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Reso 6666 TR-2011-48 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO. 6666 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL OF REMOVAL AND REPLACEMENT OF UP TO 124 TREES AT 20580,20620 AND 20680 HOMESTEAD ROAD SECTION I: PROTECT DESCRIPTION Application No.: TR-2011-48 Applicant: Jeff Oparoswski (Sobrato Organization) Location: 20580,20620 and 20680 Homestead Rd SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to approve the removal of 124 trees that are by an approved development plan considered protected trees subject to Chapter 14.18, the Protected Tree Ordinance of the City of Cupertino; 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,the Planning Commission finds 1. That the aforementioned trees are in conflict with the development proposal; 2. That the application for Tree Removal,file no. TR-2011-48, is hereby approved; and 3. 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-2011-48, as set forth in the Minutes of the Planning Commission Meeting of October 11,2011 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION The approval is based on the plan sets dated September 21, 2011 submitted by Arc Tec, titled "Homestead Square Retail Center consisting of 25 pages labeled "A1-A17, C01-006, „ L1 and L2" as submitted by the applicant, except as may be amended by the Conditions contained in this Resolution. 124 trees marked for removal in the Tree Inventory List provided by the applicant are approved for removal. All trees are identified by metal tags with a number on them. Resolution No. 6666 TR-2011-48 October 11,2011 2. TREE REMOVAL&REPLACEMENT The removed trees are to be replaced with at least 134 24" box trees, species of which shall be reviewed and approved, prior to final occupancy on the subject property by the Director of Community Development. 3. ADDITIONAL CONDITIONS Please refer to the ASA-201-17 resolution for additional tree conditions. 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 11� day of October 2011, at a Regular Meeting of the Planning Commission of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Lee,Vice Chair Miller,Brophy,Brownley,Sun NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: !l� ^ Aarti Shrivastava, Director Winnie Lee,Chai Community Development Department Planning Commission