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TR-2012-19b City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3308 C U P E RT I N O FAX (408) 777-3333 Communih�Develop»ient Department June 13, 2012 Holiday Drive, LLC Attn: Barre Barnes 2175 De La Cruz Blvd #C Santa Clara,Ca. 95050 SUBJECT: PLANNING COMMISSION ACTION LETTER- EXC-2011-11,V-2011-03,TR-2012-19 This letter confirms the decision of the Planning Coirunission, given at the meeting of June 12, 2012, approving a Hillside Exception to allow the construction of a new 4,478 square foot single family residence with an approximately 840 square foot basement on slopes greater than 30% on a vacant lot; a Tree Removal Permit to allow the removal and replacement of two protected Coast Live Oak hees (a 20" diameter, two-trunked tree and a 28" diameter, three-trunked tree) in conjunction with the development of the single family, hillside, residence; and the denial of a Variance to allow an attached first-story deck more than 18 inches above grade to be setback 0 feet from the side property line where 10 feet is required, located at 21740 Rainbow Drive, according to Planning Coirunission Resolution No.(s) 6704, 6705 and 6706. Please be aware that if this Permit is not used within a two-year period, it shall expire on June 12, 2014. Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing of the notice of the decision. If this happens, you will be notified of a puUlic hearing, which will be scheduled before the City Council. Sincerely, C.o'"`., Colin jung Senior Planner Plannulg Department Enclosures: Resolution 6704, 6705 and 6706 g:/planning/post)�earing/actionletferexc201111,a201103,fr201219 TR-2012-19 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO. 6706 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL AND REPLACEMENT OF TWO PROTECTED TREES: A 20"DIAMETER,TWO- TRUNKED AND A 28" DIAMETER,THREE-TRUNKED COAST LIVE OAKS IN CONJUNCTION WITH THE DEVELOPMENT OF A SINGLE FAMILY HILLSIDE RESIDENCE AT 21740 RAINBOW DRIVE (APN: 366-03-063) SECTION I: PROTECT DESCRIPTION Application No.: TR-2012-19 Applicant: Barre Barnes Property Owner: Holiday Drive,LLC Location: 21740 Rainbow Drive(APN:366-03-063) SECTION II: FINDINGS FOR TREE REMOVAL WHEREAS, the Planning Commission of the City of Cupertino received an application far tree removal, as described in Section I 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 at least one public hearing on this matter;and WHEREAS, the Planning Commission finds the following with regard to this application: 1. That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). NOW,THEREFORE,BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter, suUject to the conditions which are enumerated in this Resolution beginning on page 2 thereof,: The application for a Tree Removal Permit, Application No. TR-2012-19, is hereUy approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are Uased and contained in the Public Hearing record concerning Application no. TR-2012-19 as set forth in the Minutes of Planning Commission Meeting of June 12,2012,and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the arUorist report titled: "Evaluation of the Existing Trees at 21740 Rainbow Drive, Cupertino, California" dated November 17, 2011, consisting of 6 pages, prepared by Michael L. Bench, Consulting Arborist,except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. EXC-2011-11 and V-2011-03 shall be applicable to this approval. 3. APPROVED TREE REMOVALS/REQUIRED TREE REPLACEMENTS The applicant has approval to remove tree #7 and #8 identified in the Michael L. Bench arborist report descriUed in Condition #1 and further identified as a 28" diameter three-trunked and a 20" diameter two- trunked Coast Live Oaks. Applicant shall be required to plant Coast Live Oak replacements in and around the Resolution No.6706 TR-2012-19 June 12,2012 property in accordance with the City's Protected Trees Ordinance. The required replacement trees shall Ue planted prior to final occupancy of the project associated with file no. EXC-2011-11 and V-2011-03. 4. TREE PROTECTION Prior to building permit issuance, the tree protection measures contained in the Michael L. Bench Arborist Report described in Condition#1,shall be implemented as deemed appropriate by the Director of Community Development for the trees to be retained. The tree protection measures shall be placed in the construction plan set. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 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. 6. DISPOSAL OF REMOVED TREES Oaks approved for removal shall only be removed during the dry season and disposed of in a Santa Clara County-based landfill. Removal activities shall comply with protocol recommended by the California Oak Mortality Task Force. Prior to building permit issuance, applicant shall submit a tree removal plan that will be reviewed and approved by the City Arbarist. 7. PERMIT EXPIRATION The subject tree removal permit approval shall expire two (2)years from the date of approval if not used. PASSED AND ADOPTED this 12th day of June 2012,at a Regular Meeting of the Planning Commission of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS:Chair Miller,Vice Chair Sun,Lee,Brownley NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS: Brophy ATTEST: APPROVED: /s/Gary Chao /s/Marty Miller Gary Chao,City Planner Marty Miller,Chair Community Development Planning Commission G:�Plnruii�rg�PDREPORT�RES�2012�TR-2012-19 res.doc