Reso 6481 TR-2007-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6481
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TREE REMOVAL PERMIT TO REMOVE TWO SPECIMEN SIZE COAST LIVE
OAK TREES AT 22292 REGNART ROAD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Tree Removal, 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 location of the trees restricts the economic enjoyment of the property by severely
limiting the use of property in a manner not typically experienced by owners of
similarly zoned and situated property.
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, subject to the conditions
which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and canditions specified in this resolution are
based and contained in the public hearing record concerning Application TR-2007-04 as set
forth in the Minutes of the Planning Commission Meeting of August 14, 2007, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: TR-2007-04
Applicant: Kathy Yates
Location: 22292 Regnart Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. TREE REMOVAL
The applicant is authorized to remove two coast live oak trees of 10" and 14" in diameter
and identified as trees nos. 18 and 23, respectively, in an arborist report prepared by
Resolution 6481 TR-2007-04 August 28, 2007
Page 2
Arbor Resources for the subject development at 22292 Regnart Road, and dated June 22,
2007.
2. TREE REPLACEMENT
To mitigate the loss of the subject oaks,the applicant shall plant three (3) 24" box trees.
Specific planting locations are to be decided by the Director of Community
Development and the applicant.
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 28th day of August 2007, at a Regular Meeting of the Plannulg
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Wong, Kaneda, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: Chairperson Giefer
ABSENT: COMMISSIONERS: none
ATTES . APPROVED:
C
, . �' �
Steve Piasec i Gilbert Wong,Commissioner
Director of Community Development Planning Commission �,
G:�Planning\PDREPORT�RES�2007\TR-2007-04 res.doc