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Reso 6121 26-DIR-01 CITY OF CUPERTINO 10300 Torre Avenue � Cupertino, California 95014 RESOLUTION NO. 6121 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A DIRECTOR'S REFERRAL OF A MINOR MODIFICATION OF A USE PERMIT TO REMOVE AND REPLACE TWENTY-NINE (29) TREES IN AN EXISTING RESIDENTIAL DEVELOPMENT IN ACCORDANCE WITH CHAPTER 19.132 OF THE CUPERTINO MUNICIPAL CODE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received a referral of a Director's Minor 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 requirement: 1) That the tree or trees are dead, in poor health, diseased, have major wounds, damage or poor structures that are likely to lead to falling and potential damage to existing or proposed essential structures. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the referral is hereby recommended for approval, 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 reeord concerning Application 26-DIR-01 set forth in the Minutes of the Planning Commission Meeting of, January 14, 2002, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: 26-DIR-01 Applicant: Roger Wert/ Northpoint Property Owner: Northpoint Homeowners Association Location: 10880 Northpoint Way Resolution No. 61.21 26-DIR-01 January 14, 2002 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A& B titled "Northpoint Tree Removal & Replacement, 2001." 2. TREE SIZE REPLACEMENTS All specimen sized Monterey Pines and Canary Island Pines approved for removal shall be replaced one for one with a 24-inch box size replacement tree or shrub as specified in Exhibit B above. All other non-specimen size trees shall be replaced one for one with a 15-gallon tree or other recommended replacement specified in Exhibit B above. PASSED AND ADOPTED this 14th day of January 2002, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Patnoe, Chen, Auerbach and Chairperson Corr NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: ` . ��v Steve Piasecki, Director Charles Corr, Chair Director of Community Development Cupertino Planning Commission g/ planning/ pdreport/ res/ 26-DIR-01