Reso 6175 TR-2003-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6175
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
THE REMOVAL OF 31 TREES AND REPLACEMENTS IN A PLANNED
RESIDENTIAL DEVELOPMENTT LOCATED AT THE COMMONS OF CUPERTINO
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 action, 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-2003-01 is hereby approved as revised and
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-2003-01, as set forth in the Minutes of the Planning Commission
Meeting of March 10, 2003 are incorporated by reference though fully set forth herein.
Resolution No. 6175 TR-2003-01 03/10/03
Page 2
SECTION II: PROTECT DESCRIPTION
i
Application No.: TR-2003-01
Applicant: Commons of Cupertino (Sharon Heyler)
Property Owner: Commons of Cupertino
Location: Property bounded by Alves Drive, Anton Way, Stelling Road and
the Cupertino Sports Center
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
, DEVELOPMENT DEPT.
1.) APPROVED EXHIBITS:
' The recommendation of approval is based on exhibits labeled Exhibit A: Commons
of Cupertino Tree Removal Information Matrix; Exhibit B: Tree Location Map;
Exhibit C: Arborist Report for Commons of Cupertino; Exhibit D: Removal and
Replacement Tree Plan, except as may be amended by the Conditions contained in
this Resolution.
2.) TREES APPROVED FOR REMOVAL
The following trees are approved for removal as depicted in Exhibit A:
Tree #123, 146, 188, 210, 212, 236, 253, 287, 295, 298, 310, 312,318, 319, 320, 342, 345,
348, 349, 352, 353, 369, 375, 378, 390, 392, 393, 396,400, 403,405.
3.) 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.
Resolution No. 6175 TR-2003-01 03/10/03
Page 3
PASSED AND ADOPTED this 10�' day of March 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Miller,Saadati,Wong and Chairperson Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Ste e Piasec ci Angela en, Chairperson
Director of Community Development Cupertino Planning Commission
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