TR-2004-07b
10300 Torre Avenue
Cu pertino, CA 95014
(408) 777-3308
Connnunity Development Departnzent
January 26,2005
Greg Richmond
833 Pear Avenue
Sunnyvale, CA 94087
SUBJECT: PLANNING COMMISSION ACTION LETTER - R-2004-18, TR-2004-
07, EXC-2004-11, V-2004-03
This letter confirms the decision of the Planning Commission, given at the
meeting of January 25, 2005, approving a new two-story residence with a floor
area ratio of 39%, Rl exceptions for a second-story that is 45% of the first story, a
fifteen foot front setback, a twenty-eight foot long second story wall without
required offsets and a second story deck exception, a request to remove a
diseased twenty-four inch diameter oak tree on a single-family residential
project, a parking exception for a substandard driveway apron space on single-
family residential property and denying a variance to Chapter 19.80 B(1)(k) for a
second-story deck with a side setback of ten feet where fifteen is required,
located at 10495 Scenic Boulevard, according to Planning Commission
Resolutions No.(s) 6291/6292,6293 and 6294.
Please be aware that a complete building permit application must be submitted
before March 1, 2005 or the permit will be invalid.
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,
Peter Gilli
Senior Planner
G; \ Planning \ Post Hearing \ Action Letters \ action letter 1'200418, tr200407,exc200411,.v200403.doc
TR-2004-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6292
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE A DISEASED TWENTY-FOUR INCH DIAMETER OAK TREE
ON A SINGLE-F AMIL Y RESIDENTIAL PROJECT
SECTION 1: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
TR-2004-07
Greg Richmond
10495 Scenic Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove a twenty-four inch diameter Oak tree, as described in this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support removal of
this tree and has satisfied the following requirements:
1) The oak tree, due to the presence of a disease, is a health and safety risk and must be
removed.
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-2004-07, as set forth in the Minutes of the Planning Commission
Meeting of January 25, 2005 are incorporated by reference herein.
Resolution No. 6292
Page 2
TR-2004-07
January 25, 2005
SECTION HI: CONDITIONS ADMINISTERED BY THE COMMUNIlY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
The removal of a twenty-four inch oak tree as shown on Sheet 1 entitled "Residence
for Richmond" is authorized.
2. REPLACEMENT REQUIREMENT
Two 24" box Coast Live Oak trees shall be planted on-site. One tree must be located
in the front yard. This front yard tree satisfies the front-yard tree-planting
requirement of the R1 Ordinance for new two-story houses. Both trees shall be
planted and recorded on a covenant prior to final occupancy of the new house.
3. NOTICE OF FEES, DEDIC A DONS, 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 25th day of January 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
COMMISSIONERS:
Chairperson Wong
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Chen, Giefer, Vice-Chair Miller, Saadati and
NOES:
ABSTAIN:
ABSENT:
ATTEST:
APPROVED:
I sl Steve Piasecki
Steve Piasecki
Director of Community Development
I sl Gilbert Wong
Gilbert Wong, Chairperson
Cupertino Planning Commission