TR-2004-02b
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
CITY OF
CU,PERJINO
Community Development Department
May 25, 2004
Manzur Gill
10131 Linda Ann Place
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2004-02
This letter confirms the decision of the Planning Commission, given at the meeting on
May 24, 2004, approving a request to remove a redwood tree and replace it with a 36"
box Bradford Pear, located at 10131 Linda Ann Place, according to Planning
Commission Resolution No. 6248.
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 that will
be scheduled before the City Council.
Sincerely,
&</
Ciddy Wordell
City Planner
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TR-2004-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6248
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE A REDWOOD TREE AND REPLACE IT WITH A 36" BOX
BRADFORD PEAR
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TR-2004-02
Mansur Gill
10131 Linda Ann Place
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove a redwood tree and replace it with another tree, as described in this
Resolution; and
WHEREAS, the applicant has met the burden of proof required to support removal of
the tree and has satisfied the following requirement:
1. The redwood tree was removed without a permit and the applicant is required to
replace it with a 36" box Bradford Pear
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application for Tree Removal is hereby approved as modified,
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-2004-02, as set forth in the Minutes of the Planning Commission
Meeting of May 24, 2004 are incorporated by reference herein.
Resolution No. 6248
Page 2
TR-2004-02
5/24/04
,._"
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
Removal of the redwood tree is approved retroactively, and shall be replaced with a
36" Bradford Pear within 30 days of approval.
2. TREE RECORDATION
The applicant shall record a covenant on the property identifying the Bradford Pear
and existing redwood trees as protected trees within 30 days of approval.
3. FENCE COLOR
The perimeter fence on the property shall be painted white to match the fence on the
north side of Linda Ann Place within 30 days of approval.
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 24th day of May 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
COMMISSIONERS:
Chairperson Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Chen, Giefer, Miller, Vice-Chair Wong and
NOES:
ABSTAIN:
ABSENT:
ATTEST:
APPROVED:
/ sl Steve Piasecki
Steve Piasecki
Director of Community Development
I sl Taghi Saadati
Taghi Saadati, Chairperson
Cupertino Planning Commission
G:\Plaulling\PDREPORT\RES\ TR-2004-02 res.doc