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Reso 6385 TR-2006-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6385 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL OF ONE APPROXIMATELY 36" DIAMETER COASTAL REDWOOD TREE AND THE REMOVAL OF TWLEVE CANARY ISLAND PINES AT 19900 STEVENS CREEK SECTION I: PROTECT DESCRIPTION Application No.: TR-2006-07 Applicant: Anthony Christen (for Alan Firenzi) Location: 19900 Stevens Creek Boulevard SECTION II: FINDINGS WI-IEREAS, the Planning Commission of the City of Cupertino received an application to retroactively approve the removal of eight (8) trees and approve the removal of another five (5) trees; 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, application for Tree Removal is hereby approved 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-2006-07, as set forth in the Minutes of the Planning Commission Meeting of May 9, 2006 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION Approval is based upon the Exhibits A, B and C that are part of the City staff report dated May 9, 2006 for this project, except as may be modified by the conditions contained in this resolution. Resolution TR-2006-07 May 9, 2006 Page 2 2. TREE REMOVAL & REPLACEMENT Twelve Canary Island Pines on the west side of the building shall be removed and the stumps ground out. Each removed tree shall be replaced by a 24" box Coastal Redwood. The chips and buttress roots of the removed Coastal Redwood shall be removed and a 36" box Coastal Redwood shall be planted as a replacement. 3. TREE PROTECTION BOND AND TREE MONITORING: A tree protection bond in the amount of $30,000 shall be provided. The applicant shall contracted with a ISA certified arborist to monitor the health of the new trees and provide an annual report to the Community Development Director for a two year period after planting. The tree bond will be released if the trees remain healthy after the two year period. 4. 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 9th day of May 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Saadati,Wong NOES: COMMISSIONERS: Chien ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none , ATTEST: APPROVED: � � � � ���teve Piasecki Marty , Chairperson � �Director of Community Development Cupertino Planning Commission ��:�Planning�PDREPORT�RES�2005�TR-2006-07 res.doc