TR-2004-03b
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
CITY OF
IN
August 10, 2004
Mr. J OM Ghashghai
10230 Scenic Blvd.
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - R-2004-17, TR-2004-
03
This letter confirms the decision of the Planning Commission, given at the
meeting of August 9, 2004, approving a design review of a 1,929 square foot
addition to an existing residence that requires an exception to the front yard
setback and a tree removal to remove a specimen oak tree, located at 10230
Scenic Boulevard, according to Planning Commission Resolutions No.(s) 6263
and 6264.
Please be aware that if the design review permit is not used within a one-year
period, it shall expire on August 9, 2005.
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.
Sincerel y,
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Assistant Planner
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Cc: Kelly Walsh, 10230 Scenic Blvd., Cupertino, CA 95014
gjplarming/post hearing/actionletter 1'-2004-17, tr-2004-03
TR-2004-03
CITY OF CUPERTINO
1 0300 Tone Avenue
Cupertino, California 95014
RESOLUTION NO. 6264
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TREE REMOV AL TO REMOVE A SPECIMEN OAK TREE.
SECTION 1: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TR - 2004-03
John GhashghaifKelly Walsh
10230 Scenic Boulevard
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tree Removal Permit, as described on Section I of this Resolution; and
WHEREAS, the necessary 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
WHEREAS, the applicant has met the burden of proof required to support this
application, and has satisfied the following requirements:
1. That the location of the tree or 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..
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. TR-2004-03 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-2004-03, as set forth in the Minutes of the Planning Commission
Meeting of August 9, 2004, and are incorporated by reference herein.
Resolution No. 6264
Page 2
TR-2004-03
August 9, 2004
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-,---------,------------------------------------------_._----------
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the Plan Set entitled: "Ghashghai Residence," consisting of 3
sheets labeled: Al, A2 and A3, except as may be amended by conditions contained
in this resolution.
2. 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) (I), 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 9th day of August 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and
Chairperson Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
APPROVED:
I sl Steve Piasecki
Steve Piasecki
Director of Community Development
I sl Taghi Saadati
Taghi Saadati, Chairperson
Cupertino Planning Commission
G:\Plaunil1g\PDREPORT\RES\ TR-2004-03 res.doc
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