TR-2003-11b
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
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ClTV OF
CU PEf(f1
December 9, 2003
Ms. Karen Fox
15796 Cherry Blossom Lane
Los Gatos, CA 95032
SUBJECT: PLANNING COMMISSION ACTION LETTER - DIR-2003-21, TR-
2003-11
This letter confirms the decision of the Planning Commission, given at the
meeting of December 8, 2003, approving a director's minor modification to an
approved use permit to renovate and relandscape a portion of an existing church
site and a tree removal request to remove six trees (red leaf plums) as part of an
approved landscaping plan and planting of 24" box replacement trees, located at
10181 Finch Avenue (Bethel Lutheran Church), according to Planning
Commission Resolution No. 6226 and 6227.
Please be aware that if this permit is not used within a two-year period, it shall
expire on December 8, 2005.
Also, please note that an appeal of this decision can be made within 14 calendar
days. If this happensl you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
.. Ii) /J"~
t " r
i ;. .1'0
" ".,.,...<111 1 :" /'.">/"",/.~
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Senior Planner
Cc : Bethel Lutheran Church, 10181 Finch A venue, Cupertino 95014
g:jplannintvpost hearing/action/etter 0/1\.-2003-21, TR-2003-11
TR-2003-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6226
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A REQUEST TO REMOVE SIX TREES (RED LEAF PLUMS) AS PART OF
AN APPROVED LANDSCAPING PLAN AND PLANTING OF 24" BOX
REPLACEMENT TREES, LOCA TED AT 10181 FINCH AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TR-2003-11
Karen Fox (Bethel Lutheran Church)
10181 Finch Avenue
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove and replace six red leaf plum trees, as described in this Resolution; and
WHEREAS, the tree removal and subsequent tree replacement is part of an overall
landscape improvement plan for the church.
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 proposed;
and
That the subcondusions upon which the finds and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application No. TR-2003-11, as set forth in the Minutes of the Planning Commission
Meeting of December 8, 2003 are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the Title Page and Site Plan titled: "
Bethel Lutheran Church, 10181 Finch Avenue, Cupertino, CA," dated 10/20/03 and
labeled T-t and a landscape plan titled: "The Bethel Lutheran Church, 10181 Finch
Ave., Cupertino, CA." also dated 10/20/03 and labeled A-I.
Resolution No. 6226
Page 2
TR-2003-11
December 8, 2003
2. TREE REMOVAL & REPLACEMENT
Six red leaf plum trees of various trunk diameters along Sorenson and Finch
Avenues are approved for removal and shall be replaced by six 24" box Crape
Mrytles or Evergreen Pear trees.
3. 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) (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 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 8th day of December 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Miller, Vice-Chair Saadati, Wong and Chairperson
Chen
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
AYES:
ATTEST:
APPROVED:
/ sl Steve Piasecki
Steve Piasecki
Director of Community Development
Is / Angela Chen
Angela Chen, Chairperson
Cupertino Planning Commission
G:Planning/PdreportjRes(fR-2003-11 res.doc
DIR-2003-21
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6227
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A DIRECTOR'S MINOR MODIFICATION TO AN APPROVED USE
PERMIT TO RENOVATE AND RELANDSCAPE A PORTION OF AN EXISTING
CHURCH SITE AT 10181 FINCH AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit Modification, 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 the public
health, safety, general welfare, or convenience;
2) The proposed use 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, the application for Use Permit Modification 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
No. DIR-2003-21 as set forth in the Minutes of the Planning Commission Meeting of
December 8, 2003, and are incorporated by reference as though fully set forth herein.
Resolution No. 6227
Page 2
DIR-2003-21
December 8, 2003
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
DIR-2003-21
Karen Fox (Bethel Lutheran Church)
10181 Finch Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the Title Page and Site Plan titled: "
Bethel Lutheran Church, 10181 Finch Avenue, Cupertino, CA," dated 10/20/03 and
labeled T-1, and a landscape plan titled: "The Bethel Lutheran Church, 10181 Finch
Ave., Cupertino, CA." also dated 10/20/03 and labeled A-1.
2. NOTICE OF FEES, DEDICATIONSr 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 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 8th day of December 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following ron call vote:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Miller, Vice-Chair Saadati, Wong and Chairperson
Chen
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
AYES:
ATTEST:
APPROVED:
I s I Steve Piasecki
Steve Piasecki
Director of Community Development
G:P lmllling/PdreportjResjD IR -2003-21 res. doc
/ s / Angela Chen
Angela Chen, Chairperson
Cupertino Planning Commission