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DRC Reso 308 TR-2011�2 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 308 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO TO ALLOW THE REMOVAL AND REPLACEMENT OF 20 TREES THAT ARE PART OF AN APPROVED LANDSCAPE PLAN FOR AN EXISTING OFFICE PARK AT 1 RESULTS WAY (APN 357-20-041) SECTION I: PROTECT DESCRIPTION Application No.: TR-2011-42 Applicant: John Rickard (Apple, Inc.) Location: 1 Results Way SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application to allow the removal and replacement of 20 trees that are part of an approved landscape plan. WHEREAS, the Design Review Committee finds that: 1. That three of the trees are dead or dying. 2. That the location of the other 17 trees restrict the economic enjoyment of the property by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated property and there are no reasonable alternatives to preserve the trees. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Application No. TR-2011-42, is hereby approved; 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-2011-42 as set forth in the Minutes of the Design Review Committee Meeting of September 15, 2011, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the Plan Set titled: "Apple Inc. - Results Way Campus ", prepared by Studios Architecture and consisting of three sheets labeled L1.0 - Tree Disposition and L2.0, L2.1 Planting Plan, dated August 24, 2011, except as may be amended by the conditions in this resolution. Resolution No.308 TR-2011-42 September 15,2011 Page 2 2. 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 day of September 15, 2011, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMITTEE MEMBERS: Chair Miller,Sun NOES: COMMITTEE MEMBERS: none ABSTAIN: COMMITTEE MEMBERS: none ABSENT: COMMITTEE MEMBERS: none ATTEST: APPROVED: 3-, Gary Chao � f Ma M ller, Chair City Planner Design view Committee