonard Ataide
3851 Charter Park Dr. #4
San Jose, Ca. 95136
SUBJECT: PLANNING COMMISSION ACTION LETTER–U-2013-08,ASA-2013-06, TR-2013-35
This letter confirms the decision of the Planning Commission, given at the meeting of August 27, 2013,
approving a Conditional Use Permit to allow office uses to exceed 25% of the building space in an
existing commercial condominium complex; an Architectural and Site Permit to allow the construction
of a new detached sidewalk, patio and associated site improvements at an existing commercial
condominium complex; a Tree Removal Permit to allow the removal and replacement of one 32"
diameter Pine tree to facilitate the construction of a detached sidewalk and associated site
improvements at an existing commercial condominium complex, located at 10011 N. Foothill Boulevard,
according to Planning Commission Resolution No.(s) 6724, 6725 and 6726
Please be aware that if this Permit is not used within a two-year period, it shall expire on August 27,
2015.
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,
—�
h
e he
Associate Planner
Planning Department
Enclosures: Resolution 6724, 6725 and 6726
Cc:Foothill Condo Owners Association,10011 N Foothill Blvd,Cupertino CA 95014
g:/planning/post l�earing/actionletterU-2013-08,ASA-2013-06,TR-2013-35
TR-2013-35
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6726
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF ONE 32"
DIAMETER PINE TREE TO FACILITATE THE CONSTRUCTION OF A DETACHED SIDEWALK
AND ASSOCIATED SITE IMPROVEMENTS LOCATED AT 10011 N. FOOTHILL BOULEVARD
SECTION I: PROJECT DESCRIPTION &RECITALS
Application No(s).: TR-2013-35
Applicant: Leonard Ataide (Foothill Commercial Condo Association)
Location: 10011 N. Foothill Boulevard (APN 342-40-996)
Subject: Tree Removal Permit (TR-2013-35) to allow the removal and replacement of one 32"
diameter pine tree to facilitate the construction of a detached sidewalk and associated site
improvements located at 10011 N. Foothill Boulevard.
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree
Removal Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission held a public hearing on August 27, 2013 in regard
to the application; and
NOW, THEREFORE, BE IT RESOLVED:
After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Planning Commission hereby approves Application No. TR-2013-35 based upon the findings
described in section II of this resolution, the public hearing record and the Minutes of Planning
Commission Meeting of August 27, 2013, and subject to the conditions specified in section III of this
resolution.
SECTION II: FINDINGS
Pursuant to section 14.18.180 of the Cupertino Municipal Code, the 32" pine tree can cause potential
damage to existing or proposed essential structures and cannot be controlled or remedied through
reasonable relocation or modification of the structure or utility services.
Resolution No.6726 TR-2013-35 August 27,2013
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received August 2, 2013 consisting of four sheets entitled "Existing
Site Plan", "Site Improvement Plan", "Replacement Deck Plan", and "Replacement Deck Details"
except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
4. TREE PROTECTION
T'he 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 ri� 'or to
issuance of buildin��ermits. A report ascertaining the good health of these trees shall be provided
prior to issuance of final occu�anc�.
The applicant shall work with staff to preserve the 32" diameter pine tree to the greatest extent
feasible to the satisfaction of the Community Development Director. If the final design allows for
preservation, the aforementioned tree protection measures shall also apply to this tree and the tree
shall not be removed.
5. FINAL LANDSCAPE PLAN
Prior to issuance of building �ermits, the applicant shall submit a final landscaping plan in
conformance with the City's Landscape Ordinance (Chapter 14.15). If the landscaping area (defined
by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per
section 14.15.040 is required �rior to issuance of building�ermits.
a. Landscaping screening shall be provided for all air conditioning units.
b. Native and drought tolerant landscaping shall be provided along N. Foothill Boulevard.
c. Two (2) twenty-four inch box Crape Myrtle trees shall be provided as replacement trees.
The final location shall be determined after the location of street trees is determined.
6. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third 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,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
Resolution No.6726 TR-2013-35 August 27,2013
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attomeys of its choice.
7. 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.
SECTION IV: CEQA REVIEW
The conditional use permit is categorically exempt from the California Environmental Quality Act
(CEQA) per section 15301 (Existing Facilities) of the CEQA Guidelines because it involves a negligible
expansion of use and section 15303 (Replacement or Reconstruction) in that the removal of the deck
with a paved patio, removal and replacement of a tree, and installing a detached sidewalk will have
substantially the same purpose and capacity as the structure replaced.
PASSED AND ADOPTED this 27th day of August, 2013, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Brophy, Lee
NOES: COMMISSIONERS: Gong, Takahashi
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
/s/Gary Chao /s/Don Sun
Gary Chao Don Sun, Chair
City Planner Planning Commission
G:\Planning\PDREPORT\RES\2013\TR-2013-35 res.doc
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