DIR-2001-20b
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10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
CITY OF
CUPEIUINO
Community Development Department
October 23, 2001
Ms. ~onica Epstein
11486 Lindy Lane
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - 20-DIR-Ol
This letter confirms the decision of the Planning Commission, given at the meeting of
October 22,2001, approving a Director's Minor Modification to remove a specimen oak
tree and plant replacement trees, according to the enclosed copy of Planning Commission
Resolution No. 6113.
Also, please note that an appeal of these decisions can be made within 14 calendar days
of the decision. If this occurs, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
~ L;JMLlj
Ciddy Wordell
City Planner
Enclosure:
Resolution No. 6113
g:/planning/post hearing/actionletter20dirO 1
Printed on Recycled Paper
20-DIR-Ol
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6113
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A DIRECTOR'S REFERRAL OF A MINOR MODIFICATION TO REMOVE A
DAMAGED OAK TREE IN AN EXISTING RESIDENTIAL LOT IN ACCORDANCE WITH
CHAPTER 19.132 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: FINDINGS
WHEREA\S, the Planning Commission of the City of Cupertino received a referral of a
Director's Minor Modification, 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 requirement:
1) That the tree or trees are irreversibly diseased, are in danger of falling, can cause potential
damage to existing or proposed essential structures, or interferes with private on-site utility
services.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in
this matter, the referral is hereby recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on page 2 thereof; and
That the subconc1usions upon which the findings and conditions specified in this resolution are
based and contained in the public hearing record concerning Application 20-DIR-Ol set forth in
the Minutes of the Planning Commission Meeting of, October 22,2001, and are incorporated by
reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
20-DIR-Ol
Monica Epstein
11486 Lindy Place
Resolution No. 6113
Page-2-
20-DIR-Ol
October 22,2001
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBIT
The oak tree as shown in EXHIBIT A may be completely removed.
2. TREE REPLACEMENT
Three IS-gallon coast live oak trees shall be planted in locations approved by staff. Irrigation
shall be provided appropriate to oak trees, i.e., not within four feet of the trunk.
3. TREE :bOND
A $3,000.00 tree bond shall be provided, to be released after two years of growth and upon
evidence that the trees are healthy.
PASSED AND ADOPTED this 22nd day of October, 2001, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Corr, Patnoe, Chen, Auerbach and Chairperson Kwok
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Isl Steve Piasecki
Steve Piasecki, Director
Director of Community Development
Isl Patrick Kwok
Patrick K wok, Chairman
Cupertino Planning Commission
glplanninglpdreport/res/20dirO 1 res
EXHIBIT A
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