TR-2012-32b City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
(408) 777-3308
C U P E RT 1 N O FAX (408) 777-3333
Community Development Department
November 16, 2012
Craig Steely Architects
Atin: Craig Steely
8 Beaver Street
San Francisco, Ca. 94114
SUBJECT: PLANNING COMMISSION ACTION LETTER—EXC-2012-01, TR-2012-32
This letter confirms the decision of the Planning Commission, given at the meeting of November 13,
2012, approving a Hillside Exception to allow the construction of a new 3,104 square foot single family
residence on slopes greater than 30% and to allow a reduced second story front building setback of 22
feet where 25 feet is required on a vacant lot; and a Tree Removal Permit allowing the removal of six (6)
protected trees: a 29", 18", 26"and 24" 17", 28" and a 16" diameter Coast Live Oak trees in conjunction
with the development of a single family hillside residence, located at Lot 306, San jacinto Road,
according to Planning Commission Resolution No.(s) 6711 and 6712.
Please be aware that if this Permit is not used within a two-year period, it shall expire on November 13,
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 public hearing, which will be
scheduled before the City Council.
Sincerely,
4
Colin Jung, AICP
Senior Planner
City of Cupertino
Enclosures: Resolution 6711 and 6712
CC:Pam and Paul Costa, 1413 S.Wolfe Rd,Sunnyvale CA 95087
g:/planning/post hearing/actionletterEXC-2012-01,TR-2012-32
TR-2012-32
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6712
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING THE REMOVAL OF SIX PROTECTED TREES: A 29", 18", 26", 24", 17", 28" AND
16"DIAMETER COAST LIVE OAKS IN CONJUNCTION WITH THE DEVELOPMENT OF A SINGLE
FAMILY HILLSIDE RESIDENCE AT LOT 306 SAN JACINTO ROAD (APN: 342-21-028)
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2012-32
Applicant: Craig Steely
Property Owner: Pam&Paul Costa
Location: Lot 306, San Jacinto Road (APN: 342-21-028)
SECTION II: FINDINGS FOR TREE REMOVAL
WHEREAS, the Planning Commission of the City of Cupertino received an application for 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, subject to the conditions which are enumerated in this Resolution beginning on page 2
thereof,:
The application for a Tree Removal Permit, Application No. TR-2012-32, 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. TR-2012-32 as set forth in the Minutes
of Planning Commission Meeting of November 13, 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 arborist report titled: "A Evaluation of the Existing Trees/San Jacinto Road,
Lot 306/APN 028/Cupertino, California" dated March 29, 2012, consisting of 12 pages, prepared by
Michael L. Bench, Consulting Arborist, except as may be amended by conditions in this resolution.
Resolution No. 6712 TR-2012-32 November 13,2012
Trees approved for removal are depicted on the Tree Map Site Plan prepared by Michael L. Bench
and numbered on the map: 2, 4, 8, 11, 18 & 19. Removed trees are also depicted on the approved site
plan sheet a0 referenced in the approved hillside exception application file no. EXG2012-01.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. EXC-2012-01 shall be applicable to this approval.
3. APPROVED TREE REMOVALS/PAYMENT OF IN-LIEU TREE REPLACEMENT FEE
The applicant has approval to remove tree #2, 4, 8, 11, 18 and 19 identified in the Michael L. Bench
arborist report described in Condition #1. Applicant shall be required to pay an in-lieu tree
replacement fee equivalent to the cost of purchasing and planting ten (10) 24" box Coast Live Oaks.
Staff estimates the fee to be$6,250.00 payable prior to the issuance of the building permit.
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. 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 1 3th day of November 2 012, 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, Brophy, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
/s/Gary Chao /s/Marty Miller
Gary Chao, City Planner Marty Miller, Chair
Community Development Planning Commission