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TR-2009-16bCITY OF CUPERTiNO October 29, 2009 Mr. & Mrs. Bigler 11230 Bubb Road Cupertino, CA 95014 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUBJECT: PLANNING COMMISSION ACTION LETTER - TM-2009-02, TR-2009-16 This letter confirms the decision of the Planning Commission, given at the meeting of October 27, 2009, approving a Tentative Map to subdivide a 13.47 acre parcel into four parcels ranging from 2.86 acres to 3.65 acres each, located at 22045 Regnart Road, according to Planning Commission Resolution No.(s) 6570 & 6571. Please be aware that if the Tentative Map permit is not used within athree-year period, it shall expire on October 27, 2012. Also, please note that an appeal of this decision can be made within 10 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, ~~ Colin Ju ,Senior Planner Planning Department City of Cupertino Enclosures: Resolution 6570 & 6571 g:/pln~tning/post hem-iltg/actionletterTM-2009-0, TR-2009-16 TR-2009-16 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6571 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL OF EIGHT COAST LIVE OAKS AT 22045 REGNART ROAD SECTION I: PROTECT DESCRIPTION Application No.: TR-2009-16 Applicant: Robert Bigler Location: 22045 Regnart Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to approve the removal of six (6) Coast Live Oak trees that are by species and size considered protected trees subject to Chapter 14.18, the Protected Tree Ordinance of the City of Cupertino; 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 Planning Commission finds that: the six aforementioned oak trees can cause potential damage to or interfere with proposed essential structures: roads and utilities; and in addition, the Commission identified two other coast live oak trees tagged #29 and #73 that are deemed hazardous. That the application for Tree Removal, file no. TR-2009-16, is hereby approved, and tree #29 and #73 are also approved for removal; 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-2009-16, as set forth in the Minutes of the Planning Commission Meeting of October 13 and October 27, 2009 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION Approval is based on a plan set sheet titled: "Tentative Map, Lands of Bigler, 4-Lot Subdivision, 22045 Regnart Road, A.P.N. 366-46-004, Cupertino, California/Sheet no. 3 of 6," and A Tree Inventory and Review of the Proposed Subdivision and Development at 22045 Regnart Road, Cupertino, California APN 336-46-004, prepared by David Babby, Resolution No. 6571 TR-2009-16 October 27, 2009 Page 2 dated February 8, 2008, except as may be modified by the conditions contained in this resolution. The protected oaks authorized for removal are identified by their metal tag numbers: 29, 73, 115, 118, 130, 131, 132, and 133. If the alternate southern driveway alignment is implemented by the applicant (tentative map exhibit sheet 3 of 6, dated Oct. 2009), tree nos. 130 through 133 shall be preserved on the property. 2. TREE REMOVAL & REPLACEMENT The removed oaks shall be replace with a minimum of 12, 24" box Coast Live Oaks and 2, 36" box Coast Live Oaks prior to the issuance of a building permit for any new residence on the subject property and to the satisfaction of the Director of Community Development. Tree replacement requirement shall be modified in accordance with the Protected Trees Ordinance if any of the protected oaks authorized for removal in Condition No. 1 are preserved. 3. ADDITIONAL TREE PROTECTION MEASURES Subdivision improvement plans shall incorporate the tree protection measures outlined in a review letter prepared by David Babby dated August 22, 2008. 4. 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 27th day of October 2009, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Kaneda, Lee, Miller, Vice-Chair Brophy NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Chairperson Giefer ATTEST: APPROVED: / s/ Aarti Shrivastava Aarti Shrivastava, Director Community Development Department ~[ s/Paul Brophy Paul Brophy, Vice-Chair Planning Commission G: ~ Planning ~ PDREPORT ~ RES ~ 2009 ~ TR-2009-16 res.doc