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TR-2003-03b 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX 777-3333 Community Department CITY OF CUPERJIN May 29, 2003 Mrs. Patricia Cooper 1320 Payette Court San Jose, CA 95129 SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2003-03 This letter confirms the decision of the Planning Commission, given at the meeting on May 27,2003, approving a landscape plan for an approved tree removal permit at the De Oro Club, located at 20441 Homestead Road, according to Planning Commission Resolution No. 6192. Please note that an appeal of this decision can be made within 14 calendar days. If this happens, you will be notified of a public hearing that will be scheduled before the City CounciL Sincerely, I~\ (],-(2;-J-C ~_,"Z1 ) / cr' Colin Ju ) Senior Planner Cc : Cupertino De Oro Club, 20441 Homestead Road, Cupertino 95014 g :jplamling/post lzearingjac tionle tterTR -2 003-03a TR-2003-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6192 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A LANDSCAPE PLAN FOR AN APPROVED TREE REMOVAL PERMIT AT THE CUPERTINO DE ORO CLUB AT 20441 HOMESTEAD ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received a landscape plan as part of the requirements for an approved tree removal permit, file no. TR-2003- 03, as described in Section II of this Resolution; and WHEREAS, the necessary public 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 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the landscape plan for approved tree removal application TR- 2003-03 is hereby approved subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; 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-2003-03, as set forth in the Minutes of the Planning Commission Meeting of April 28, 2003 and May 27, 2003 are incorporated by reference though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Property Owner: Location: TR-2003-032 De Oro Club of Cupertino (Patricia Cooper) De Oro Club of Cupertino 20441 Homestead Road Model No. 6192 Page 2 TR-2003-03 OS/27/03 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.) APPROVED EXHIBITS: The recommendation of approval is based on exhibit titled: "Planting Plan, Cupertino De Oro Club, 20441 Homestead Road, Cupertino, CAli, dated 5/4/03 and labeled page 1 of 1, except as may be amended by the 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 27th day of May 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Corr, Miller, Wong and Chairperson Chen COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Saadati ATTEST: APPROVED: / s / Steve Piasecki Steve Piasecki Director of Community Development / s / Angela Chen Angela Chen, Chair Cupertino Planning Commission G:\Planning\PDREPORT\RES\ TR-2003-03a res.doc ~ " __.______'~__l / , /- ~ ~ -" -:i / ~ .... 1 t- -> "':i.,- ~,1 ~ " <"'- 'X;-:z. ~'~ "'- _3 \ ~ 72 ~ L t ,I( !;:.:. -( -" '<( '(\ ~ ~ t ~ !il ..: :l- t t ~ :=. I t '" S . / / \ \ \ I / ~, l"-I---~- - - ~~ -~, ~... ~:;: ")~ (' +\'l '" ;E 3<<:: ~3 <:s:<o ~z '-'l~ ~!- =t~ ~~ ~ """'It; "Z ~,~ <;,'r- "\1) I I I / I j ?< ~ ...- ~ o!::' ~ 'i=' t '< ~ ....}. "" ~ $~ ~:~ -' \l\';~ ~ ~ '7 I lL- ~ \t\ ~ "':Z. 7- ..( -.lo l:L --" ~ "" --4, ~ ~ t:: ~I, , \i~ ~t ~, ~" ....': \~jl~ N'::Jl ~$'" s,j& ~;3 ~i-g 1Ije-!l! ~.~ ~~ <(li Ll~~ :@ ~j (I;J'"5 <J>"- ;<0 ~~ 1 ~ t;; , ~ ~~ ~~ g~ ~_:~ 10300 Torre Avenue Cupertino, CA 95014 CITY OF (408) 777-3308 CUP E RJ I N 0 ------"-~_.-,-..-..----,-,--.---.-'-,.-.----"..---..--_..-,..tommunTtY-L5eve~~~e~~~~~~t~~~1.....----'- May 14, 2003 Mrs. Patricia Cooper 1320 Payette Court San Jose, CA 95129 SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2003-03 This letter confirms the decision of the Planning Commission, given at the meeting on April 28, 2003, denying the removal of four specimen size trees: two Coast Live Oaks and two Torrey Pines, and approving the removal of one Deodara Cedar, located at 20441 Homestead Road, according to Planning Commission Resolution No. 6180. Please note that an appeal of this decision can be made within 14 calendar days. If this happens, you will be notified of a public hearing that will be scheduled before the City Council. c~h Colin Jung Senior Planner Cc : Cupertino De Oro Club, 20441 Homestead Road, Cupertino 95014 g ;fplanning/pos t Iwaring/actionletterTR -2003-03 TR-2003-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6180 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING THE REMOV AL OF FOUR SPECIMEN SIZE TREES: TWO COAST LIVE OAKS AND TWO TORREY PINES, AND APPROVING THE REMOVAL OF ONE DEODARA CEDAR AT 20441 HOMESTEAD ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for tree removall as described in Section II of this Resolution; and WHEREAS, the necessary public 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 not met the burden of proof required to support said application; and has not satisfied the following requirements: 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. While damage to improvements has been demonstrated, corrective measures can be executed to limit future damage without tree removal; 2.) That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of the 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 TR-2003-03 is hereby; 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-2003-03, as set forth in the Minutes of the Planning Commission Meeting of April 28, 2003 and are incorporated by reference though fully set forth herein. Resolution No. 6180 Page 2 TR-2003-03 04/28/03 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Property Owner: Location: TR-2003-03 De Oro Club of Cupertino (Patricia Cooper) De Oro Club of Cupertino 20441 Homestead Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of tree removal approval is based on Exhibit titled "Cupertino De Oro Club - Site Schematic, 20441 Homestead Road, Cupertino, January 2003" and consisting of 1 page, except as may be amended by the Conditions contained in this Resolution. 2. TREE REMOVAL APPROVAL The specimen size Deodara Cedar located at the northern edge of the westerly parking lot is approved for removaL If the tree is removed, replacement trees shall be planted subject to the approval of the Planning Conunission. The applicant shall submit a tree replacement plan to the Planning Commission in two weeks from the date of this resolution. PASSED AND ADOPTED this 28th day of April 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Corr, Miller, Saadati, Wong and Chairperson Chen COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: / sf Steve Piasecki Steve Piasecki Director of Community Development / s / Angela Chen Angela Chen, Chairperson Cupertino Planning Commission G ;/cup tn tlplann i ng/pdreport/res2Ires TR -2 003-03 :r: o ::I ~ CA -+ ~ D 0- AJ o 8- ""CI o:::.r.. $ " .lit Saratoga-Sunnyvale Road Chevron Property < WI-' Q'lQ'l ~N It II 0>-3 l)) 0 . ~ ~ LI(1) 1-'.>< <: ID'"d 1-'. O::::l llJ ID 7i'Ul Ul -0 D r, o ^ -+ 5. to J::>. e w .0 C7C (')~~ cO:l tT'., _. o ::s o (0 -u rD ., o ^ -+ 5- lO S.J,u3lU.J.JodV 13WJOJ I\.) ~ ~ \J ~ .... t::j t::j (1) o 0.. 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