Reso 5089 18-U-96 (M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5089
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO REMOVE EUCALYPTUS TREES
PROTECTED AS PART OF A PLANNED RESIDENTIAL DEVELOPMENT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, 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 approved, subject to the conditions which
are enumerated in this Resolution beginning on page 2 thereof; and
That the sub-conclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application 18-U-96(M) set forth in the Minutes
of the Planning Commission Meeting of December 13, 1999, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 18-U-96(M)
Applicant: Camthuy Nguyen
Location: 7466 Kingsbury Place
Resolution No. 5089 18-U-96(M) December 13, 1999
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The eucalyptus trees may be removed at the rear of the property, and shall be replaced with 36" box
trees selected from Appendix A of the R-1 Ordinance (Chapter 19.28). The trees shall be planted
within 30 days of approval. Replanting is not required if the residents to the south sign a waiver as
provided in Chapter 19.28.
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 exaction
PASSED AND ADOPTED this 13`'' day of December, 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: Corr, Harris, Kwok, Stevens and Chairman Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
.
// OU
Robert S. Cowan David Doyle, Chairman
Director of Community Development Cupertino Planning Commission
g/planning/pd report/res/18u96m