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20 Tree Removal Knopp Property 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Commuruty Development ueparnnent CITY OF CUPEIQ'INO SUMMARY AGENDA NO. :;(0 AGENDA DATE: Tune 20, 2006 Application Summary: Report regarding tree removal on the Knopp property BACKGROUND: In July 2005, the Planning Commission approved the subdivision of a one-acre parcel on Lindy Lane into two lots. The property is located at 21925 Lindy Lane in an Rl-20 zoning district and is owned by John Knopp. The conditions of approval and the tentative map are enclosed (Exhibit A). The final map has not been submitted or approved. On May 23, 2006, Cupertino's code enforcement department was contacted regarding tree removal on this property. Code enforcement personnel visited the sight and confirmed that two eucalyptus trees were cut down. The conditions of approval for the tentative map include a condition that includes this statement: No trees are to be removed as part of the tentative map approval. The Heritage and Specimen Tree Ordinance defines a "specimen tree" as a tree protected as part of a tentative map. A permit is required to remove a specimen tree. Planning staff contacted the property owner and requested he apply for a tree removal permit. DISCUSSION: Shortly after receiving the letter Mr. Knopp contacted the planning staff and indicated that he was not responsible for removing the trees. Staff also received a letter from Mr. Knopp's attorney, Harry 1. Price (see Exhibit B). He restates that the Knopps were not responsible for the tree removal and they have filed a police report regarding the person they claim is responsible for the tree removal. They are willing to replace the two trees, and state that the tree removal application fees should not be required. The letter also states that the subdivision authorization should not be destroyed by the illegal acts of a third party. Removal of the trees is inconsistent with the tentative map conditions and staff will not process recordation of the final map until the tree removal issue is resolved. Printed on Recycled Paper '20 -/ Report regarding tree removal on the Knopp property June 20, 2006 Page 2 Enclosures: Exhibit A: Tentative Map Approval Exhibit B: Letter from Harry I Price, Attorney at Law Prepared by: Ciddy Wordell, City Planner Approved by: SiJL Steve Piase i Director of Community Development David W. Knapp City Manager G:planning/ pdreport/ cc/2006/Knopp tree removal 1-0 - 2. EXHIBIT A .~ CITY OF CUPElQ'lNO 10300Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department July 29, 2005 Bret Moxley 30 Carolina Avenue San Anselmo, CA 94960 SUBJECT: PLANNING COMMISSION ACTION LETTER ~ TM-2005-03 This letter confirms the decision of the Planning Commission, givert at the meeting of July 26, 2005, approving a Tentative Map to subdivide a 1.0 acre parcel into two lots of about 20,000 square feet each in size in an Rl-20 zoning district, located at 21925 Lindy Lane, according to Planning Commission Resolution No. 6313. Please be aware that the resolution calls for modifications that are notpresentin your tentative map submittal, and that if the Tentative Map permit is not used within a three-year period, it shall expire on July 26, 2008. Also, please note that an appeal of this decision can be made within 10 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, ColinJun Senior Planner ~ Cc : John Knopp, 21925 Lindy Lane, Cupertino, CA 95014 G: I PImming I Post Hearing I Action Letters I nctionletter t11l200503.doc ,-, "" ?-o- ] TM-2005-03 OTY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6313 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDMDE A 1.0 ACRE PARCEL INTO TWO LOTS OF ABOUT 20,000 SQUARE FEET EACH IN SIZE IN AN Rl-20 ZONING DISTRIct AT21925 LINDY LANE SECTION 1: PROTECT DFSCRIPTI0N Application No.: Applicant: Location: TM-2005-03 Bret Moxley 21925 Lindy Lane SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing ill regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and Improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. J. -L{ Resolution No. 6313 Page 2 TM-200S-03 July 26, 2005 NOW, TIIEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2005-03 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, 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 TM-2005-03, as set forth in the Minutes of Planning Commission Meeting of July 26, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY TIIE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approved is based on the tentative map entitled "TENTATIVE MAP, LANDS OF KNOPP, 21925 LINDY LANE, CUPERTINO, CA" by Neisen Engineering, dated May 2005, and consisting of one sheet labeled 1. 2. FUTURE BUILDING AREA The applicant/ owner shall submit a revised tentative map clearly delineating the limits of development to closely reflect the illustrations included in the Planning Commission staff report dated July 26, 2005. In addition, no retaining walls over 4 feet tall (measured ftom the natural grade) shall be constructed on the project site. 3. SLOPE EASEMENT The applicant! owner shall submit a rElvised tentative map clearly delineating the required slope easement to closely reflect the illustrationsinc1uded in the Planning Commission staff report dated July 26, 2005. The easement is required to be recorded on the property ensuring that the existing landforms, trees and vegetation be preserved, and precluding any future developments or improvements in this area, except for necessary undergrounding of utility lines that do not adversely affect the specimen size native oak trees. 