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Reso 6606 TR-2010-31 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6606 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL AND REPLACEMENT OF UP TO FOUR COASTAL REDWOODS ASSOCIATED WITH THE INSTALLATION OF A PROPOSED PERSONAL WIRELESS SERVICE FACILITY AT THE RESULTS WAY OFFICE COMPLEX SECTION I: PROTECT DESCRIPTION Application No.: TR-2010-31 Applicant: Dave Yocke (AT&T Mobility) Location: Results Way SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to approve the removal of four Coastal Redwoods 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-2010-31, 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, as set forth in the Minutes of the Planning Commission Meeting of September 14, 2010 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Resolution No. 6606 TR-2010-08 April 13,2010 Page 2 1. APPROVAL ACTION Approval is based on Exhibits titled: "at&t/CN3242-A/November Drive/Results Way/Cupertino, California 95014" prepared by Jeffrey Rome & Associates, Inc. dated 08/31/10 and consisting of seven sheets labeled T-1, A-0 through A-3, A-1.1 and C-1, except as may be amended by the conditions contained in this resolution. 2. TREE REMOVAL&REPLACEMENT The removed trees are to be replaced with three 24" box Coastal Redwoods in the northwest corner of the property. Final locations shall be reviewed and approved by the Director of Community Development. Applicant shall provide a letter from a landscape architect, certifying that the newly planted trees are in good health and the irrigation system is operating properly to maintain the trees. 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 14� day of September 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, Giefer, Kaneda NOES: COMMISSIONERS: Miller ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: � , 1 r � , Aarti Shrivastava, Director Paul Brophy,C a Community Development Department Planning Co iss G:�Planning�PDREPORT�RES�2010�TR-2010-31 res.doc