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Reso 6416 TR-2006-15 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6416 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL AND REPLACEMENT OF EIGHT EUCALYPTUS TREES AT AN EXISTING CHURCH AT 10455 BANDLEY DRIVE i SECTION I: PROTECT DESCRIPTION Application No.: TR-2006-15 Applicant: Sam Lin for Chinese Church in Christ Location: 10455 Bandley Drive SECTION II: FINDINGS � V�IHEREAS, the Planning Commission of the City of Cupertino received an application to approve the removal of eight (8) eucalyptus trees; and WHEREAS, the eucalyptus trees are part of an approved landscape plan for a church and are subject to Chapter 14.18 of the Municipal Code, pertaining to Heritage and Specimen 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-2006-15, as set forth in the Minutes of the Planning Commission Meeting of September 26, 2006 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION Approval is granted for the removal of eight eucalyptus trees, labeled 1 through 8 in the church parking lot as depicted in Exhibit C. Resolution No. 6416 TR-2006-15 September 26, 2006 Page 2 I 2. TREE REPLACEMENT Five 24-inch box Chinese Pistache trees shall be planted in the same locations where tree nos. 1, 2, 5, 6 and 8 are removed. Three additiona124-inch box native, evergreen trees shall be planted in the same locations where tree nos. 3, 4 and 7 are � removed. The subject native trees shall be acceptable to the Director of Community Development. i Automatic irrigation shall be provided to all new trees, which shall be planted within 60 days of eucalyptus removal. 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 26�' day of September 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, Chien, Saadati and Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: !"..�! . 4 r \ C�C/ 9 Ciddy Wor ell Marty M' Chairperson City Planner Cupertino Planning Commission G:�Planning�PDREPORT�RES�2006�TR-2006-15 res.doc