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TR-2011-65b City of Cupertino , , � 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 C U P E RT 1 N O FAX (408) 777-3333 Community Development Department October 26, 2011 Trillium Attn: Valerie Tellerico 7901 Stonebridge Dr. #503 Pleasanton, Ca. 95088 SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2011-02, ASA-2011-18, V-2011-02, TR- 2011-65 This letter confirms the decision of the Planning Commission, given at the meeting of October 25, 2011, approving a Use Permit and Architectural and Site Permit to allow the co-location of a personal wireless service facility, consisting of twelve panel antennas mounted on a previously approved (but un-built) 70-foot tall monopine with an associated base equipment enclosure at a planned residential development; a Variance Permit to allow equipment cabinets to be setback less than three feet from a side yard residential property line; and a Tree Removal Permit to allow the removal and replacement of one 65" diameter Monterey Pine to facilitate the construction of a person wireless service facility, located near 22475 Rancho Deep Cliff Drive, according to Planning Commission Resolution No. (s) 6676, 6677, 6678, and 6679. Please be aware that if this Permit is not used within a ten-year period, it shall expire on October 25, 2021. 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, Colin Jun Senior Planner Planning Department Enclosures: Resolution 6676, 6677, 6678 and 6679 CC: Saul Hoffinan, Rancho Deep Cliff HOA, 22475 Rancho Deep Cliff D� Cupertino CA 95014 g:/planning/post hearing/actionletterU-2011-02,ASA-2011-18, V-2011-02, TR-2011-65 TR-2011-65 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6677 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL AND REPLACEMENT ONE 65-INCH DIAMETER MONTEREY PINE TO FACILITATE THE CONSTRUCTION OF A PERSONAL WIRELESS SERVICE FACILITY NEXT TO 22475 RANCHO DEEP CLIFF DRIVE SECTION I: PROTECT DESCRIPTION Application No.: TR-2011-65 Applicant: Valerie Tallerico, Trillium (for AT&T) Property Owner: Rancho Deep Cliff Homeowners Association Location: Common area next to 22475 Rancho Deep Cliff Drive SECTION II: FINDINGS FOR TREE REMOVAL WHEREAS, the Planning Commission of the City of Cupertino received an application for tree removal, as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Comnussion has held at least one public hearing on this matter; and WHEREAS, the Planning Commission finds the following with regard to this application: That the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof,: The application for a Tree Removal Permit, Application no. TR-2011-65, 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 no. TR-2011-65 as set forth in the Minutes of Planning Commission Meeting of October 25, 2011, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED REMOVALS Approval is based on Exhibits titled: "AT&T/CN4008/RANCHO DEEP CLIFF/ 22475 RANCHO DEEP CLIFF DRIVE/CUPERTINO, CA 95014" prepared by Connell Design Group, LLC dated 10/04/11 and consisting of nine sheets labeled T1, F1, C-1, A1, A2, A2.1, A3, A4 and A5, except as may be amended by the conditions contained in this resolution. Resoluiion No. 6677 TR-2011-65 October 25, 2011 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. U-2011-02, ASA-2011-18 and V-2011-02 shall be applicable to this approval. 3. REQUIRED TREE REPLACEMENTS The removed tree shall be replaced with a 36-inch box tree planted in the general vicinity of the project. Ground cover areas that are disturbed by construction activities shall also be restored by the applicant. Final tree location shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. Applicant shall provide a letter from a landscape architect, certifying that the newly planted tree and other replaced landscaping are in good health and the irrigation system is operating properly to maintain the vegetation. 4. NOTI 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 25� 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 Winnie Lee, Chair Community Development Director Planning Commission G: Planning/PDREPOR T/RES/1'R-2011-65.doc • • or a i iona . n orma ion . ee i e _ _ _ _ _ _