Reso 6596 i
TR-2010-OS
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6596
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE
REMOVAL OF REMOVAL AND REPLACEMENT OF UP TO 124 TREES AT 20580,20620 AND
20680 HOMESTEAD ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2010-08
Applicant: Ken Rodrigues (PW Market)
Location: 20580, 20620 and 20680 Homestead Rd
SECTION II: FINDINGS
� WHEREAS, the Planning Commission of the City of Cupertino received an application to
approve the removal of 124 trees that are by an approved development plan considered
protected trees subject to Chapter 14.18, the Protected Tree Ordinance of the City of Cupertino;
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
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps,facts, exhibits, testimony and other evidence submitted
in this matter, the Planning Commission finds:
1. That the aforementioned trees are in conflict with the development proposal;
2. That the application for Tree Removal, file no. TR-2010-08,is hereby approved; and
3. That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning Application
TR-2010-08, as set forth in the Minutes of the Planning Coininission Meeting of Apri113,
2010 are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
' DEPT.
1. APPROVAL ACTION
The approval is based on the plan sets submitted by Kenneth Rodrigues and Partners Inc,
titled "Homestead Square, PW Market/Homestead Retail" consisting of 27 pages labeled
"Title, A1-A21, C1.0-C3.0, L1 and L2" as submitted by the applicant, except as may be
amended by the Conditions contained in this Resolution.
124 trees marked for removal in the Tree Inventory List provided by the applicant are
approved for removal. All trees are identified by metal tags with a number on them.
Resolution No. TR-2010-08 April 13, 2010
Page 2
2. TREE REMOVAL &REPLACEMENT
The removed trees are to be replaced with 134 24" box trees, species of which shall be
reviewed and approved, prior to final occupancy on the subject property by the Director of
Community Development.
3. 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 13th day of April 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy,Vice Chair Lee, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer, Kaneda
, ATTEST: APPROVED:
�
�
Aarti Shrivastava, Director Paul Brophy,Cha r
Community Development Department Planning Commis on
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