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Reso 41866- JIM-89 (Amended) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 h• RESOLUTION No. 4186 OF THE PLANTING COMMISSION'OF THE CITY OF CUPERTINO AMENDING THE CONDITIONS OF THE APPROVED SUBDIVISION TO ALLOW FOR. THE REMOVAL OF A TREE 0 5I'ION I o FIlNDINGS the Planning Conmiss on of the City of received an .appi i ion, for a Tentative subdivision Map, as described on Page.. 2 of., .this Resolution; and z. n .D the necessary public, notices have been given as requ.ired_. by the su -vi-sign arm Proceoural Ordinances of the Ci of sno® arm the Flanr Com ission has held at least one Public Hearing in regard to the applicatzon; and WHEREAS, the Planning Commission finds than the application meets the following requirements-. aj That the proposed amendment is not detrimental to the health, safes peace,, morals and general welfare of personsresiding or working in the neighborhood of the proposed use, nor injuriotas to property and improvements in the neighborhood. NOW, THEREFOREF BE IT RESOLVED.* That upon careful consideration of maps, exhibits, facts, testimony and other evidence su}�iitted in this matter, the application for Tentative I Sta vision p is hereby approved, subject to the conditions enumerated y:. in this Resolution iroul on Page 2 thereof; and u IT FURTHER RESOLVFD o - t: the subconclusions upon which the findings and conditions specified -in this Resolution are based are contained in the Public Hearing Record concerriing Application 6�-89, as set forth in the Minutes of the p .'Planning Commission Meeting of July 24, 1989, and are incorporated by reference as though fully set forth herein. Resolution No. 4186 (6-JIMi 89 Amended) 7/24/89 Page - 2 S=ON ` II: PROJECT' DATA Application No (s) : 6-1IM-89 (Amended) Application: Perry & Jones Deyelopri nt Property Owner: Ron Jones and Charles Perm Jr. Location: South side of villa Maria Cto approximately 600 ft. west of Bubb Road SECTION III: L DNDITIONS ADM=STERE D BY THE C H4UNIr1'I DEVE LO ' DEPAI' 1. That Conditions 1-13 and 15-21 of Resolution No. 4161 remain unchanged. 2. That Condition 14 of Resolution No 4161 be modified to read: Tree Retention The subdivider: shall retain trees in accordance with the preservation specifications appearing in the report from Corporate and Ccaunercial' Services, as contained in City File 6-'M-89 0 The : following trees referenced in said report shall be further protected in the mares disbanded below. ao Tree 50 The driveway and IV' ditch on lot 4 shall be shifted in a westerly direction to avoid the root structure of tree #50 bo Tree 3. The Public Works Department shall make every effort to retain the specimen olive tree. The street pavement structure may be modified to achieve this end co Tree 10. The Director of C=nunity Development shall ensure the protection of subject tree if "Plan A modified" is recorded. If, "Plan A original°A is recorded: the Director shall make every effort to save the treed Replacement trees for those being removed shall each be replaces by a minimum of 1-2411 box tree of a native species, preferably a California Oak. Location of the replacement tree shall be depicted on the final nap and approved by the Planning Department prior to recordation. The applicant agrees to notify City prior to demolition and site clearance. A tree protection plan shall be approved prior to demolition and clearance. -___ _-A- g Resolution No. 4186 (6-11K--89 Amended) 7/24/89 Page 3 PASSED AND AmP ED this 24th day of July, 1989 at a Regular Meeting of the , Planning. Commission of the City of Cupertino, State of California, by the following roll call voted AYES: SSIONERS: Mackenzie,, Szabo, Sorensen and Chairman Adams NOES: CCHlISSIONERSo None ABSTAIN: CCMMISSIONERS; None ABSEN: SSIONERS: Claud A7'I'EST o APPFDVED o /s/ Robert .Cowan /s/ Victor Adams Robert Cowan Victor ` Adams, Chairman Director of Conn. Develop, amino Planning fission peresos\res6tm