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Reso 6258 TR-2004-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6258 � OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REQUEST TO REMOVE FOUR PROTECTED TREES AND REPLACEMENTS TO ACCOMMODATE AN APPROVED HEALTH CARE FACILITY EXPANSION (U-2003- 01) AT 23500 CRISTO REY DRIVE. SECTION I: PROTECT DESCRIPTION Application No.: TR-2004-06 � Applicant: Thomas Brutting � Owner: The Forum at the Rancho San Antonio Location/ APN: 23500 Cristo Rey Drive SECTION II: FINDINGS ' WHEREAS, the Planning Commission of the City of Cupertino received an application to remove and replace four protected trees, as described in this Resolution; and WHEREAS, the applicant has met the burden of proof required to support removal of this tree and has satisfied the following requirements: I 1) The four protected trees will be replaced with four additional trees i NOW, THEREFORE, BE IT RESOLVED: i That after careful consideration of maps, facts, exhibits, testimony and other evidence i submitted in this matter, application for Tree Removal is hereby approved as modified; 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-2004-06, as set forth in the Minutes of the Planning Commission Meeting of July 26, 2004 are incorporated by reference herein. � Resolution No. 6258 TR-2004-06 07/ 26/ 04 Page 2 i SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. . 1. APPROVAL ACTION Approved is based on approved site and landscaping plan. 2. REPLACEMENT OF TREES The four protected trees will be replaced as shown on the approved landscaping plan. 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. PASSED AND ADOI'TED this 26� day of July 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chen ATTES : APPROVED• ; i Steve Piasecki Tag adati, Chairperson Director of Community Development Cu rtino Planning Commission G: � Planning � PDREPORT � RES � TR-2004-06 res.doc