4. TREE PRESERVATION No trees are to be removed as part of the tentative map approval. The tree protection measures outlined in the Oty Arborist's report dated June 29,2005 shall be conditions of this project. Prior to the issuance of grading and building permits, the City Arborist shall confirm the implementation of the tree protection measures. Prior to the final occupancy, the Oty Arborist shall confirm that the protected trees have been preserved and survived the construction activities. In the event that any protected trees must be removed due to reasons deemed appropriate by the Community Development Director, then comparable diameter replacement tree(s) must be planted at the same location or locations visible to the public. 'J-- -~ Resolution No. 6313 Page 3 TM-2005-03 July 26, 2005 Prior to final map approval, a covenant shall be recorded on the property, notifying future property owners of the kinds and numbers of specimen trees protected by City Ordinance and the requirement for a tree removal permit for these trees. The covenant shaH be reviewed and a.pproved by the City Attorney. 5. DRIVEWAY MAINTENANCE AGREEMENT Prior to final map approval, a driveway maintenance agreement shall be recorded for existing driveway benefiting Lot #1. 6. DRIVEWAY ACCESS FOR LOT #2 Vehicular access for Lot #2 shall be taken off the ingress/ egress eaSement to the west side of Lot #2 in order to.limit grading impacts. 7. CONSTRUCTION MANAGEMIlNT PLAN A comprehensive construction operation plan must be submitted to the City for review and approval prior to issuance of grading and building permits addressing the following: . Staging area . Treeprotection · Construction hours and limits · Construction vehic1eand truckroutes . Dust and erosion control · Garbage and debris containedocationand pick up schedule . Signage advising contractors of the restrictions In addition to the construction management plan described above, the following additional construction activity limitations apply: · No grading IS allowed during the rainy season - October through April. · On Saturdays, grading, street construction, demolition, underground utility work and other construction work that directly involves motorized vehicular equipment are prohibited. . On Sundays, construction is prohibited. 8. DEVELOPMENT STANDARDS The project and future developments shall adhere to the RHS Ordinance or the Rl Ordinance whichever specific regulation in each ordinance is more restrictive. 9. 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 ')6-~ Resolution No. 6313 Page 4 TM-200S-03 July 26, 2005 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. 10. ADDITIONAL GEOTECHNICAL INVESTIGATIONS Prior to the approval of grading or building perrnits, a detailed geotechnical, design-level investigation shall be performed in accordance with the recommendations outlined in a letter ITomCotton Shires & Associates to Colin Jung, Cupertino City Planner dated June 29, 2005. 11. CALCULATION OF NET LOT SIZE OF LOT #2 For the purposes of subdivision, floor area ratio and building coverage, the area of the ingress! egress easement shall not be subtracted from the lot area to calculate net lot size. SECfION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 12. STREET WIDENING Street widening,jmprovements and dedications shalL be provided in accordance with City Standards and specifications and as required by the City Engineer. 13. CURB AND GUITER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 14. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall.be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining. properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 15. FIRE HYDRANT Fire hydrants shall be located as required by the City Engineer. 16. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City, as required. 17. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. :2-0 - ) Resolution No. 6313 Page 5 TM-2005-03 July 26, 2005 18. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and! or Regional Water Quality Control Board as appropriate. 19. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless the City Engineer deems storm drain facilities necessary. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City stann drainage system. If City storm drains are not available, drainage facilities shaH be installed to the satisfaction of the City Engineer. 20. FIRE PROTECfION Fire sprinklers shall be installed in any new construction to the approval of the City, as required. 21. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The. developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 22. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, .including but not limited to checking and inspection fees, stonn drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: $ 5% of Off-Site Improvement Cost or $2,130.00 minimum $ 5% of Site Improvement Cost $ 1,000.00 $ 1,293.87 N!A $ 2,000.00 $15,750.00 b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: Bonds: 2D~r Resolution No. 6313 Page 6 TM-2005-03 July 26,2005 a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. "The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 23. TRANSFORMERS Electrical transformers, telephone vaults .and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 24. