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TR-2004-04b CITY Of ERJI 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Community Development Department September 15, 2004 Li Mei Yee 8062 Park Villa Circle Cupertino, CA 95014 SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2004-04 This letter confirms the decision of the Planning Commission, given at the meeting on September 13, 2004, approving a request to remove a 16-inch diameter fern pine in a planned residential development, located at 8062 Park Villa Circle, according to Planning Commission Resolution No. 6270. 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. Sincerely, ,,\ Il( "~0.~;L . Peter Gilli Senior Planner g:jplann i ng/post hearing/action let terTl\ -2004-04 TR- 2004-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6270 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REQUEST TO REMOVE A 16-INCH DIAMETER FERN PINE IN A PLANNED RESIDENTIAL DEVELOPMENT SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2004-04 Li Mei Yee 8062 Park Villa Circle SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove a Fern Pine, 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 Fern Pine, due to its proximity to structures, and inappropriate past trimming, is inappropriate in its current location. 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 modifiedi 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-2004-04, as set forth in the Minutes of the Planning Commission Meeting of September 13, 2004 are incorporated by reference herein. Resolution No. 6270 Page 2 TR-2004-04 09/13/04 .. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROV AL ACTION The removal of a 16-inch diameter Fern Pine at 9062 Park Villa Circle is authorized. 2. REPLACEMENT REQUIREMENT The Homeowners Association shall plant two 24" box Sycamore Yarwoods as replacements. The location must be approved by Planning staff. 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 13th day of September 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chen, Giefer, Miller and Acting Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chairperson Saadati ATTEST: APPROVED: I sl Steve Piasecki Steve Piasecki Director of Community Development I sl Gilbert Wong Gilbert Wong, Acting Chairperson Cupertino Planning Commission