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Reso 4940 2-U-72(M) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4940 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A DIRECTOR'S REFERRAL OF A MINOR MODIFICATION TO REMOVE TWELVE PINE TREES IN AN EXISTING RESIDENTIAL DEVELOPMENT IN ACCORDANCE WITH CHAPTER 19.132 OF THE CUPERTINO MUNICIPAL CODE SECTION I: FIND�NGS WHEREAS, the Planning Commission of the City of Cupertino received a referral of a Director's Minor 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 requirements: 1) That the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the referral 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 2-U-72 (M) set forth in the Minutes of the Planning Commission Meeting of, July 13, 1998, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 2-U-72 (M) Applicant: Northpoint Property Owner: Northpoint Homeowners Association Location: 10880 Northpoint Way i Resolution No. 4940 2-U-72 (M) July 13, 1998 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled "Tree Removal Location Map, Square l, for the Northpoint Residential Development" and consisting of one sheet, and Table 1 of the Planning Commission staff report for file no. 2-U-72 (M) dated 7/13/98 showing the tree replacement plan, except as may be amended by the Conditions contained in this Resolution. PASSED AND ADOPTED this 13 day of July, 1998, 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, Harris, Mahoney, Stevens and Chairwoman Austin NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: . � Robert S. Cowan, Director onna Austin, airwoman Director of Community Development Cupertino Planning Commission g/planning/pdreport/res/r2u72m