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Reso 6226 TR-2003-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6226 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REQUEST TO REMOVE SIX TREES (RED LEAF PLUMS) AS PART OF AN APPROVED LANDSCAPING PLAN AND PLANTING OF 24" BOX REPLACEMENT TREES, LOCATED AT 10181 FINCH AVENUE SECTION I: PROTECT DESCRIPTION Application No.: TR-2003-11 Applicant: Karen Fox (Bethel Lutheran Church) Location: 10181 Finch Avenue SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove and replace six red leaf plum trees, as described in this Resolution; and WHEREAS, the tree removal and subsequent tree replacement is part of an overall landscape improvement plan for the church. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application for Tree Removal is hereby approved as proposed; and That the subconclusions upon which the finds and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application No. TR-2003-11, as set forth in the Minutes of the Planning Commission Meeting of December 8, 2003 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the Title Page and Site Plan titled: " Bethel Lutheran Church, 10181 Finch Avenue, Cupertino, CA," dated 10/20/03 and labeled T-1, and a landscape plan titled: "The Bethel Lutheran Church, 10181 Finch Ave., Cupertino, CA." also dated 10/20/03 and labeled A-1. Resolution No. 6226 TR-2003-11 December 8, 2003 Page 2 2. TREE REMOVAL &REPLACEMENT Six red leaf plum trees of various trunk diameters along Sorenson and Finch Avenues are approved for removal and shall be replaced by six 24" box Crape Mrytles or Evergreen Pear trees. 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 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 8th day of December 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Miller, Vice-Chair Saadati, Wong and Chairperson Chen NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: l � - -�...� Steve Piasecki Angela n, Chairperson Director of Community Development Cupertino Planning Commission G:Planning/Pdreport/Res%1'R-2003-11 res.doc