CC 08-21-2018 Item No. 24 Scenic Subdivision Reconsideration PresentationTM-2015-01 AND TR-2016-28Petition for Reconsideration
Project RequestsTentative Map application to allow the subdivision of three (3) parcels into five (5) parcels – four (4) residential and one (1) common (private street), Tree Removal Permit to allow the removal and replacement of seven (7) protected trees and associated environmental review.
Project Site
Background ●October 19, 2017: Environmental Review Committee recommended adoption a Mitigated Negative Declaration on a 4-0 vote●April 10, 2018 Planning Commission recommended denial of the Tentative Map (TM-2015-01) and Tree Removal Permit (TR-2016-28) on a 3-2 vote
Background ●May 15, 2018: City Council denies the application, upholding Planning Commission recommendation (5-0 vote)●May 29, 2018 Petition for Reconsideration filed by Richard K. Abdalah
City Council Reconsideration●Cupertino’s Municipal Code Section 2.08.096, provides procedures for interested parties to petition the City Council to reconsider its decisions
Basis for Reconsideration ●Proof of facts which demonstrate that the City Council abused its discretion by (CMC Section 2.08.96):●Not preceding in a manner required by law; and/or●Rendering a decision which was not supported by findings of fact; and/or●Rendering a decision in which the findings of fact were not supported by the evidence.
Ground for Reconsideration●Not proceeding in a manner required by law●Rendering a decision which was not supported by findings of fact; and/or●Rendering a decision in which the findings of fact were not supported by the evidence
Noticing Notice of Public Hearing, Site Notice& Legal AdAgendaSite Signage (14 days prior tothe hearing)Legal ad placed in newspaper(at least 10 days prior to thehearing)53 notices mailed to propertyowners within 300 feet (at least10 days prior to the hearing)Posted on the City’sofficial notice bulletinboard (five days prior tothe hearing)Posted on the City ofCupertino’s Web site (fivedays prior to the hearing)
Recommendation ●Adopt resolution No. 18-4065 deny the petition for reconsideration, or●If the Council determines the Petition meets the criteria, conduct a hearing on the merits of the petition and make final determination on the project
Next Steps ●City Council decision is final, as they would have exhausted all of the available administrative remedies.