Reso 6208 TR-2003-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6208
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE ONE 30" DIAMETER CEDAR TREE AND REPLACING IT
WITH THREE 48" BOX BLUE ATLAS CEDAR OR DEODAR CEDAR TREES AT 10950
STEVENS CANYON 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 met the burden of proof required to support said
application; and has satisfied the following requirements:
1.) The proposed use, 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 replacement trees are adequate in number, size and species to
compensate for the removal of a large specimen tree of importance to the
community;
3.) The proposed project 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-2003-07 is hereby approved 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-2003-07, as set forth in the Minutes of the Planning Commission
Meeting of October 13, 2003 are incorporated by reference though fully set forth herein.
SECTION II: PROIECT DESCRIPTION
Application No.: TR-2003-07
� Applicant: Bryon Navid/Navico
Property Owner: Bryon Navid/Navico
Location: 10950 Stevens Canyon Road
Resolution No. 6208 TR-2003-07 10/13/03
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1.) APPROVED EXHIBITS:
The recommendation of approval is based on exhibit titled: Cedar Replacement Plan
& Privacy Protection Planting Plan, sheet labeled A.2a dated 5/15/03, except as may
be amended by the Conditions contained in this Resolution.
2.) REPLACEMENT TREES:
Three (3) 48-inch box Blue Atlas Cedar or Deodar Cedar trees shall replace the 30"
Cedar to be removed. The trees will be planted as indicated in the Cedar
Replacement Plan mentioned above.
3.) HOUSE DESIGN:
The revised design for Lot 2 shall be presented to the Design Review Committee as
an informational item under old business with no action to be taken.
4.) NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
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.
PASSED AND ADOPTED this 13� day of October 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
►
AYES: COMMISSIONERS: Corr, Miller, Wong and Vice-Chairperson Saadati
� NOES: COMMISSIONERS:
' ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairperson Chen
i
ATTES : APPROVED:
�
Steve Piasecki Taghi Saadati, Vice-Chairperson
� Director of Community Development Cupertino Planning Commission
G:\Planning\PDREPORT\RES\TR-2003-07 res.doc