Reso 4853 18-U-96 (Mod.)
CITY OF CUPERTINO
10300 Tone Avenue
Cupertino, California 95014
RESOLUTION NO. 4853
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO REMOVE PROTECTED TREES.
DIRECTOR' S REFERRAL IN ACCORDANCE WITH CHAPTER 19.132 OF
THE CUPERTINO MUNICIPAL CODE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit Modification, 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 the public health, safety, general
welfare, or convenience;
2) The proposed use 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, the application for Use Permit Modification is hereby recommended for approval,
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 No. 18-U-96 (Mod.) as
set forth in the Minutes of the Planning Commission Meeting of August 11, 1997, and are
incorporated by reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 18-U-96 (Mod.)
Applicant: Chalet Woods
Location: 1187 Garden�ide Lane
Resolution No. 4853 18-U-96 (Mod.) August 11, 1997
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
Approval is based on Sheet C 1 except as may be amended by the conditions contained in
this resolution.
2. TREE REPLACEMENT
Two 48" box oak trees, shall be planted in approximately the same locations as the two
removed walnut trees. They shall be planted prior to final occupancy. The $20,000 bond
shall be retained for one year subsequent to final occupancy and shall be released upon an
arborist's report that the trees are in a healthy condition. They shall be permanently
protected unless removal is approved by the Planning Commission.
3. EUCALYPTUS TREES
The arborist's recommendations that an I.S.A. certified arborist perform a"Crown
Restoration" or selective restructuring of whatever growth emerges and that root zones be
protected from vehicle access shall be implemented.
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 aze 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 l lth day of August, 1997, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Mahoney and Chairperson Harris
NOES: COMMISSIONERS.: Austin
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Roberts
ATTEST: APPROVED:
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Robert S. Cowan Andrea B. Harris, Chairperson
Director of Community Development Cupertino Planning Commission
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