Reso 6250 TR-2004-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6250
� OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE A PROTECTED 34-INCH DIAMETER MANNA GUM TREE
(Eucalyptus viminalis) AND REPLACE IT WITH TWO 36-INCH BOX COAST LIVE
OAKS AT 23605 OAK VALLEY ROAD
i
SECTION I: PROIECT DESCRIPTION
Application No.: TR-2004-05
Applicant: Umesh Mahajan
� Owner: Umesh Mahajan
Location/ APN: 23605 Oak Valley Road (342-56-002)
�
SECTION II: FINDINGS
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WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove a Manna Gum (Eucalyptus) tree, as described in this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support removal of
' this tree and has satisfied the following requirements:
M 1) The Eucalyptus, due to its propensity for small diameter branch breakage, is
unsuitable for retention in the backyard of a residence.
� 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-2004-05, as set forth in the Minutes of the Planning Commission
Meeting of May 24, 2004 are incorporated by reference herein.
Resolution No. 6250 TR-2004-05 05/24/04
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
One Eucalyptus tree in the rear yard of 23605 Oak Valley Road may be removed and
must be replaced by two 36-inch box Coast Live Oaks planted in the rear yard.
� 2. CONFORMANCE WITH APPROVED LANDSCAPING PLAN
; The applicant shall submit landscape plans for review and approval by the Director
of Community Development prior to tree removal.
3. REPLACEMENT OAK TREES
� The replacement oaks shall be transported, planted and watered in accordance with
the recommendations found in the Barrie D. Coate arborist report dated April 2,
2004.
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
i 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 24� day of May 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
� AYES: COMMISSIONERS: Chen, Miller, Vice-Chair Wong and Chairperson
� Saadati
NOES: COMMISSIONERS: Giefer
I ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES : APPRO D:
/
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Steve Piasec i ghi Saadati, Chairperson
Director of Community Development Cupertino Planning Commission