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Reso 6354 TR-2005-08 � CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6354 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A REQUEST TO REMOVE AND REPLACE TREES TO CONSTRUCT A PORTION OF A PROPOSED THREE-STORY, FOUR LEVEL PARKING GARAGE THAT EXCEEDS THE 32 FOOT HEIGHT LIMIT SECTION I: PROTECT DESCRIPTION Application No.: TR-2005-08 (EA-2005-15) Applicant: Mike Rohde (Vallco Parking Garage) Location: 10123 N Wolfe Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove and replace trees as part of the construction of a four story, five level parking garage, as described in 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, there are existing and proposed trees to mitigate the visual and privacy impacts of the proposed garage. NOW,THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application for Tree Removal is hereby recommended for approval; 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 TR-2005-08, as set forth in the Minutes of the Planning Commission Meeting of January 10, 2006 are incorporated by reference herein. Resolution No. 6354 TR-2005-08 January 10, 2006 Page 3 5. 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 10th day of January 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Wong, Vice-Chair Miller, Saadati, Giefer NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: _ �- ,� / , �, � � Steve Piasecki Gilbert Wong, Chairpers Director of Community Development Cupertino Planning Co ission G:�Planning�PDREPORT�RES�2005�TR-2005-08 res.doc