DIR-2001-25b
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CITY Of
CUPEJQ"INO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
December 12, 2001
Mr. Y ~zala Abayneh
19725Parkview Court
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER- 25-DIR-Ol
This letter confirms the decision of the Planning Commission, given at the meeting of
December 10, 2001, approving a Director's Referral of a minor modification for removal
of trees protected as part ofa use permit (15-U-96), according to the enclosed copy of
Planning Commission Resolution No. 6117.
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,
&;?~~(--L7
Ciddy Wordell
City Planner
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Enclosure:
Resolution No. 6117
g:/planning/post hearing/actionletter25dirO 1
Printed on Recycled Paper
25-DIR-Ol
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6117
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A DIRECTOR'S REFERRAL OF A MINOR MODIFICATION TO TRIM
MORE THAN 25% OF THREE REDWOOD TREES IN AN EXISTING RESIDENTIAL LOT
IN ACCORDANCE WITH CHAPTER 19.132 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: FINDINGS
WHEREAS, 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 subconclusions upon which the findings and conditions specified in this resolution are
based and contained in the public hearing record concerning Application 25-DIR-Ol set forth in
the Minutes of the Planning Commission Meeting of, December 10, 2001, and are incorporated
by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
25-DIR-Ol
Yezala Abayneh
19 Parkview Court
Resolution No. 6117
Page-2-
25-DIR-Ol
December 10,2001
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBIT
The redwood trees as shown in EXHIBIT B may be trimmed if branches interfere with the
residence. Branches facing the neighboring property shall not be trimmed.
2. TREE REPLACEMENT
Shrubs, with appropriate irrigation, shall be planted either on the applicant's property or the
affected neighbor's property, if given permission, the location and type of shrub to be approved
by staff.
3. COVENANT REGARDING TREE PROTECTION
The property owner shall record a covenant on this property to inform future property owners of
the tree protection requirements, the content to be approved by staff. The covenant shall be
recorded 30 days after the approval.
PASSED AND ADOPTED this 10th day of December, 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: Patnoe, Chen, Auerbach and Chairperson Corr
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Isl Steve Piasecki
Steve Piasecki, Director
Director of Community Development
Isl Charles Corr
Charles Corr, Chairman
Cupertino Planning Commission
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