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Stanclards and shall reach an agreement with San Jose Water for water service to the subject development. 25. BEST MANAGEMENT PRACfICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. PASSED AND ADOPTED this 26th day of July 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Giefer, Vice-Chair Miller, Saadati & Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chen NOES: ABSTAIN: ABSENT: A TrEST: APPROVED: Is I Steve Piasecki Steve Piasecki Director of Community Development I sl Gilbert Won~ Gilbert Wong, Chairperson Cupertino Planning Commission g:fplanning/pdreportfresffM-2005-03 res.doc ?-tJ -) N . EXP. !lito=; " .) 257-8821 . '.1.0 AC) NY 1RICT --- -~- .......""""""'" 48 AC.) HET 48 AC.) NET t ';CAlL: I" ~ 20' =-. . Ar"itOVAI:rrn-~ -03 oI\~>1"'~"'''' /'Iannlng C.mnd,,!," :::;1;;>(01 CJ5' l'...~ (' , Signa,nfe ,""/ v V l" s: <::> .~-------" TREE LEGEND _ n .. -- :e:a-.1fit0lll. . "....." .':.'l.7 :~':~ . ; ;, .. ....... 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Qh:ft......____atUtMt abMI...~and--I'A.....,._""'*--al2....___...." ..aR..HebIIf.CIIftIIIlII'_......lIIfM1~ I_...~---."'...'".alb....-ot Ph "*_OIllllluborbclrl...........tIItl for oo*IIord~_.........,.,..a. ._~--lI'Ilftlf.~ot:5.ptIf,_DtlfQllCtClllf.~1lMI'Io:IIKtIDnZ-I_ ..-....ffIO&_~."-lllOlH~.._~IIPIhPll~thalcllllQbonce "'cMdbo....tvrntMfnlrlt.-"'"'-___~~fXI_....,_PCIIlI. ----------.----- ---- -~-------....-- ---"-\.. ...._~. ---- LEGEND Il(WI.OTIK _______~nU€ _ _ _CDtn:onMrrIllGHT~"'l a.. a.. o z ~ lL. o (/) o z :5~ cL':5<e <>-0 ::;: Cl " zO W-z >..J_ - I- 1-100:: ~NW ZOla.. W~::J I-NO -- l""W ~ "~'1 ~- 1 .,1 _.. RECEIVED JUN 1 2 2006 Exhibit B PRICE LAW FIRM HARRY I. PRICE Attorney at Law Tel 650.949.0840 Fax 650.949.0240 Harry@PricesLaw.com June 9, 2006 via fax and mail Ms. Ciddy Wordell City Planner City of Cupertino 10300 Torre Avenue Cupertino, California 95014 RE: Knopp property 21925 Lindy Lane, Cupertino, CA 95014 Dear Ms. Wordell: On behalf of my clients, John and Karen Knopp, I am writing in response to your letter of May 17, 2006. I know that my client John Knopp has already met with you, and explained to you how they were the victims of a crime - the unauthorized trespass upon their property, and the wrongful removal of two eucalyptus trees from their property by a third party. My clients would have never removed those two trees; and to compound the problem, now they are placed in an unenviable position of being subjected to the threat of code enforcement penalties. I am informed that a Mr. R. J. Perez is the responsible party who acted without permission, let alone notice to, my clients, for his own personal benefit - to improve the "view" from an adjacent parcel. My clients are not merely furious about what occurred, but have already filed a police report with the County Sheriff; a copy of !;he report confirmation is attached. My clients have further authorized me to pursue civil litigation if Mr. Perez fails to accept the financial responsibility for his improper conduct. 40 Main Street . Los Altos, CA . 94022 www.PricesLaw.com ?-o - \ \ PRICE Law Finn Attorneys at Law Ms. Ciddy Wordell June 9, 2006 Page 2 Mr. and Mrs. Knopp recognize the importance of replacing the trees that were wrongfully chopped down. My clients are not only willing to fully cooperate with any reasonable requirements of the City of Cupertino, but they also want to replace the two trees. Replacing the trees will reinstate the visual screen provided to their property's bedroom window that they previously enjoyed. My clients also know that the tree stumps should be removed, and that the adjacent two oak trees should be inspected by a licensed arborist for any damage caused by the vandalism. Fortunately, the trees that were removed were tall and narrow, and were not heritage trees. Needless to say, my clients are concerned about the impact that this tree removal might have upon their subdivision process. Even though you requested that a tree removal permit be submitted, given the circumstances, it seems apparent that no "application fees" should be required of the Knopps. If code enforcement authorities require some form of corrective action, my clients will certainly cooperate. While we respect your right and authority to require review of this matter by the City Council, we request that you decline to pursue such a review. It would be a travesty for any subdivision applicant to have their property rights (subdivision authorization subject to conditions of approval) destroyed by the illegal acts of a third party. I ask that you please consult with the other members of the staff of the City of Cupertino, and then allow us to meet and confer so that constructive steps can be taken together. If we are able to come to an agreement, either the matter could be removed from the June 20th City Council calendar, or alternatively placed on the consent calendar for that hearing. Given the time constraints, I would welcome the opportunity to meet with you and/or other members of the City of Cupertino staff at your earliest opportunity next week. Please contact me to arrange such a meeting. Thank you for your anticipated prompt attention to the requests set forth above. Very truly yours, PR:?l:t~.~I~~ Harry~.r~ HIP/mj encl. cc: clients J.-b-{J-