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Reso 6432 TR-2006-17 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6432 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL AND REPLACEMENT OF SIX PRIVACY PROTECTION TREES LOCATED AT 21140 GRENOLA DRIVE SECTION I: PROTECT DESCRIPTION Application No.: TR-2006-17 Applicant: Gaurav Banga Location: 21140 Grenola Drive SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to approve the removal six privacy protection trees; and WHEREAS, the six trees are specimen protected trees 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-2006-17, as set forth in the Minutes of the Planning Commission Meeting of December 12, 2006 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION Approval is granted retroactively for the removal of six privacy protection trees (two redwood trees, four Monterey pine trees). Resolution No. 6432 TR-2006-17 December 12, 2006 Page 2 2. TREE REPLACEMENT The applicant shall work with city staff to determine appropriate species of either 24" or 35" box trees. The trees shall be planted within 60 days of this approval date, unless circumstances prevent replanting within 60 days, such as availability of the tree or weather conditions, as determined by the Director of Community Development. The property owner shall be responsible for the purchase cost, installation and warrantee of the replacement tree. 3. TREE COVENANT A covenant shall be recorded that identifies the replacement trees as protected trees. Prior to recordation, the covenant shall be reviewed and approved 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 12th day of December 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, Chien NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSEN . COMMISSIONERS: Wong � ATTE : ROVED: Steve Piasec i M il er, Chairperson Director of Community Development Cupertin lanning Commission G:�Planning�PDREPORT�RES�2006�TR-2006-17res.doc