TR-2011-22b City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
C U P E RT I N O FAX (408) 777-3333
Community Development Department
August 10, 2011
WJB Canyon, LLC
Attn: Barre Barnes
2175 De La Cruz Blvd #C
Santa Clara, Ca. 95050
SUBJECT: PLANNING COMMISSION ACTION LETTER - EXC-2011-08, INT-2011-01, TR-2011-22
This letter confirms the decision of the Planrung Commission, given at the meeting of August 9, 2011,
approving a Hillside Exception to allow the construction of a new 3,704 square foot single family
residence with an approximately 1,189 square foot basement on slopes greater than 30%, an
Interpretation of the front yard of the corner lot to be Cordova Road and the removal and replacements
of protected 25" and 32" diameter Coast Live Oak trees in conjunction with the construction of the new
residence, located at Lot 167, Cordova Road, according to Plarutulg Coinmission Resolution No.(s) 6652,
6653 and 6654.
Please be aware that if this Permit is not used within a two-year period, it shall expire on August 9, 2013.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
�
Colin Jung
Senior Planner
Planning Department
Enclosures: Resolution 6652, 6653 and 6654
g/planning/post liearing/actio�zlefterEXC-2011-08,INT-2011-01,TR-2011-22
TR-2011-22
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6654
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE
REMOVAL AND REPLACEMENTS OF PROTECTED 25" AND 32" DIAMETER COAST LIVE OAK TREES
IN CONJUNCTION WITH A PROPOSED NEW SINGLE FAMILY RESIDENCE
AT LOT 167 CORDOVA ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2011-22
Applicant: Barre Barnes (WJB Canton, LLC)
LocaHon: Lot 167, Cordova Road APN# 342-17-068
SECTION II: FINDINGS FOR TREE REMOVAL
WHEREAS, the Planning Commission of the City of Cupertino received an application for tree removal, as
described in Section I of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative
Declaration; and
WHEREAS, the necessary public noHces have been given in accardance with the Procedural Ordinance of the City
of Cupertino, and the Planning Commission has held at least one public hearing on this matter; and
WHEREAS, the Planning Commission finds the following with regard to this application:
1. That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of
the property in a manner not typically experienced by owners of similarly zoned and situated property, that
the trees are in poor to questionable health and are unlikely to survive construction on the property, despite
protective measures, and the applicant has demonstrated to the satisfaction of the approval authority that there
are no reasonable alternatives to preserve the tree(s).
2. That the applicant desires to protect the 32" diameter oak and the Commission desires to afford the applicant
the opportunity to attempt to preserve the tree.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this ResoluHon beginning on page 2 thereof,:
A Mitigated Negative Declaration (file no. EA-2011-08) is hereby adopted; the application for a Tree Removal Permit,
Application no. TR-2011-22, is hereby approved, 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
no. TR-2011-22 as set forth in the Minutes of Planning Commission Meeting of August 9, 2011, and are incorporated
by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED REMOVALS
The two protected oaks which are 25" and 32" in diameter are approved for removal. The oaks are described
and the approval is based on the arborist report prepared by Consulting Arborist, Michael Bench, dateci June 6,
2011 entitled, "An Evaluation of the Existing Trees on the corner property at Cordova Road and San Juan Road,
Cupertino California' (Trees #7 and #8), and a report prepared by The Shady Tree Company, dated May 25,
2011 entitled "Tree Report for 430 Cardova Rd, Cupertino California APN #342-17-068"except as may be
amended by conditions in this resolution.
Resolution No. 6654 TR-2011-22 August 9, 2011
2. CONCURRENT APPROVAL CONDTTIONS
The conditions of approval contained in file nos. EXC-2011-08 and INT-2011-01 shall be applicable to this
approval.
3. PROTECTION OF OAK TREE #8
The applicant shall strive to preserve the 32" diameter Coast Live Oak described in condition #1 above and
incorporating the protection recommendations described in the Bench and Shady Tree arborist reports. During
the course of the grading and construction activities, the applicant finds that preservation of the oak proves
infeasible or the oak suffers irreparable harm, the applicant is authorized to remove the tree.
4. REQUIRED TREE REPLACEMENTS
For each of the specimen size oaks removed, the applicant shall be required to plant one 36" box or two 24" box
Coast Live Oaks on the property, i n accordance with the City's Protected Trees Ordinance. The required
replacement trees shall be shown on the building plans and shall be planted prior to final occupancy of the
project associated with file nos. EXC-2011-08 and INT-2011-01.
5. ADDITIONAL TREE REPLACEMENTS
The Director of Community Development shall have the discretion to require additional tree replacements as
deemed necessary. The final tree replacement plan shall be reviewed and approved prior to final building
approval.
6. 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, reservaHons, 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 lega barr from l ate r c h a ll e nging suc exactio
PASSED AND ADOPTED this 9th day of August 2011, at a Regular Meeting of the Planning Commission of the
City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
/s/Gary Chao /s/Winnie Lee
Gary Chao Winnie Lee, Chair
City Planner Planning Commission
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