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Reso 4437 15-TM-89 (Amended) CITY OF CUPERTINO 10300 Tone Avenue C�pertinq California 95014 RESOLUTION No. 4437 OF TI� PLANNING CONIIvIISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP EXTENSION FOR ONE YEAR AND RECONIlVIENDING APPROVAL TO AMEND A CONDITION REGARDING TREE PRESERVATTON SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit as described on Page 1 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) Based upon the arborist report from Abel Tree Surgeon, and subsequent conversadons with said arborist, that all three trees should be removed if one or more aze diseased, and because one tree is wholly brown and leafless and one tree is partially brown and leafless, that said trees are dead. NOW, TI-iEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 1 thereof, 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 15-TM-89 (Amended) as set forth in the Minutes of Planning Commission Meeting of January 11, 1993, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 15-TM-89 (Amended) Applicant: Kier & Wright Properiy Owner: Harry Gheno Location: East side of Blaney Avenue between Rodriguez Avenue and Hall Court SECTION III: CONDITIONS ADMINISTERED BY TT� COMMLJNITY DEVELOPMENT DEPARTMENT 1. Tentative Map 15-TM-89 is hereby extended for one (1) year, and shall expire on December 4, 1993. 2. Condition No. 14 (Tree Retention) of City Council Action Letter dated December 3, 1991, is hereby amended to remove Lot No. 8, Tree No. 9(A,B,C) from protection. Resolution No. (15-TM-89 (Amended) January 11, 1993 Page -2- PASSED AND ADOPTED this l lth day of January, 1993, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: CONIlVIISSIONERS: Fazekas, Mann, Mackenzie, Austin, Mahoney NOES: CO1vIlvIISSIONERS: ABSTAIN: COMNIISSIONERS: ABSENT: COMNIISSIONERS: ATTEST: APPROVED: G � Robert S. Cowan Daryl Fazekas, Director of Community Development Cupertino Planning Commission g:�tnm�peresos\1 Stm89a