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Reso 6277 TR-2004-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6277 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REQUEST TO REMOVE THREE PROTECTED SPECIMEN SIZE COAST LIVE OAK TREES AND PLANT REPLACEMENT TREES AT 21275 STEVENS CREEK BLVD. SECTION I: PROTECT DESCRIPTION Application No.: TR-2004-08 Applicant: James Welsh (Commercial Tree Care) Owner: The Stoneson Development Corp. Location/ APN: 21275 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove and replace five protected trees, as described in this Resolution; and WHEREAS, the applicant has met the burden of proof required to support removal of three of the trees, that is: 1) The three protected trees are dead or a hazard to property and public safety; and 2) Adequate size trees will be planted to replace them. 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 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-2004-08, as set forth in the Minutes of the Planning Commission Meeting of October 26, 2004 are incorporated by reference herein. Resolution No. 6277 TR-2004-08 10/ 26/ 04 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. TREE REMOVAL Approved is granted to remove the following specimen size oaks, tree nos. 5,16, and 26 as depicted on Exhibit A: Oaks Shopping Center Tree Location Map. 2. REPLACEMENT OF TREES The three removed oaks shall be replaced with three large boxed Coast Live Oaks planted near the Stevens Creek Boulevard frontage as followed: • A 48" box coast live oak shall be planted about 30 feet east of tree #1, beneath the canopy of tree #1, and • A 36" box coast live oak shall be planted in the parking lot landscape island just north of tree #16, and • A 48" box coast live oak shall be planted in the lawn area adjacent to tree #86. 3. IRRIGATION FOR PLANTED REPLACEMENT TREES The applicant shall provide irrigation for the newly planted oaks by applying water directly on top of the rootball. Frequency of irrigation shall be 10 gallons of water per one (1) inch of trunk diameter (40 gallons for a 48 inch box oak), once every two weeks or as needed as indicated by soil samples. 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. 5. PRUNING OF TREES NO. 1& 86 Trees no.1 & 86 may be pruned to reduce branch end weight. Pruning shall be done under the supervision of an internationally certified arborist. � Resolution No. 6277 TR-2004-08 10/26/04 Page 3 I � PASSED AND ADOPTED this 26th day of October 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: i AYES: COMMISSIONERS: Chen, Giefer, Miller, Wong & Chair Saadati NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: E ATTE : APPRO ED: �' i l � % � ,.-; � -' . >,,'''' Steve Piase ki T�' aadati, Chairperson Director of Community Development Cupertino Planning Commission I G: � Planning � PDREPORT � RES � TR-2004-OS res.doc I � ` � I � I `