Reso 6171 TR-2002-03
� CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6171
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
THE REMOVAL OF ONE COULTER PINE AND THREE MEXICAN FAN PALMS
LOCATED AT THE DE ORO CLUB OF CUPERTINO, 20441 HOMESTEAD ROAD
SECTION I: FINDINGS
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WHEREAS, the Planning Commission of the City of Cupertino received an application
for tree removal, as described in Section II 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
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1.) The proposed action, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be
detrimental to public health, safety, general welfare, or convenience;
2.) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application TR-2002-03 is hereby approved as revised and
i 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 TR-2002-03, as set forth in the Minutes of the Planning Commission
Meeting of January 13, 2002 are incorporated by reference though fully set forth herein.
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Resolution No. 6171 TR-2002-03 01/13/03
Page 2
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SECTION II: PROTECT DESCRIPTION
Application No.: TR-2002-03
Applicant: De Oro Club of Cupertino (Patricia Cooper)
Property Owner: De Oro Club of Cupertino
Location: 20441 Homestead Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
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1.) APPROVED EXHIBITS:
The recommendation of approval is based on exhibits labeled Exhibit A: Tree
� Location Map; Exhibit B: Condition Report for De Oro Club of Cupertino; Exhibits D
through G showing trees #1 through #9 and improvement damage, except as may
be amended by the Conditions contained in this Resolution.
2.) TREES APPROVED FOR REMOVAL
The following trees are approved for removal as depicted in Exhibit A:
Tree #5: 29" Coulter Pine
Trees #7, #8 & #9: 3- 12" Mexican Fan Palms
3.) TREE MONITORING AND REPORT
a) If Tree #6 (Tanbark Oak) continues to decline in health, or an ISA-certified
arborist reports in writing that the tree is in a state of irreversible decline, the
Director of Community Development may authorize its removal.
4.) TREE REPLANTING PLAN
The applicant shall return within three months from the date of this approval to
submit a tree replanting/landscape plan for Design Review Committee approval.
5.) NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
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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.
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Resolution No. 6171 TR-2002-03 01/13/03
Page 3
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PASSED AND ADOPTED this 13�' day of January 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
� AYES: COMMISSIONERS: Auerbach, Chen,Saadati, Wong and Chair Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTE : APPRO
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� Steve Piasecki Charles Corr, Chairperson
Director of Community Development Cupertino Planning Commission
G/cuptnt/planning/pdreport/res2/resTlZ-2002-03
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