TR-2008-04b
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Communzty ueveLopment uepartment
CITY OF
CUPEIQ"INO
June 12, 2008
Jennifer Jodoin
21710 Stevens Creek Blvd #200
Cupertino, Ca. 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - M-2008-01, TR-2008-04
This letter confirms the decision of the Planning Commission, given at the
meeting of June 10, 2008 approving a hillside exception to allow a 328 square foot
second story addition to an existing residence in the hillside zone on a prominent
ridgeline and a tree removal request to remove and replace 2 trees in conjunction
with proposed modification to the hillside exception, according to Planning
Commission Resolution Nos. 6514 and 6515.
Please be aware that if this permit is not used within a two-year period, it shall
expire on June 10, 2010.
Also, please note that an appeal of this decision can be made within 14 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,
Piu Ghosh
Assistant Planner
Enclosure:
Resolution No. 6514,6515
Cc: Janet De Carli, 11640 Regnart Canyon Rd., Cupertino CA 95014
g:jp/anning/post lzearing/action/etter M-2008-01, TR-2008-04
Printed on Recycled Paper
TR-2008-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6515
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TREE REMOVAL REQUEST TO REMOVE
AND REPLACE 2 TREES IN CONJUNCTION WITH A PROPOSED MODIFICATION
TO A HILLSIDE EXCEPTION (M-2008-01)
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TR-2008-04
J enifer Jodoin
11640 Regnart Canyon Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for the removal and replacement of 2 trees in conjunction with a proposed modification
to a hillside exception (M-2008-01); and
WHEREAS, the 2 trees are part of an approved landscape plan, subject to Chapter 14.18
of the Municipal Code, pertaining to Heritage and Specimen Trees; 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 application for tree removal is hereby recommended for
approval; 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-2008-04, as set forth in the Minutes of the Planning Commission
Meeting of June 10, 2007 are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
The applicant is approved to remove two trees on site in accordance with the
applicant's tree survey/removal plan identified on page A-4 dated 5/30/08 in
Resolution No. 6515
Page 2
TR-2008-04
June 10, 2008
the approved plan set titled: " DeCarli Residence Interior Remodel", except as
may be amended by the conditions of this Resolution.
2. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $10,000 to
ensure protection of trees slated for preservation prior to issuance of grading,
demolition or building permits. The bond shall be returned one year after
completion of construction, subject to a letter from the City Arborist indicating
that the trees are in good condition.
3. TREE REPLACEMENTS
The applicant shall prepare a revised landscape plan at the building permit stage,
substituting native trees for the proposed replacement trees where appropriate
and feasible. That revised landscape plan shall include the locations of two (2)
48-inch box California native Incense Cedar trees, one on the northeastern
downhill elevation and one on the eastern downhill elevation, to replace two
large Monterey Pine trees that are proposed to be removed to accommodate a
second-story addition. The revised plan shall be approved by the Director of
Community Development.
For any additional trees that are removed due to hazardous conditions or are
considered dead, the applicant shall be required to replace these trees in
accordance with the Protected Trees Ordinance. Species and size of replacement
trees shall be reviewed and approved by the Community Development
Department.
4. TREE TRIMMING
The applicant is responsible for proper tree maintenance including pruning. No
more than 25 percent of the functioning leaf and stem area of a protected tree
may be removed in a 12-month period as prescribed by an internationally
certified arborist. In addition, none of the trees identified on the approved
landscaping plan for the property may be topped or severely pruned back.
5. NOTICE OF FEES, DEDICATIONS, RESERV ATIONS 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.