Reso 6102 02-I NT-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6102
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN INTERPRETATION OF FRONT YARD FACING THE DRIVEWAY
FOR PARCEL 3 AT 22551 RICARDO ROAD IN ACCORDANCE WITH
SECTION 19.08.030 OF THE CUPERTINO MUNICIPAL CODE AND APPROVING A REQUEST TO
REMOVE ONE 25" DIAMETER DEODAR CEDAR SPECIMEN TREE FROM A SINGLE-FAMILY
RESIDENTIAL PROPERTY
SECTION I: PROJECT DESCRIPTION
Application No.: 02-INT-01
Applicant: Bob Leong, Excel Homes
Owner: Excel Homes
Location: 22551 Ricardo Road
SECTION II: FINDINGS FOR INTERPRETATION OF FRONT YARD SETBACK FOR PARCEL 3
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
interpretation, as described in 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 one or more public
hearings on this matter; and
WHEREAS, the Planning Commission finds that:
1. That design relationships with adjacent yards and buildings would be improved by interpreting the
front yard as facing the driveway for Parcel 3 of the below referenced drawing; and
2. That design relationships would be improved by interpreting them consistently with the existing
and proposed neighborhood design and lot orientation.
SECTION III: FINDINGS FOR REMOVAL OF TREE #5
WHEREAS, the Planning Commission of the City of Cupertino received an application to removal one
specimen size tree and replace it with three other trees, as described in this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1. The location of Tree#5 restricts the economic enjoyment of the property by severely limiting the
use of the property in a manner not typically experienced by owners of similarly zoned and
situated properties, because the tree is directly in the building pad.
Resolution 6102 02-INT-01 August 27, 2001
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of exhibits, facts and testimony submitted in this matter, the
application for an interpretation is hereby recommended for approval, subject to the conditions which
are enumerated in this Resolution beginning on Page 2 thereof; 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. 02-INT-01 as set forth in the
Minutes of the Planning Commission Meeting of August 27, 2001, and are incorporated by reference
herein.
SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT
1. APPROVED EXHIBITS
The recommendation of approval is based on the site plan titled "Parcel 3— 22551 Ricardo Road,
Excel Homes" and the arborist report by Barrie Coate & Associates dated August 7, 2001
submitted as part of this application, except as may be amended by the conditions contained in
this resolution.
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2. FENCING
Fencing shall be set back a minimum of 5 feet from the ingress/egress easement line or in
accordance with the fence ordinance, whichever is more restrictive.
2. REPLACEMENT TREES:
■ Three 36-inch box Deodar Cedar (Cedrus deodara) trees shall be planted as replacement
trees for Tree#5 in the backyard of the Parcel 3 so that tree drip lines are away from proposed
and existing buildings. The replacement trees shall be planted prior tofinal occupancy of the
residential structure on Parcel 3.
3. TREE PROTECTION
. Existing trees shall be protected during grading and construction as described in the
Recommendations During Construction and Tree Protection Before, During and After
Construction prepared by Barrie Coate & Associates and dated August 7, 2001.
. The applicant shall retain an I.S.A. certified arborist to monitor construction and implement the
recommendations outlined in the aforementioned report. The retained arborist shall prepare
two review letters to be submitted to the Director of Community Development. The first letter
shall confirm that all tree protection measures are in place prior to grading permit approval.
The second letter shall be delivered by the arborist to the Community Development Director
indicating the implementation of the protection measures during construction and the overall
status of the trees, prior to final occupancy of the residences on Parcels 1, 2, 3& 4.
. A bond in the amount of $10,000 for protection of existing trees shall be submitted prior to
issuance of building permits for Parcels 1,2,3 & 4, and shall be released upon the
abovementioned written reports by the arborist that the trees have been adequately protected
during and after construction.
Resolution 6102 02-INT-01 August 27, 2001
Page 3
PASSED AND ADOPTED this 27th day of August, 2001, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Auerbach, Chen, Corr, Patnoe and Chairperson Kwok
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
� ATTES . APP OVED:
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Ste e Piasecki P trick Kwok, Chair
Director of Community Development Cupertino Planning Commission
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