Reso 4863 25-U-83 (Mod.)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4863
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO REMOVE 3 OLIVE TREES AT AN
EXISTING CHURCH PROPERTY AND REPLACE WITH NEW TREES. DIRECTOR'S
REFERRAL OF MINOR MODIFICATION IN ACCORDANCE WITH
CHAPTER 19.132 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit Modification, as described in Section II. of this Resolution; and
WHEREAS, the necessary public 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 said application; and has
satisfied the following requirement:
1) That the location of the 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, the application for Use Permit Modification is hereby recommended for approval, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 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 No. 25-U-83 (Mod.) as set forth in
the Minutes of the Planning Commission Meeting of September 8, 1997, and are incorporated by
reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTI
Application No.: 25-U-83 (Mod.)
Applicant: West Valley Presbyterian Church
Location: 6191 Bollinger Road
Resolution No. 4863 25-U-83 (Mod.) September 8, 1997
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
The approval is based on Exhibits A- Planting Site Plan and B- Proposed landscape changes,
except that the 5 gallon Flaxleaf Paperbark shall be 15 gallon.
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 8th day of September, 1997, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Mahoney and Vice-chairperson Austin
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Roberts and Chairperson Harris
ATTEST: APPROVED:
1M. ,l / ��..�h'i- 2 --: �
Robert S. Cowan Andrea B. Harris, Chairperson
Director of Community Development Cupertino Planning Commission
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