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Reso 6408 TR-2006-12 ( CITY OF CUPERTINO ► 10300 Torre Avenue Cupertino, California 95014 ( RESOLUTION NO. 6408 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL OF TWO EUCALYPTUS TREES PROTECTED AS PART OF A � TENTATIVE MAP APPROVAL (TM-2005-03) AT 21925 LINDY LANE i SECTION I: PROTECT DESCRIPTION Application No.: TR-2006-12 � Applicant: John Knopp Location: 21925 Lindy Lane SECTION II: FINDINGS WHEREAS, the Plann�ng Commission of the City of Cupertino received an application to approve the removal of two (2) eucalyptus 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-2006-12, as set forth in the Minutes of the Planning Commission Meeting of August 8, 2006 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION Approval is for two previously-removed eucalyptus trees near the residential driveway. Resolution No. 6408 TR-2006-12 August 8, 2006 Page 2 1 � 2. TREE REPLACEMENT ( Two field-grown oak trees with a minimum height of approximately 15 feet shall be planted as close to the area of the removed trees as possible, to be determined by the Director of Community Development. An additional tree shall be planted in the same location as the removed trees to replace the landscape screening lost as a result of the tree removal. The trees shall be planted within 60 days of this approval date, ( unless circumstances prevent replanting within 60 days, such as availability of trees or weather conditions, as determined by the Director of Community Development. � 3. TREE COVENANT A covenant shall be recorded that identifies the replacement trees as protected trees, the covenant to be reviewed by the Director of Community Development. 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 8th day of August 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Saadati, Wong NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Vice Chair Giefer, Chien ATTEST: APPROVED: - , c�, � = f�'�c- t��cr2�'�'�t/7 � _ Ciddy Word 11 Marty Miller, C airperson City Planner Cupertino Planning Commission G:�Planning�PDREPORT�RES�2006�TR-2006-12 res.doc