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DIR-2000-05b`~ ~ City Na6'l I d3Q0 Torre Avenue Cuper-tina, C~ 951114-3255 [~CITY~'(F' "T"elephone: (448) 777-3223 ~! ~ ~'~ E^AX: (408 777-3366 WeLsit~;: wvrkv.cu ertina.or~ OFFICE OF TI-CT CITY C~.ETtIC January 22, 200I Ms. Gay Fiscllez- 20263 Cartwright Way Cupertirz©, CA 95014 RE: CITY CC1UT`1ICIL ACTION -APPEAL OF PLANNINCr COMMISSION DENIAL C)F FILE NO 05-I7IR-00 TO ALLOW THE REh~IOVAL C}F 'T'HREE ASl-1 TREES AT REINELL PLACE ANL~ CARTW1tIGHT WAY Iaear 1w'Is. Fisel~er: At their January l~, 200I, regu6ar meeting, the City Council made the following actions related to the above-stated application: • Upheld the appeal, allowed removal. of three Modesto Ash trees Required replacement with at least sip 24" I~ox Crape Myrtle trees Please feel free to contact the Planning Department at 4[?$-777-3308 if there az•c ~zy further questions regarding this zaiatter. Sincerely, ~.... '7 Marie Preston City C1erk's Office cc: PIanziing T'ublzc Works Panted on Recycled Paler -~ ~ i ~~/ ~ Cannnunity Devclapntent Department 1030U'Torrc Avenue CITY OF "Telephone (408) 777-3308 CUPEf~TINO Fax (4U8 777-3333 Planning Division December 13, 2000 Ms. Gay Fischer, Secretary Vista Gardens Homeowners Association 202(3 Cartwright Way Cupertino, CA 95014 RG: Notification of Appeal Hearing Date before the City Council on the appeal of the Planning Commission Denial of Application no. OS-DIR-00 - an Application Requesting the removal of three Ash Trees and five Monterey Pines Dear Gay: I am writing to inform you that your appeal of the above described denial of application no. OS-DIR-00 is scheduled to be heard by the City Council on: Tuesrla}g J~urrrnry 16, 2001, 6:45 p.nr. Citt~ Cormcil Ckrunbers /030(1 Torre ~I ve-ure, CnperlLro 'this is the earliest date the City Council can hear your appeal. 1f the date is inconvenient because of the holiday sensor. you may request a continuance of the hearing by writing to the City Clerk. The nee[ a~~atlublc hearing dates arc ~4onday, February 5"' and '1'ucsday, Februarv 20t° 'fo be effective in your presentation belorc City Council, it would behoove you to organize your welt-thought-out arguments for the removal oCthe trees. I think your arguments will carry more weight if they arc supported by clearly written opinions by licensed professionals (i.e. an internationally certiticd arborist). 'the Planning Commission offered some advice at the end of your hearing. You should review the videotape ol'the hearing, which is available at the Cupertino Library ur by request through the City Channel located at City 1 lall (bring a blank videotape). If you have any questions, feel tree to contact me at (408) 777-3257. Sincerely, Colin Jung Senior Planner Cc; William E3lasscr him Smith, City Clerk Punted on Recycled PdDe1 Vis~Gardcns Ilomcuwncrs Associu~t- December 1 1, 2000 City Council City of Cupertino Re: Appeal of Planning Commission denial of application OS-DIR-00 On August 7, 2000 Vista Gardens Homeowners Association applied for a permit for removal of three Ash trees along the eastern boundary of our property on Vista Dr., and five Monterrey pines along the western boundary of our property. There are root problems associated with all these trees. Root cutting has been pursued in the past, weakening the trees. At least one of the pines is infected with borer Beatles. The permit was denied at the planning commission hearing on November 27, 2000. We have requested estimates from several tree companies for topping/pruning, root cutting, installation of a root barrier, and spraying. In the course oFinspection by representatives of these companies, we have again been advised that the ash trees in particular will soon cause severe problems. In addition