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Reso 6264 TR-2004-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6264 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TREE REMOVAL TO REMOVE A SPECIMEN OAK TREE. SECTION I: PROTECT DESCRIPTION Application No.: TR-2004-03 Applicant: John Ghashghai/Kelly Walsh Location: 10230 Scenic Boulevard SECTION II: FINDINGS FOR EXCEPTION WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree Removal Permit, as described on Section I of this Resolution; and WHEREAS, the necessary 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 this application, and has satisfied the following requirements: 1. That the location of the tree or trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property.. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. TR-2004-03 is hereby approved; 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-2004-03, as set forth in the Minutes of the Planning Commission Meeting of August 9, 2004, and are incorporated by reference herein. Resolution No. 6264 TR-2004-03 August 9, 2004 Page 2 . SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the Plan Set entitled: "Ghashghai Residence," consisting of 3 sheets labeled: A1, A2 and A3, except as may be amended by conditions contained in this resolution. 2. 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 9th day of August 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: ABSENT: COMMISSIONERS: ATTE • APPRO . ' , � /: Ste Piasecki Ta,: ` aadati, Chairperson Director of Community Development Cupertino Planning Commission G: \ Planning � PDREPORT � RES � TR-2004-03 res.doc