TR-2012-19b City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
(408) 777-3308
C U P E RT I N O FAX (408) 777-3333
Communih�Develop»ient Department
June 13, 2012
Holiday Drive, LLC
Attn: Barre Barnes
2175 De La Cruz Blvd #C
Santa Clara,Ca. 95050
SUBJECT: PLANNING COMMISSION ACTION LETTER- EXC-2011-11,V-2011-03,TR-2012-19
This letter confirms the decision of the Planning Coirunission, given at the meeting of June 12, 2012,
approving a Hillside Exception to allow the construction of a new 4,478 square foot single family
residence with an approximately 840 square foot basement on slopes greater than 30% on a vacant lot; a
Tree Removal Permit to allow the removal and replacement of two protected Coast Live Oak hees (a 20"
diameter, two-trunked tree and a 28" diameter, three-trunked tree) in conjunction with the development
of the single family, hillside, residence; and the denial of a Variance to allow an attached first-story deck
more than 18 inches above grade to be setback 0 feet from the side property line where 10 feet is
required, located at 21740 Rainbow Drive, according to Planning Coirunission Resolution No.(s) 6704,
6705 and 6706.
Please be aware that if this Permit is not used within a two-year period, it shall expire on June 12, 2014.
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 puUlic hearing, which will be
scheduled before the City Council.
Sincerely,
C.o'"`.,
Colin jung
Senior Planner
Plannulg Department
Enclosures: Resolution 6704, 6705 and 6706
g:/planning/post)�earing/actionletferexc201111,a201103,fr201219
TR-2012-19
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6706
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING THE REMOVAL AND REPLACEMENT OF TWO PROTECTED TREES: A 20"DIAMETER,TWO-
TRUNKED AND A 28" DIAMETER,THREE-TRUNKED COAST LIVE OAKS IN CONJUNCTION WITH THE
DEVELOPMENT OF A SINGLE FAMILY HILLSIDE RESIDENCE AT 21740 RAINBOW DRIVE (APN: 366-03-063)
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2012-19
Applicant: Barre Barnes
Property Owner: Holiday Drive,LLC
Location: 21740 Rainbow Drive(APN:366-03-063)
SECTION II: FINDINGS FOR TREE REMOVAL
WHEREAS, the Planning Commission of the City of Cupertino received an application far tree removal, as
described in Section I 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 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
property in a manner not typically experienced by owners of similarly zoned and situated property, and the
applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable
alternatives to preserve the tree(s).
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter,
suUject to the conditions which are enumerated in this Resolution beginning on page 2 thereof,:
The application for a Tree Removal Permit, Application No. TR-2012-19, is hereUy approved, and that the
subconclusions upon which the findings and conditions specified in this Resolution are Uased and contained in the
Public Hearing record concerning Application no. TR-2012-19 as set forth in the Minutes of Planning Commission
Meeting of June 12,2012,and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the arUorist report titled: "Evaluation of the Existing Trees at 21740 Rainbow Drive,
Cupertino, California" dated November 17, 2011, consisting of 6 pages, prepared by Michael L. Bench,
Consulting Arborist,except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EXC-2011-11 and V-2011-03 shall be applicable to this
approval.
3. APPROVED TREE REMOVALS/REQUIRED TREE REPLACEMENTS
The applicant has approval to remove tree #7 and #8 identified in the Michael L. Bench arborist report
descriUed in Condition #1 and further identified as a 28" diameter three-trunked and a 20" diameter two-
trunked Coast Live Oaks. Applicant shall be required to plant Coast Live Oak replacements in and around the
Resolution No.6706 TR-2012-19 June 12,2012
property in accordance with the City's Protected Trees Ordinance. The required replacement trees shall Ue
planted prior to final occupancy of the project associated with file no. EXC-2011-11 and V-2011-03.
4. TREE PROTECTION
Prior to building permit issuance, the tree protection measures contained in the Michael L. Bench Arborist
Report described in Condition#1,shall be implemented as deemed appropriate by the Director of Community
Development for the trees to be retained. The tree protection measures shall be placed in the construction plan
set. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of
final occupancy.
5. 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.
6. DISPOSAL OF REMOVED TREES
Oaks approved for removal shall only be removed during the dry season and disposed of in a Santa Clara
County-based landfill. Removal activities shall comply with protocol recommended by the California Oak
Mortality Task Force. Prior to building permit issuance, applicant shall submit a tree removal plan that will be
reviewed and approved by the City Arbarist.
7. PERMIT EXPIRATION
The subject tree removal permit approval shall expire two (2)years from the date of approval if not used.
PASSED AND ADOPTED this 12th day of June 2012,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 Miller,Vice Chair Sun,Lee,Brownley
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS: Brophy
ATTEST: APPROVED:
/s/Gary Chao /s/Marty Miller
Gary Chao,City Planner Marty Miller,Chair
Community Development Planning Commission
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