Reso 6264 TR-2004-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6264
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TREE REMOVAL TO REMOVE A SPECIMEN OAK TREE.
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2004-03
Applicant: John Ghashghai/Kelly Walsh
Location: 10230 Scenic Boulevard
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tree Removal Permit, as described on Section I of this Resolution; and
WHEREAS, the necessary 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 this
application, and has satisfied the following requirements:
1. That the location of the tree or trees restricts the economic enjoyment of the
property by severely limiting the use of 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 no. TR-2004-03 is hereby approved; 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-2004-03, as set forth in the Minutes of the Planning Commission
Meeting of August 9, 2004, and are incorporated by reference herein.
Resolution No. 6264 TR-2004-03 August 9, 2004
Page 2 .
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the Plan Set entitled: "Ghashghai Residence," consisting of 3
sheets labeled: A1, A2 and A3, except as may be amended by conditions contained
in this resolution.
2. 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 9th day of August 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and
Chairperson Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTE • APPRO .
' , � /:
Ste Piasecki Ta,: ` aadati, Chairperson
Director of Community Development Cupertino Planning Commission
G: \ Planning � PDREPORT � RES � TR-2004-03 res.doc