Reso 6176 TR-2003-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6176
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE TWO COAST LIVE OAK TREES (NOS. 1 &5) AND REPLACE
THEM WITH TWO 24-INCH BOX COAST LIVE OAK TREES, AND DENYING A
REQUEST TO REMOVE TWO OTHER COAST LIVE OAK TREES (NOS. 3 &4)
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2003-02
Applicant: Gillian Rutter
Location: 10280 Phar Lap Drive
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove four Coast Live Oak trees and replace it with other trees, as described in this
Resolution; and
WHEREAS, the applicant has met the burden of proof required to support removal of
two of the trees and has satisfied the following requirements:
1) The oak trees, due to structural damage and poor health, are unsuitable for
retention.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application for Tree Removal is hereby approved as modified;
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-2003-02, as set forth in the Minutes of the Planning Commission
Meeting of March 10, 2003 are incorporated by reference herein.
Resolution No. 6176 TR-2003-02 03/10/03
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
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1. APPROVAL ACTION
Two Coast Live Oak trees, noted as Trees No. 1 &5 on the undated Arborist Report
and Tree Locator Map prepared by Bill's Tree Care &Landscape, Inc. for Mrs.
Rutter, 10280 Pharlap Drive, Cupertino, CA 95014. Two Coast Live Oak, 24-inch
box trees shall be planted as replacements, in the front setback area along Phar Lap
Drive.
2. OAK TREES TO BE RETAINED
The request to remove Coast Live Oaks, trees nos. 3 & 4, is hereby denied. These
oaks are described in an undated Arborist Report and Tree Locator Map prepared by
Bill's Tree Care & Landscape, Inc. for Mrs. Rutter, 10280 Pharlap Drive, Cupertino,
CA 95014.
PASSED AND ADOPTED this 10�day of March 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Saadati, Wong and Chairperson Corr
NOES: COMMISSIONERS: Miller
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES APPROVED:
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Steve Piasecl i Angela en, Chairperson
Director of Community Development Cupertino Planning Commission
G:Planning/Pdreport/Res/1'R-2003-02 res.doc