Reso 5042 25u72(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5042 (Denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A MINOR MODIFICATION TO REMOVE TWO EXISTING TREES
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a referral of a
Director's Minor Modification; 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 the following findings have not been made:
1) The increase in 4' of soil adjacent to the trees, because of the construction of the new living
quarters, will result in the decline and ultimate death of the trees.
2) Although tree wells will temporarily protect the trees, the trees will not survive because of
the grade increase in the root zone.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in
this matter, the referral is hereby denied; and
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That the subconclusions upon which the findings and conditions specified in this resolution are
based and contained in the public hearing record concerning Application 25-U-76(M) set forth in
the Minutes of the Planning Commission Meeting of, May 24, 1999 and are incorporated by
reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
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Application No.: 25-U-72 (M)
Applicant: Ron Zielske �
Owner: Sunny View Retirement Community
Location: 22445 Cupertino Road
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Resolution No. 5042 Denial 25-U-72 (M) May 24, 1999
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PASSED AND ADOPTED this 24`''day of May, 1999, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Kwok, Stevens
NOES: COMMISSIONERS: Corr, Harris
ABSTAIN: COMMISSIONERS: Chairman Doyle
ABSENT: COMMISSIONERS:
ATTEST: APPROV .
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Robert S. Cowan, Director David oyle, C irman
Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res/r25u72m
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