Reso 6248 ' TR-2004-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6248
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE A REDWOOD TREE AND REPLACE IT WITH A 36" BOX
BRADFORD PEAR
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2004-02
Applicant: Mansur Gill
Location: 10131 Linda Ann Place
( SECTION II: FINDINGS
i
WHEREAS, the Planning Commission of the City of Cupertino received an application
i to remove a redwood tree and replace it with another tree, as described in this
Resolution; and
WHEREAS, the applicant has met the burden of proof required to support removal of
the tree and has satisfied the following requirement:
�
1. The redwood tree was removed without a permit and the applicant is required to
I replace it with a 36" box Bradford Pear
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 modified,
and;
�
i 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-2004-02, as set forth in the Minutes of the Planning Commission
Meeting of May 24, 2004 are incorporated by reference herein.
Resolution No. 6248 TR-2004-02 5/ 24/ 04
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
Removal of the redwood tree is approved retroactively, and shall be replaced with a
36" Bradford Pear within 30 days of approval.
2. TREE RECORDATION
The applicant shall record a covenant on the property identifying the Bradford Pear
and existing redwood trees as protected trees within 30 days of approval.
3. FENCE COLOR
The perimeter fence on the property shall be painted white to match the fence on the
north side of Linda Ann Place within 30 days of approval.
4. 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 24� day of May 2004, at a Regular Meeting of the
` Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and
� Chairperson Saadati
� NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
1 ABSENT: COMMISSIONERS:
I ATTES . APPROV D:
�
Ste e Piasecki T ' aadati, Chairperson
Director of Community Development Cupertino Planning Commission
G: � Planning � PDREPORT � RES � TR-2004-02 res.doc