Reso 6074 06-U-97(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6074
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE ONE EUCALYPTUS TREE FROM A SINGLE-FAMILY
RESIDENTIAL PROPERTY.
SECTION I: PROJECT DESCRIPTION
Application No.: 06-U-97(M)
Applicant: Kirk and Sheray Law
Location: 23595 Oak Valley Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application to
removal one specimen size tree and replace it with other trees, as described in this Resotution;
and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfied the following requirements:
1) The tree, due to root damage, can cause significant damage to the residence and is a threat to
the health, safety and welfare of the applicant.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submittcd
in this matter, application for Tree Removal 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 06-U-97(M), as sct
forth in the Minutes of the Planning Commission Meeting of January 8, 2001, are incorporated
by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS:
Approval for the removal of one 150-inch circumference Eucalyptus tree from the eastern
backyard of the property is permitted.
Resolution 6074 06-U-97(M) O 1/08/01
Page 2
2. REPLACEMENT TREE:
Three 48-inch box Coast live oak trees in the backyard of the subject site. The City
Attorney's office shall evaluate whether the developer, the O'Brien Group, can be held
responsible for the tree removal and replacement of the trees. If the developer can not be held
responsible, the applicant will be held responsible for the removal and replacement of the
subject tree. The replacement trees shall be planted within three months of the removal of
the Eucalyptus tree.
PASSED AND ADOPTED this 8''' day of January 2001, at a Regular Meeting of the Plannin�;
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Kwok, Stevens, Chairperson Harris
NOES: COMMISSIONERS: Corr
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
' ATTEST� APPROVED:
n n
\ ` • �`��,;�Q.� '._'
Steve Piasecki Andrea Harris, Chairperson
Director of Community Development Cupertino Planning Commission
\\NTMAINSERVER\groups\Planning\PDREPORT\RES\06-U-97(M)res.doc