TR-2004-05b
CITY OF
CUPERJINO __.
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
-------------FAX-(408) 77~'=U_--.'"-'"-
Community Development Department
September 15,2004
Nathan Lewis (Westridge HOA)
10166 English Oak Way
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2004-05
This letter confirms the decision of the Planning Commission, given at the meeting on
September 13,2004, approving a request to remove over 25% of the canopy of a 53-inch
Valley Oak tree in a planned residential development, located at 10166 English Oak
Way, according to Planning Commission Resolution No. 6271.
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,
Peter Gilli
Senior Planner
Cc : Westridge HOA, cf 0 Community Management Services, AUn : Pauline Moore,
1935 Drycreek Road, Suite 203, Campbell, CA 95008
g ;fplann iI 19/post heari I 19/actionle tterTR - 2004-05
TR-2004-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6271
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE OVER 25% OF THE CANOPY OF A 53-INCH V ALLEY OAK
TREE IN A PLANNED RESIDENTIAL DEVELOPMENT
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TR-2004-05
Nathan Lewis (Westridge Homeowners Association)
10166 English Oak Way
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove more than 25 % of the canopy of a Valley 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 Valley Oak, due to the presence of a disease, has major limbs that are
susceptible to failure, and that the removal of these limbs is to protect the health and
safety of nearby residents.
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-2004-05, as set forth in the Minutes of the Planning Commission
Meeting of September 13, 2004 are incorporated by reference herein.
Resolution No. 6271
Page 2
TR-2004-05
09/13/04
""'~M
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROV AL ACTION
The removal of three major limbs constituting over 25% of the canopy of a 53-inch
diameter Valley Oak Tree in the common yard area of a planned residential
development near 10166 English Oak Way is authorized.
2. MITIGATION OF LIMB FAILURE
The applicant shall install steel bracing and cabling to support the remaining limbs
subject to the approval of Planning staff based on recommendations from the City's
consulting arborist. The installation of the bracing shall occur within one month of
the cutting of the major limbs referenced in Condition 1.
3. FUTURE ACTION AUTHORIZED
During or following the completion of the work described in Condition 2, Planning
staff may authorize additional limb removal or removal of the entire tree if the
Homeowners Association provides an certified arborist's assessment that (1) it is
discovered during the limb cutting proposed at this time that due to the degradation
of the remaining limb(s), it is impossible to attach steel bracing and cabling to said
limb(s); or (2) following the installation of the steel bracing and cabling, one or more
limbs start to show signs of structural failure.
4. REPLACEMENT REQUIREMENT
In the event that the tree is removed in its entirety, the replacement shall be two 24ft
box Valley Oak trees in the northwest common area of the complex.
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) (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.