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Reso 6063 OS-DIR-00 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION 6063 DENIAL OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A REQUEST TO REMOVE THREE ASH TREES AND FNE MONTEREY PiNES AT A SINGLE FAMILY CLUSTER DEVELOPMENT LOCATED AT REINELL PLACE&CARTWRIGHT WAY SECTION I: PROJECT DESCRIPTION Application No.: OS-DIR-00 Applicant: Vista Gardens Homeowners Association Location: Reinell Place&Cartwright Way SECTION IL• FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to removal eight specimen size trees and replace them with other trees,as described in this Resolution; and WHEREAS,the applicant has not met the burden of proof required to support said application;and has not satistied the following requirements: 1) Justified the removal of the ash trees when there is a viable alternative that will preserve the ash trees and prohibit the encroachment of tree roots into the residential improvements. 2) Justified the removal of the Monterey Pines by demonstrating they are diseased or damaged, and are untreatable. NOW,THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Director's referral of a Minor Modification is hereby denied;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 OS-D(R-00, as set forth in the Minutes of the Planning Commission Meeting of November 27,2000, are incorporated by reference herein. PASSED AND ADOPTED this 27`h day of November 2000, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Corr, Kwok and Stevens NOES: COMMISSIONERS: Chairperson Harris ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Doyle ATTEST: APPROV ED: � � _ Steve Piasecki Andrea Harris, C air Director of Community Development Cupertino Planning Commission g:/plann ing/pdreport/res/OS dir00