TR-2009-16bCITY OF
CUPERTiNO
October 29, 2009
Mr. & Mrs. Bigler
11230 Bubb Road
Cupertino, CA 95014
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
SUBJECT: PLANNING COMMISSION ACTION LETTER - TM-2009-02, TR-2009-16
This letter confirms the decision of the Planning Commission, given at the meeting of
October 27, 2009, approving a Tentative Map to subdivide a 13.47 acre parcel into four
parcels ranging from 2.86 acres to 3.65 acres each, located at 22045 Regnart Road,
according to Planning Commission Resolution No.(s) 6570 & 6571.
Please be aware that if the Tentative Map permit is not used within athree-year period,
it shall expire on October 27, 2012.
Also, please note that an appeal of this decision can be made within 10 calendar days
from the date of this letter. If this happens, you will be notified of a public hearing,
which will be scheduled before the City Council.
Sincerely,
~~
Colin Ju ,Senior Planner
Planning Department
City of Cupertino
Enclosures:
Resolution 6570 & 6571
g:/pln~tning/post hem-iltg/actionletterTM-2009-0, TR-2009-16
TR-2009-16
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6571
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE
REMOVAL OF EIGHT COAST LIVE OAKS AT 22045 REGNART ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2009-16
Applicant: Robert Bigler
Location: 22045 Regnart Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application to
approve the removal of six (6) Coast Live Oak trees that are by species and size considered
protected trees subject to Chapter 14.18, the Protected Tree Ordinance of the City of Cupertino;
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
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the Planning Commission finds that:
the six aforementioned oak trees can cause potential damage to or interfere with proposed
essential structures: roads and utilities; and
in addition, the Commission identified two other coast live oak trees tagged #29 and #73 that
are deemed hazardous.
That the application for Tree Removal, file no. TR-2009-16, is hereby approved, and tree #29 and
#73 are also approved for removal; 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 TR-2009-16, as set
forth in the Minutes of the Planning Commission Meeting of October 13 and October 27, 2009
are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVAL ACTION
Approval is based on a plan set sheet titled: "Tentative Map, Lands of Bigler, 4-Lot
Subdivision, 22045 Regnart Road, A.P.N. 366-46-004, Cupertino, California/Sheet no. 3 of
6," and A Tree Inventory and Review of the Proposed Subdivision and Development at
22045 Regnart Road, Cupertino, California APN 336-46-004, prepared by David Babby,
Resolution No. 6571 TR-2009-16 October 27, 2009
Page 2
dated February 8, 2008, except as may be modified by the conditions contained in this
resolution.
The protected oaks authorized for removal are identified by their metal tag numbers: 29, 73,
115, 118, 130, 131, 132, and 133. If the alternate southern driveway alignment is
implemented by the applicant (tentative map exhibit sheet 3 of 6, dated Oct. 2009), tree nos.
130 through 133 shall be preserved on the property.
2. TREE REMOVAL & REPLACEMENT
The removed oaks shall be replace with a minimum of 12, 24" box Coast Live Oaks and 2,
36" box Coast Live Oaks prior to the issuance of a building permit for any new residence on
the subject property and to the satisfaction of the Director of Community Development.
Tree replacement requirement shall be modified in accordance with the Protected Trees
Ordinance if any of the protected oaks authorized for removal in Condition No. 1 are
preserved.
3. ADDITIONAL TREE PROTECTION MEASURES
Subdivision improvement plans shall incorporate the tree protection measures
outlined in a review letter prepared by David Babby dated August 22, 2008.
4. 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 27th day of October 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Kaneda, Lee, Miller, Vice-Chair Brophy
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chairperson Giefer
ATTEST: APPROVED:
/ s/ Aarti Shrivastava
Aarti Shrivastava, Director
Community Development Department
~[ s/Paul Brophy
Paul Brophy, Vice-Chair
Planning Commission
G: ~ Planning ~ PDREPORT ~ RES ~ 2009 ~ TR-2009-16 res.doc