TR-2003-07b
10300 Torre Avenue
Cupertino, CA 95014
CITY OF (408) 777-3308
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October 15,2003
Mr. Byron Navid
20480 Blauer Drive, #A
Saratoga, CA 95070
SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2003-07
This letter confirms the decision of the Planning Commission, given at the meeting on
October 13, 2003, approving a request to remove a 30" diameter cedar to accommodate
a new single family residence,located at 10950 Stevens Canyon Road, Lot 1, according
to Planning Commission Resolution No. 6208.
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.
SincerelYr
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Colin J1!.ry(g .'
Senior Planner
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TR-2003-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6208
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE ONE 30" DIAMETER CEDAR TREE AND REPLACING IT
WITH THREE 48" BOX BLUE ATLAS CEDAR OR DEODAR CEDAR TREES AT 10950
STEVENS CANYON ROAD.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for tree removat 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 met the burden of proof required to support said
application; and has satisfied the following requirements:
1.) The proposed use, at the proposed location, will not be detrimental or injurious
to property or improvements in the vicinity, and will not be detrimental to public
health, safety, general welfare, or convenience;
2.) The proposed replacement trees are adequate in number, size and species to
compensate for the removal of a large specimen tree of importance to the
community;
3.) The proposed project will be located and conducted in a manner in accord with
the Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application TR-2003-07 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-2003-07, as set forth in the Minutes of the Planning Commission
Meeting of October 13, 2003 are incorporated by reference though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: TR-2003-07
Applicant: Bryon Navid/Navico
Property Owner: Bryon Navid/Navico
Location: 10950 Stevens Canyon Road
Resolution No. 6208
Page 2
TR-2003-07
10/13/03
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1.) APPROVED EXHIBITS:
The recommendation of approval is based on exhibit titled: Cedar Replacement Plan
& Privacy Protection Planting Plan, sheet labeled A.2a dated 5/15/03, except as may
be amended by the Conditions contained in this Resolution.
2.) REPLACEMENT TREES:
Three (3) 48-inch box Blue Atlas Cedar or Deodar Cedar trees shall replace the 30"
Cedar to be removed. The trees will be planted as indicated in the Cedar
Replacement Plan mentioned above.
3.) HOUSE DESIGN:
The revised design for Lot 2 shall be presented to the Design Review Committee as
an informational item under old business with no action to be taken.
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) (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 13th day of October 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 Vice-Chairperson Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS: Chairperson Chen
ATTEST:
APPROVED:
f sf Steve Piasecki
Steve Piasecki
Director of Community Development
G:\Planning\PDREPORT\RES\ TR-2003-07 res.doc
f sf Taghi Saadati
Taghi Saadati, Vice-Chairperson
Cupertino Planning Commission