Reso 5094 13-U-97(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5094
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A DIRECTOR'S REFERRAL OF A MINOR MODIFICATION TO REMOVE
� TEN TREES AT 22445 CUPERTINO ROAD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, 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 trees have been irreversibly damaged or diseased, which can cause potential damage
to adjacent structures and other trees through the spread of disease.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of facts, exhibits, testimony and other evidence submitted in this
matter, the application for Minor Modification is hereby approved, 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. 13-U-97 (M) as set
forth in the Minutes of the Planning Commission Meeting of January 10, 2000, and are
incorporated by reference though fully set forth herein.
Resolution No. 5094 13-U-97 (M) January 10, 2000
Page -2-
� SECTION II: PROJECT DESCRIPTION
Application No.: 13-U-97 (M)
Applicant: Sunny View Lutheran Home
Location: 22445 Cupertino Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
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1. APPROVED EXHIBITS
The recommendation of approval is based on exhibit A titled Tree Removal Plan Excerpts" and
Exhibit B "Tree Removal and Replacement Plan" prepared for Sunny View Lutheran Home
prepared in November of 1999, except as may be modified by the conditions contained in this
resolution.
2. TREE REMOVAL AND TREE REPLACEMENT
Applicant shall remove ten(10) trees as specified in the approved exhibits and replace them
with 49 other trees also called out in the approved exhibits.
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PASSED AND ADOPTED this l Oth day of January 10, 2000 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Corr, Harris, Kwok, Stevens
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Chairman Doyle
ABSENT: COMMISSIONERS:
ATTE : APP OV
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, L
Ste Piasecki David Doyle, C irman
Director of Community Development Cupertino Planning Commission
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