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TR-2014-09b City of Cupertino . 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3308 C U P E RT 1 N 0► FAX (408) 777-3333 Community Development Department June 10, 2014 Terry Brown 10491 Scenic Blvd. Cupertino, Ca. 95014 SUBJECT: PLANNING COMMISSION ACTION LETTER—EXC-2014-02,TR-2014-09, EXC-2014-03, TR- 2014-10, EXC-2014-04 This letter confirms the decision of the Planning Commission, given at the meeting of June 9, 2014, approving a Hillside Exception to allow the construction of a new 2,986 square foot single family residence on slopes greater than 30% on a vacant lot (Lot A) and a Tree Removal Permit to allow the removal and replacement of five (5) Coast Live Oak trees to facilitate the construction of the new residence; Hillside Exception to allow the construction of a new 3,185 square foot single family residence on slopes greater than 30% on a vacant lot (Lot B) and a Tree Removal Permit to allow the removal and replacement of five (5) Coast Live Oak trees to facilitate the construction of the new residence; Hillside Exception to allow the construction of a new 3,186 square foot single family residence on slopes greater than 30% on a vacant lot (Lot C), located at 10645 Cordova Road, Lots A, B and C, according to Planning Commission Resolution No.(s) 6744, 6745, 6746, 6747 and 6748. Please be aware that if this Permit is not used within a two-year period, it shall expire on June 9, 2016. 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, � GvL�1�'� c---�-' C/l.� �, K iti Groeneweg Assistant Planner Planning Department Enclosures: Resolution 6744, 6745, 6746, 6747 and 6748 CC:Kathryn Osann, 62 Emerald,Irvine Ca 92614 Kevin O'Grady,31 Ocean Heights Dr, Newport Beach Ca 92657 Brian O'Grady, 1134 W El Camino Real,Mountain View Ca 94040 TR-2014-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6747 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF FIVE COAST LIVE OAK TREES LOCATED AT 10645 CORDOVA RD (LOT A) SECTION I: PROLECT DESCRIPTION Application No.: TR-2014-09 Applicant: Terry Brown(Osann, K. O'Grady and B. O'Grady lots) Location: Lot A, 10645 Cordova Road APN# 342-22-101 SECT'ION II: FINDINGS FOR TREE REMOVAL PERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree Removal Permit as described in Section I. of this Resolution; and WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: a) That the trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the proposed new buildings and site improvements, and are not suitable for preservation or relocation. b) 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). The City's consulting arborist has determined that the trees proposed for removal are all in conflict with the proposed new buildings and site improvements, and are not suitable for preservation or relocation. Resolution No.6747 TR-2014-09 june 9,2014 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, 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,: A Mitigated Negative Declaration (Application no. EA-2014-02) is hereby recommended for adoption; and the application for a Tree Removal Permit, Application no. T'R-2014-09 is hereby recommended for approval 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-2014-09 as set forth in the Minutes of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval recommendation is based on the plan set received January 29, 2014 consisting of 7 sheets, labled 1, L1.0, L2.0, L2.1, L3.0, L3.1 and L4.0 entitled, "3 Custom Residences, 10645 Cordova Rd., Cupertino, CA 95014," drawn by SSS Designs LLC; except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. EXC-2014-02 shall be applicable to this approval. 3. FINAL PLANTING PLAN The applicant shall plant replacement trees in accordance with the replacement requirements of the Protected Tree Ordinance. The trees shall be planted prior to final occupancy of site permits. The final planting plan shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. An ISA Certified Arborist shall confirm that the replacement trees were planted properly and according to plan prior to final occupancy. 4. TREE REPLACEMNETS The applicant is required to plant three (3) 24" box replacement tree in accordance with the Protected Tree Ordinance. All replacement trees shall be native species. 3. TREE PROTECTION The existing trees to remain shall be protected during construction per the City's Protected Tree Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall be listed on the plans, and protective fencing shall be installed around the trees to remain prior to issuance of building permits. A report ascertaining the good health of these trees shall be provided prior to issuance of final occupancy. 5. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any Resolution No.6747 TR-2014-09 June 9,2014 submitted data may invalidate an approval by the Community Development Department. 6. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 7. 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. PASSED AND ADOPTED this 9th day of June, 2014, Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Brophy,Vice Chair Lee, Sun, Gong, Takahashi NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Gary Chao /s/Paul Bro�h� Gary Chao Paul Brophy, Chair Assist. Director of Community Development Planning Commission G:\Planning\PDREPORT\RES\2014\TR-2014-09 res.doc ee a so . � es : _ _ _ _ _ _ _ _ _ _