Reso 6769 _ TR-2014-42 I
_. _ CITY OF CUPERTIIVO
' 10300 Torre Avenue ''
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{ ' Cupertino, California 95014
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RESOLUTION NO. 6769 I
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OF THE PLANNING CONIMISSION OF T�-iE CITY OF CUPERTINO
APPROVING THE RElVIOVAL OF THREE PROTECTETD TREES: A 17.7"/15;8", 26.6" AND 23.1"
DIAMETER COAST LIVE OAKS IN CONJUNCTION WITH THE IDEVELOPIVIENT OF A SINGLE
,. `` EAMILY HILLSIpE RESIDENCE AT 21730 RAINB.OW DRIVE (APN: 366-37-007) ,
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SECTION I. PROTECT DESCRIPTION I
Application No.: TR-2014-42 �,
Applicant: ;Daryl Harris '
Property Owner: ;., jonathan Yao&Cathy Li .; ."
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Location: , 21730 Rainbow I�rive (APN: 366;-37-OQ7) ,
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SECTION II: FINDINGS FOR TREE REMOVAL ;
WHEREAS, the Planning:Commission of fhe Ciiy of Cuperfirio received an application for tree�removal, as
described iri Sectioii I"of tYiis Resolution; and ' `
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WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of
� the City°of Cupertino, and the Plantvng Cointnissiori has lield at least one public hearing on this matter;and
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WHEREAS,the Plannulg:Coimmission finds the-following with regard to this application:
1: `T11at.tlie locatiori of t11e trees restricts t�ie economic enjoyrnent of the property by. severely limiting the
use'of .property in �a manner not typically experienced by owners of similarly zoned :and,situated
property,'�and'the applicant has demoristrated to the.satisfaction of the approval authority:that�there
' are rio reasonable alternatives to=preserve the tree(s): '
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NOW,THEREFORE;BE IT RESOLVED: ,
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this
matter;subject fo the conditions which are enumerated in this Resolution beginn;,;g on pa.ge2 thereof;;
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The application for a Tree Removal Permit, Application No. TR-2014=42, is hereby approved, and that the
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subcoriclu:sions upon which the findings and conditions specified'in:this Resolution are based and contairied
in the Public Hearing record concerning Application no. 'TR-2014-42 as set forth in the Minutes of Planning
Commission Nleeting of November 25, 2014, and are incorporated by reference as though fully set forth
herein.
SECTIOlV III; COIVDITIONS ADMINISTERED BY THE COlVIMLJNITY DEVELOPMENT DEPT.
' 1. APPROVED EX�-iIBITS
Approval is based on the arborist report titled: "A Review of Proposed Construction/ 21730 Rainbow
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Drive/ APN 366-37-007/ Cupertino, California" dated October 16 and 28, 2014, consisting of 6 pages,
��^� prepared by IVlichael L. Bench, Consulting Arborist, except as may be amended by conditions in this
resolufion. Trees approved for removal are depicted on the Tree Map Site Plan prepared by Michael L.
Bench and numbered on the map: 6, 30, and 33. In the.course of construction activifies, the applicant
Resolution No.6769 TR-2014-42 November 25,2014
shall attempt to protect trees numbered 6 and 30. Should those attempts fail and the oaks decline from
the damage, the applicant retains the right to remove and replace those oaks. �
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. EXC-2014-09 shall be applicable to this approval.
3. TREE REPLACEMENT
For each of the oaks referenced above approved for removal, the applicant shall plant two 24-inch box
Coast Live Oaks. Replacement locations shall be approved by the Community Development Director
with the primary objective to screen the front retaining walls from public street views and secondarily,
views of the proposed trail from the proposed residence.
4. TREE PROTECTION
Prior to building permit issuance, the development plans shall be revised to the satisfaction of the
Director of Community Development to create greater buffering distance between the protected trees
along the driveway and residential improvements. This should include a slight realignment of the
driveway to better protect upslope oaks, and the siting of storm flow lines and other constructed
drainage features to avoid the canopy driplines of the protect oaks. Tree protection fencing shall be
erected to protect oaks slated for protection from construction activities. The tree protection measures
shall be placed in the construction plan set. A report ascertaining the good health of the trees
mentioned above shall be provided prior to issuance of final occupancy.
5. 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 Governxnent 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.
6. PERMIT EXPIRATION
The subject tree removal permit approval shall expire two (2) years from the date of approval if not
used.
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Resolution No. 6769 TR-2014-42 November 25,2014
PASSED AND ADOPTED this 25th day of November' 2014; at a Regular 1Vleeting of the Pl�lning
��Commission of the City of Cupertino,State of�California,by tlie following roll call vote:
AYES: COMMISSIONERS: Chair Brophy,Vice Chair Lee, Gong,Sun, Takahashi
NOES: COMIVIISSIONERS:none
ABSTAIN: COM1VlISSIONERS:none
ABSElVT: COIVIMISSIOIVERS:none
ATTEST: PROVED:
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�ary-C.'aa,Assistant Director Paul Brophy, Chai
Communify Development Dept. Plailning Cox�unis io
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