to the encroachment of roots on the sidewalks, fences, and foundations of the houses, the roots of the northernmost ash arc also endangering utility lines. We advised the planning commission that we plan to replant with smaller and more appropriate trees along Vista Drive. These plans cannot proceed while roots from the ash trees continue to spread. We share the commissions desire to maintain a pleasing street-scope. We, therefore, respectfully request the City Council to overturn the denial of the t[ee removal permit, at !cast with respect to the ash trees. Yours truly, p ~ ~~~~~ i (t'i CUPERT!Flp ~'~~ tom:, Gay Fischer Secretary 20263 Cartwright Way Tel: 255-0496 p ~C~C~~d[~ - , D DEC i 2 2000 CUPERTINO CITY CLERK William Glasser Director 20253 Cartwright Way Tel: 255-2017 VISTA GA~EN HOMEOWNERS:ASSOCIATION 121 ~ 78 l e S 3 Pate - 11 - C O Pay to the ~ ~ {/. I~~ ~ . -Order of 'lr l,7, ~ r U ~Ov ~ Dollars ~ ~~", E Cusromn - ' II ~.~® vmw welW Bonk . 'nc 197 Meth ` WHO COR1 ~ M.. ~•, ~, -~~:~1'210428&2~:047B553316i~"1 ~" r k4340 7"orre Avenue Cupertlna, CA 954 ~ ~ (~k4~} 777-334' FAX (.44&} 777-3333 Community i]eveiopment Qepartment November 28, 2000 Ms. Gay Fischer 20263 Cartwright Way Cupertino, CA 95014 SfTBJECT: PLANNING CQMMISSIGN ACTION LETTER -- OS-L)IR-00 This letter confirms the decision of the Planning Commission, given at the meeting of November 27, 2000, denying a request to remove three ash trees and :five IVlonterey pines at a single family cluster development located at reinell Place and Cartwright Way, according to the enclosed copy of Planning Commission resolution No. 6063 I}enial. Please note that an appeal of this decision can be made within 1~1 calendar days o(~the decision.: If this occurs, you will be notified of a public hearing, which tivill be scheduled before the City Council. Sincerely, L~~~-,~-'r..~-.Y Colin .lung Senior Planner Enclosure Resolution No. 6063 Denial g:lplanninglpast hearingfactionletter45dir00 Priniec! an ~4ec~cfec~ f'~a~er OS-DIR-00 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 6063 DENIAL OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A REQUEST TO REMOVE THREE ASH TREES AND FIVE MONTEREY PINES AT A SINGLE FAMILY CLUSTER DEVELOPMENT LOCATED AT REINELL PLACE & CARTWRIGHT WAY SECTION L PROJECT DESCRIl'TION Application No.: OS-DIR-00 Applicant: Vista Gardens Homeowners Association Location: Reinell Place & Cartwright Way SECTION IL FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to removal eight specimen size trees and replace them with other trees, as described in this Resolution; and WHEREAS, the applicant has not met the burden of proof required to support said application; and has not satisfied the following requirements: 1) Justified the removal of the ash trees when there is a viable alternative that will preserve the ash trees and prohibit the encroachment of tree roots into the residential improvements. 2) Justified the removal of the Monterey Pines by demonstrating they are diseased or damaged, and are untreatable NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Director's referral of a Minor Modification is hereby denied; 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 OS-DIR-00, as set forth in the Minutes of the Planning Commission Meeting of November 27, 2000, are incorporated by reference herein. PASSED AND ADOPTED this 27~' day of November 2000, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Corr, Kwok and Stevens NOES: COMMISSIONERS: Chairperson Harris ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Doyle ATTEST: /s/ Steve Piasecki Steve Piasecki Director of Community Development APPROVED: /s/ Andrea Harris Andrea Harris, Chairperson Cupertino Planning Commission g: /planning/pdrepo rt/re s/0 S dir00