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TR-2012-07b CUPERTIN4 March 12,2012 McClellan Development Attn: Mike McClellan 1448 Entrada Verde Alamo,Ca. 94507 OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 (408) 777-3308• FAX(408)777-3333•planning�cupertino.org SUBJECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER- Application TM-2012-02,TR-2012-07 This letter confirms the decision of the Administrative Hearing Officer, given at the meeting of March 8, 2012; approving a Tentative Map application to subdivide a .67 gross acre parcel into three lots ranging from 6,550 to 6,797 square feet; and a Tree Removal Permit to allow the removal of one (1) Deodar Cedar, one (1) Monterey Pine, one (1) Afghan Pine, one (1) Holly Oak and five (5) Coast Live Oak trees in conjunction with a three lot subdivision, located at 21185 Rainbow Drive,according to Resolution Nos. 1 and 2. Please be aware that if this permit is not used within one year,it shall expire on March 8,2013. Also,please note that an appeal of this decision can be made within 14 calendar days from the date of the mailing of the notification this decision. If this happens, you will be notified of a public hearing,which will be scheduled before the Planning Commission. Sincerely, George Schroeder Assistant Planner City of Cupertino Enclosures: Resolution No. 1 and 2 CC:Susan Beslet,21185 Rainbow Dr,Cupertino CA 95014 Lisa Fischer-Colbrie,21211 Rainbow Dr,Cupertino CA 95014 Mr.&Mrs.Chu,11465 Charsan Ln,Cupertino CA 95014 Marissa Kobylenski,11500 Charsan Ln,Cupertino CA 95014 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO. 2 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO ALLOW THE REMOVAL OF ONE DEODAR CEDAR,ONE MONTEREY PINE,ONE AFGHAN PINE,ONE HOLLY OAK,AND FIVE COAST LIVE OAK TREES IN CONJUNCTION WITH A THREE LOT SUBDIVISION AT 21185 RAINBOW DRIVE (NW CORNER OF RAINBOW DRIVE AND CHARSAN LANE) SECTION I: PROTECT DESCRIPTION Application No.: TR-2012-07 Applicant: Mike McClellan(Susan Beslet) Location: 21185 Rainbow Drive (APN#362-10-052) SECTION II: FINDINGS WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application to allow a Tree Removal Permit to allow the removal of one Deodar Cedar,one Monterey Pine, one Afghan Pine,One Holly Oak,and Five Coast Live Oak trees in conjunction with a three lot subdivision. WHEREAS,the Administrative Hearing Officer finds: 1) That the trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; 2) 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 trees. 3) That the protected tree(s) are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to the overplanting or overcrowding of trees on the subject property. 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-2012-07,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-2012-07 as set forth in the Minutes of the Administrative Hearing Meeting of March 8,2012,and are incorporated by reference herein. Resolution No.2 TR-2012-07 March 8,2012 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the arborist report entitled, "An Evaluation of the Existing Trees, Rainbow and Charsan Subdivision, 21185 Rainbow Drive, Cupertino, California;' dated February 4, 2012 by Michael L. Bench, Consulting Arborist, and except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. TM-2012-02 shall be applicable to this approval. 3. REQUIRED TREE REPLACEMENTS The applicant shall be responsible for the following tree replacements,in accordance with the City's Protected Trees Ordinance: The final planting plan shall be reviewed and approved by the Director of Community Development and the Director of Public Works prior to the Two-Story Permit approval. The plan shall consider the following: Coast Live Oak street trees, native/drought tolerant species and visibility for safety purposes. The required replacement trees shall be planted prior to final occupancy of the new homes associated with file no. TM-2012-02 and subsequent planning permits. The Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary.The final tree replacement plan shall be reviewed and approved prior to final building approval. 4. TREE REPLACEMENT BOND The applicant shall provide a tree replacement bond in an amount determined by the City Arborist prior to removals and issuance of demolition and grading permits.The bond shall be returned after the required tree replacements have been planted and verified by the City Arborist. 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 Resolution No.2 TR-2012-07 March 8,2012 Page 3 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 March 8, 2012 at a Regular Meeting of the Administrative Hearing Meeting of the City of Cupertino,State of California,by the following roll call vote: AYES: NOES: ABSENT: ATTEST: HEARING OFFICER: Aarti Shrivastava HEARING OFFICER: none HEARING OFFICER:none /s/George Schroeder George Schroeder Assistant Planner APPROVED: /s/Aarti Shrivastava Aarti Shrivastava Community Development Director