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Reso 6283 TR-2004-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6283 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYINGA REQUEST TO REMOVE FIVE SPECIMEN SIZE TREES: ONE COAST LIVE OAK, THREE BLUE ATLAS CEDARS AND ONE DEODAR CEDAR SECTION I: PROTECT DESCRIPTION Application No.: TR-2004-09 Applicant: Cupertino Estates, LLC Location: 22291 Cupertino Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to removal five specimen size trees, as described in this Resolution; and WHEREAS, the Planning Commission finds: A. That the tree is not irreversibly diseased, is not in danger of falling, does not cause potential damage to existing or proposed essential structures, or does not interferes with private on-site utility services; B. That there are alternative site development plans that can avoid the cedar trees and retain them on the property. C. That the Coast Live Oak is young enough to be transplanted elsewhere on the property. 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 not 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 Resolution No. 6283 TR-2004-09 11 / 09/ 04 Page 2 Application TR-2004-09, as set forth in the Minutes of the Planning Commission Meeting of November 9, 2004 are incorporated by reference herein. PASSED AND ADOPTED this 9� day of November 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: ATTEST APPRO ED.' .; Stev iasecki T`� Saa ati, Chairperson Director of Community Development Cupertino Planning Commission G:\Planning\PDREPORT\RES\TR-2004-09 res.doc