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TR-2004-06b 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 July 27, 2004 Mr. Thomas Brutting HKIT Architec ts 538 Ninth Street, Suite 240 Oakland, CA 94607 SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2004-06 This letter confirms the decision of the Planning Commission, given at the meeting on July 26,2004, approving a request to remove four protected trees and replacements to accommodate an approved health care facility expansion (U-2003-01), located at 23500 Cristo Rey Drive (The Forum at the Rancho San Antonio), according to Plamling Commission Resolution No. 6258. Please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing that will be scheduled before the City Council. Sincerel y, Ciddy Wordell City Planner Cc : The Forum at the Rancho San Antonio, 23500 Cristo Rey Drive, Cupertino, CA 95014 g :/pl annin glpos t /zearin glacti on letterTI\ -2 004~06 TR-2004-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6258 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REQUEST TO REMOVE FOUR PROTECTED TREES AND REPLACEMENTS TO ACCOMMODATE AN APPROVED HEALTH CARE FACILITY EXPANSION (U-2003- 01) AT 23500 CRISTO REY DRIVE. SECTION I: PROJECT DESCRIPTION Application No.: Applicant Owner: Location/ APN: TR-2004-06 Thomas Brutting The Forum at the Rancho San Antonio 23500 Cristo Rey Drive SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove and replace four protected trees, as described in this Resolution; and WHEREAS, the applicant has met the burden of proof required to support removal of this tree and has satisfied the following requirements: 1) The four protected trees will be replaced with four additional trees 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 as modified; 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-2004-06, as set forth in the Minutes of the Planning Commission Meeting of July 26,2004 are incorporated by reference herein. Resolution No. 6258 Page 2 TR-2004-06 07/26/04 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION Approved is based on approved site and landscaping plan. 2. REPLACEMENT OF TREES The four protected trees will be replaced as shown on the approved landscaping plan. 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 26th day of July 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chen NOES: ABST AIN: ABSENT: ATTEST: APPROVED: / s / Steve Piasecki Steve Piasecki Director of Community Development / s/ Taghi Saadati Taghi Saadati, Chairperson Cupertino Planning Commission G:\Planning\PDREPORT\RES\ TR-2004-06 res.doc ~ n I- W OI I....J rJ) j C!J :::i 1.2:0 -~ l~ UJ IDi.~ ~- "",t:r: c:\;:: !-fl'<:( j4,j~ z(]) ::5z 0...- ~~ 5~ k!d. o w ~ W .-J cr: c.. uJ-= ~8 ~z ~Q <0 1"U;:::l ~~ ,U) ~~.~ ~g\R ~8~- fK ~Ji \ - ~+ :)~ ~ C/") z' w~ ~w 1-0:: g~ -.J <( 0... UJ ~ M ~ 0 I 0 n II 0 l - W ....J w .q:: L.I- U ..J- en .q- 0 o:J ('.i c.D c z ~ 0.. ~ :z I-- Z <t n: ~ :z: 0... o 0... :::l ~~ ~o :::>0 00 (.)1-- 1-:;' ~~52:z 1;5~~. LOI=IDI-~ '<1' (.) [0 w (5 o o ::r: ~ .'~ 0 :> cr: ~ ) , .- C"'l 0 ~ = () cr: cr: .q; 0 U") -' , ..q- ~ ....J~ , ::J!:':! 0 ~ -, <t) -.J ~l= ~ ~5 cr: ~.~ -+ , ~ t.:l in ~ 0:::. ob