PC Reso 6527 TR-2008-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6527
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TREE REMOVAL REQUEST TO REMOVE AND REPLACE 3 SPECIMEN SIZE OAK
TREES IN CONJUNCTION WITH A PROPOSED HILLSIDE EXCEPTION (EXC-2008-14)
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2008-05
Applicant: Amy Cheng
Location: (no address no.) San Juan Road, APN 342-22-078
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for the removal and replacement of 3 trees in conjunction with a proposed hillside
exception (EXC-2008-14); and
WHEREAS, the 3 trees are specimen size coast live oaks with trunk diameters greater
than or equal to 10 inches, subject to Chapter 14.18 of the Municipal Code, pertaining to
Protected 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, the 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-2008-05, as set forth in the Minutes of the Planning Commission
Meeting of August 26, 2008 are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
The applicant is approved to remove three trees on site and designated #1, #2,
and #4 in accordance with the applicant's tree survey/removal plan identified on
sheet A1 dated 10/29/07 in the approved plan set titled: " New Single Family
Residence/APN: 342-22-78/San Juan Road/Cupertino, California" and a tree
Resolution No. 6527 TR-2008-05 August 26, 2008
Page 2
survey prepared by Barrie D. Coate & Associates dated December 11, 2007,
except as may be amended by the conditions of this Resolution.
2. TREE REPLACEMENTS
Prior to building occupancy, the applicant shall plant and provide irrigation for
six 24" box coast live oaks downslope of the residence.
For any additional protected trees that are removed due to construction damage,
hazardous conditions or death, the applicant shall be required to replace these
trees in accordance with the Protected Trees Ordinance. Species and size of
replacement trees shall be reviewed and approved by the Community
Development Department.
3. 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 26th day of August 2008, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
' AYES: COMMISSIONERS: Chairperson Miller, Kaneda, Rose, Brophy
NOES: COMMISSIONERS: Vice Chair Giefer
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTE . APPROVED:
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Steve Piasecki ar M' , hair
Director of Community Development Planning Commission
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