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Reso 4941 S-TM-96 (M) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4941 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A DIRECTOR'S REFERRAL OF A MINOR MODIFICATION TO AN APPROVED PLAN FOR TREE REMOVAL 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 Tentative Subdivision Map as described on Page 1 of this Resolution; and WHEREAS, the necessary public notices have been given as required by the subdivision and procedural ordinances of the City of Cupertino, and the Planning Commission has held at least one Public Hearing in regard to the application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the proposed tree removal is consistent with the intent of the cities tree protection ordinance. b) That the Planning Commission and staff had no intention of retaining these trees as evidenced by the lack of conditions protecting trees. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�ibits, testimony and other evidence submitted in this matter, the application for a modification to an approved plan for tree removal is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof, and That the sub-conclusions upon which the findings and conditions specified in this Resolution are based ► and contained in the Public Hearing record concerning Application S-TM-96(M) as set forth in the Minutes of Planning Commission Meetings of July 13, 1998, and are incorporated by reference as though fully set forth herein. I I Resolution No. 4941 S-TM-96(M) July 13, 1998 Page -2- SECTION II: PROJECT DESCRIPTION Application No.: S-TM-96 (M) Applicant: Aster 2 Location: 1361 & 1371 Aster Lane SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED Removal of one 24" Eucalyptus tree (lot 1) and one 24" Pepper tree (lot 2) adj acent to Aster Lane. 2. TREE PROTECTION This condition acknowledges that all trees shown on the approved tentative map as being retained may be removed in the future without a permit. 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: C �rn�a� Robert S. Cowan Donna Austin, Chairwoman � Director of Community Development Cupertino Planning Commission g:/pdreport/res5tm96m �