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TR-2011-48b City of Cupertino , 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 C U P E RT I N O FAX (408) 777-3333 Community Development Department October 12, 2011 ArcTec, Inc. Atln: Jeff Oparowski 99 Almaden Blvd. #840 San Jose, Ca. 95113 SUBJECT: PLANNING COMMISSION ACTION LETTER - ASA-2011-17, TR-2011-48 This letter confirms the decision of the Planning Commission, given at the meeting of October 11, 2011, approving an Architectural and Site permit to amend a prior approval (ASA-2009-08) to make minor changes to the architecture, parking lot layout and a Tree Removal permit to amend a prior approval (TR-2010-08) in conjunction with new minor changes to the parking lot and landscaping at an existing shopping center, located at the sw corner of N DeAnza Boulevard and Homestead Road, according to Planning Commission Resolution No. (s) 6665 and 6666. Please be aware that if this Permit is not used within a two-year period, it shall expire on October 11, 2013. Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing of the notice of the decision. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, _, ' � ' ! ..�-- _._.... , , : r �� = - � ., _. �'�� -- , _ - . .. . � _ -- " � _.�- .� _ � Gary Chao City Planner Planning Department Enclosures: Resolution 6665 and 6666 CC: Brokaw Interests & Campus Park Assoc (The Sobrato Organization� John Sobrato, 10600 N DeAnza Blvd #200, Cupertino CA 95014 g:/planning/posE hearing/actionletterASA-2011-17,TR-2011-48 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 Corrunission 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: � s/ Aarti Shrivastava / s/ Winnie Lee Aarti Shrivastava, Director Winnie Lee, Chair Community Development Department Planning Commission • • • • � �