Reso 6180 TR-2003-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6180
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING THE
REMOVAL OF FOUR SPECIMEN SIZE TREES: TWO COAST LIVE OAKS AND TWO
TORREY PINES, AND APPROVING THE REMOVAL OF ONE DEODARA CEDAR AT
20441 HOMESTEAD ROAD
SECTION I: FINDINGS
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 not met the burden of proof required to support said
application; and has not satisfied the following requirements:
1.) That the trees are irreversibly diseased, are in danger of falling, can cause
potential damage to existing or proposed essential structures or interferes with
private on-site utility services. While damage to improvements has been
demonstrated, corrective measures can be executed to limit future damage
without tree removal;
2.) That the location of the trees 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 property.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application TR-2003-03 is hereby; 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-2003-03, as set forth in the Minutes of the Planning Commission
Meeting of April 28, 2003 and are incorporated by reference though fully set forth
herein.
Resolution No. 6180 TR-2003-03 04/28/03
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: TR-2003-03
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.
1. APPROVED EXHIBITS
The recommendation of tree removal approval is based on Exhibit titled "Cupertino
De Oro Club - Site Schematic, 20441 Homestead Road, Cupertino, January 2003"
and consisting of 1 page, except as may be amended by the Conditions contained in
this Resolution.
2. TREE REMOVAL APPROVAL
The specimen size Deodara Cedar located at the northern edge of the westerly
parking lot is approved for removal. If the tree is removed, replacement trees shall
be planted subject to the approval of the Planning Commission. The applicant shall
submit a tree replacement plan to the Planning Commission in two weeks from the
date of this resolution.
PASSED AND ADOPTED this 28� day of Apri12003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Miller, Saadati, Wong and Chairperson Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES : APPROVED:
�
Ste e Piasecki Angela C en, Chairperson
Director of Community Development Cupertino Planning Commission
G/cuptnt/planning/pdreport/res2/resTR-2003-03