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CITY OF
CUPEJUINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (40S) 777-3333
Communitrj Development Department
May 14, 2002
Mr. Michael Ducote
350 Bridge Parkway
Redwood City, CA 94065
SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2002-02
This letter confirms the decision of the Planning Commission, given at the
meeting of May 13, 2002, approving a request to remove 14 trees and replace
with 22 trees at an existing apartment complex located at 10159 South Blaney
Avenue, according to Planning Commission Resolution No. 6133.
Also, 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 which will be
scheduled before the City Council.
Sincerely,
~JAO JLJL
Vera Gil
Senior Planner
Cc : Lake Biltmore Apartments, 10159 S. Blaney Avenue, Cupertino, CA 95014
g:/ planning/ post hearing/ actionletterTR-Z002-02
Printe,] on Rocycleel Paper
TR-2002-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6133
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE 14 TREES AND REPLACE WITH 22 TREES AT AN EXISTING
AP ARTMENT COMPLEX LOCATED AT 10159 SOUTH BLANEY A VENUE.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for tree removal, 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 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, application TR-2002-02 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-2002-02, as set forth in the Minutes of the Planning Commission
Meeting of May 13, 2002 are incorporated by reference though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
TR-2002-02
The Biltmore Apartments
Lake Biltmore Apartments, a California limited partnership
10159 South Blaney
Model No. 6133
Page 2
TR-2002-02
05/13/02
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1.) APPROVED EXHIBITS:
The recommendation of approval is based on exhibits labeled Sheet L-1 and L-2
and dated Apri115, 2002, revised on April 29, 2002, except as may be amended by
the Conditions contained in this Resolution.
2.) REPLACEMENT TREES:
Three (3) 4S-inch box Chanticleer Pear (Pyrus calleryana "Chanticleer") trees shall
replace the three Mulberry (Morus alba) trees that were damaged during
construction. The trees will be planted in the vicinity of the damages trees as
indicated in the approved landscape plan dated April 15, 2002 and revised on
April 29, 2002. The damaged trees shall be removed and replacement trees shall be
phinted within thirty (30) days of the approval of application TR-2002-02.
3.) TREE MAINTENANCE
Maintenance of trees on the site shall be completed under the supervision of an
TSA certified arborist.
4.) FUTURE TREE DAMAGE CAUSED BY CONSTRUCTION
Any future trees damaged by on-going construction at the site, as determined by
city staff in consultation with the project arborist, shall be replaced at a 1:1
(replacement tree to damaged tree) ratio. These trees shall be a minimum of 12"
diameter trees. The species shall be determined in consultation with city staff.
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) (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 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.
G: \ Planning\ PDREPORT\ RES\ restr- 2002-02. doc