Reso 6431 TR-2006-16
CITY OF CUPERTINO �
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6431
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
THE REMOVAL AND REPLACEMENT OF ONE DEODAR CEDAR TREE LOCATED
ON PROPERTY AT 10740 BROOKWELL DRIVE
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2006-16
Applicant: Yuh Jivan Lin
Location: 10740 Brookwell Drive
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to approve the removal of a 28-inch diameter deodar cedar tree; and
WHEREAS, the deodar cedar tree is a specimen protected tree subject to Chapter 24.18
of the Municipal Code, pertaining to Heritage and Specimen Trees; 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
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 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-2006-16, as set forth in the Minutes of the Planning Commission
Meeting of November 14, 2006 are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
Approval is granted for the removal of a 28-inch diameter deodar cedar tree within
the front yard of property located at 10740 Brookwell Drive.
Resolution No. 6431 TR-2006-16 November 14, 2006
Page 2
2. TREE REPLACEMENT
One 72-inch box deodar cedar tree, or an equivalent as determined by the Director of
Community Development, shall be planted within the front yard of the subject
property as a replacement tree. The tree shall be planted within 60 days of this
approval date, unless circumstances prevent replanting within 60 days, such as
availability of the tree or weather conditions, as determined by the Director of
Community Development. The property owner shall be responsible for the
purchase cost, installation and warrantee of the replacement tree.
3. TREE COVENANT
A covenant shall be recorded that identifies the replacement tree as a protected tree.
Prior to recordation, the covenant shall be reviewed and approved by the Director of
Community Development.
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 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 14th day of November 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller, Vice Chair Giefer, Wong, Saadati
Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTES�'�' APPROVED:
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�� Steve Piasecki Mar y ill r, Chairperson
Director of Community Development Cupertino lanning Commission
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