DRC Reso 296 TR-2010-44
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 296
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
TO ALLOW A TREE REMOVAL PERMIT FOR THE REMOVAL AND
REPLACEMENT OF AN EXISTING COAST LIVE OAK TREE LOCATED AT
21835 LOMITA AVENUE (APN 357-16-063)
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2010-44
Applicant: Minerva Abad (jerry Liu and jennifer Fang)
Location: 21835 Lomita Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an application to
allow a Tree Removal Permit for the removal and replacement of an existing Coast Live Oak
tree.
WHEREAS, the Design Review Committee finds that:
1. That the tree is in danQer o�allin,g and can cause potential damage to existinQ or proposed
essential structures
NOW,THEREFORE, BE IT RESOLVED: � .,
That after careful consideration of maps,facts,exhibits,testimony and other evidence submitted
in this matter, the Application No. TR-2010-44,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 TR-2010-44 as set
forth in the Minutes of the Design Review Committee Meeting of November 18, 2010, and are
incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the arborist report by Arbor Resources dated October 22, 2010, except
as may be amended by the conditions in this resolution.
Resolution No.296 TR-2010-44 November 18,2010
Page 2
2. TREE REPLACEMENTS
The applicant shall be required to plant one (1) 36-inch box size or two (2) 24" box trees of
either Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), or Deodar Cedar
(Cedrus deodara) species on the property in accordance with the City's Protected Trees
Ordinance. The trees shall be planted at least 10 feet from hardscape areas and 20 feet from
the foundation. The required replacement tree(s) shall be planted prior to final occupancy
of the two story house.
3. 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 day of November 18, 2010, at a Regular Meeting of the Design
Review Committee of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMITTEE MEMBERS: Chairperson Lee, Miller
NOES: COMMITTEE MEMBERS:none
ABSTAIN: COMMITTEE MEMBEIZS: none
ABSENT: COMMITTEE MEMBERS: none
ATTEST: APPROVED:
"�__.y-�'t..o�. - J �
ry ao Winnie Lee,Cha rsm
City Planner Design Review Committee