18. Moxley Property report
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CITY OF
CUPEIUINO
city Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
PUBUC WORKS DEPARTMENT
AGENDA ITEM
jK
Summary
AGENDA DATE I!! HJ.-rnJu.r S; J...(J(J 7
SUBJECT AND ISSUE
Receive a report on the former Moxley property on Lindy Lane related to the subdivision
improvement plan.
BACKGROUND
On June 7,' 2004, the City Council adopted a resolution approving the parcel map and
improvement plans for Lands of Moxley at 21949 Lindy Lane. The parcel map
subdivided the previously existing lot into three seParate lots. The improvement plans
consisted of clearing and grading of the site, construction of a drainage swale and an
asphalt concrete (Ae) curb along ~e "existing private access road, and removal - and
replacement of ail existing re~g wall. Along with the improvement plans, the
developer Mr. Bret Moxley was required. to execute a development agreement with the
City and provide a construction security frO:p:l a, financial institution to ensure the
completion of the required improvements. '
Mr. Moxley has since sold the lots Created by the subdivision to three separate parties,
and two of the new lot owners acquiied building permits and have qanstructed houses and
other improvements on the properties. The improvement plans for the building ,permits
originally called for the lots to be connected to an existing storm drain line in the existing
private road. HQwever, when it was discovered that the storm drain line was privately -
owned, and that the connection by the lot owners could not be successfully negotiated, the
City required the lot owners to pursue alternative methods of conveY41g their drainage
and provide bonding to e~ completion ofth~ revised drainage improvements.
One of the lot owners connected that lot's drainage directly to the City storm drain facility
in Lindy Lane, while the other has designed and bonded for additional drainage facilities
to convey its drainage to the City starin drain in Lindy Lane. The latter work has yet to
be completed, pending the results of renewed negotiations with the private storm drain
owner for connection to the existing private storm drain line.
18-1
There were contentions that the new retaining wall constructed by Mr. Moxley on one of .
the created lots encroached on the private road easement, but a survey determined that
that was not the case. There were also complaints from at least one resi4ent along Lindy
Lane below the site that storm water runoff from the site was carrying soil down the
private road to Lindy Lane. Staff took steps to assure that the sites under construction
were employing proper erosion control to prevent any flow of soil off the construction
sites. It was subsequently discovered that the main source of the turbid flow was an
existing lot that is not part of the Moxley subdivisio~ and which is not presently subject
to a development permit. Staff has taken temporary measures to mitigate the turbid flow
from that lot and will try to work: with the lot owner to achieve a permanent solution.
Although Mr. Moxley completed most of the original improvements required of his .
subdivisio~ the City had not released his construction securities when the financial
institution providing Mr. Moxley's construction securities allowed them to ~apse without
notice to the City. Staff is pursuing reinstatement of the improperly lapsed securities in
order to implement any work or repair that might remain. '
FISCAL IMPACT
There is no direct fiscal impact.
STAFF RECOMMENDATION
That Council receive and consider this report on the former Moxley property on Lindy
Lane related,to the subdivision improvement plan.
Submitted by:
Approved for submission:
CSG- . ("' 9oIP~Mtt~t..
y:.L Ralph A Qualls, Jr.
Director of Public Works
~
David W. Knapp
City Manager
18 - 2
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
CUPERTINO
Community Development
Department
Summary
Agenda Item No. ~
. Agenda Date: November 5,2007
APPUCATION SUMMARY:
Receive a report on the former Moxley property on Lindy Lane related to tree
protection and the,subdivision improvement plan.
RECOMMENDATION:
Staff recommends that the City Council:
Direct staff to continue to require the replanting of five oak trees pursuant to the
recorded covenant. The subdivision improvements are discussed in the separate Public
Works report, which is attached. '
BACKGROUND:
This item was originally scheduled for the October 16, 2007 City Council meeting, but
was continued to this meeting at the request of Bret Moxley, who was unable to attend
at that time.
On July 9, 2001, the Planning Commission approved a Tentative Map to subdivide a 1.6
acre property on Lindy Lane into three parcels. The conditions of approval and the
tentative map are enclosed (Exhibit A).
The property is zoned Rl-20. The three lot sizes are 22,501 square feet, .20,475 square
feet and 21,461 square feet. The property owner at that time was Bret Moxley, and the
three lots have since been sold. Residences have been constructed and ocCupied ~n Lots
1 and 3. Lot 2 is vacant and no building plans have been submitted. A future home on
this parcel will conform to the 5,500 square foot maximum house size required by.a
recorded covenant (see discussion below) and the recently adopted hillside
development standards.
Concerns about tree protection have been expressed by neighboring property owners
and the City Council. A condition of approval required certain tree protection
measures, as follows:
18- 3
Tree Protection Report
Page 2
All trees shown to. be protected on the tentative map shall be protected. In
addition, tree #9 shall be relocated. Trees #30, 35 and 36 shall be reevaluated to
determine if they can remain. Trees #18 and 42 shall not be removed. Any
specimen oak tree removed shall be replaced with a 36" box oak tree, with the
location to be determined by staff. Other tree protection recommendations
included in the arborist's report (Deborah Ellis, May 2001) shall be followed. A
tre~ bond in the amount of $20,000 shall be submitted prior to recordation of the
final map,. and shall be released upon a written report by the arborist that the
trees have been adequately protected during construction and are expected to
survive.
DISCUSSION:
Exhibit B consists of two aerials that show and number the trees on the site, prior to and
after site development. Oak and non-oak trees are depicted. Exhibit C consists of a
diagram that describes the status of tre;es protected ~d removed.
In summary:
. The Planning Commission required savings 21 oak trees, and authorized the
removal of 21 trees (15 oak trees and six non-oak trees) due to their location in or
near the re-engineered fill that was required as part of the subdivision.
. Two specimen oak trees to be saved were removed. Mitigation for one of those
trees on LOt 2 has not occurred and reptacement will be required pursuant to the
.covenant. Additionally, four specimen oaks on Lot 2 approved for removal have
not been replaced, and will also be subject to the covenant.
. The property owner of Lot 2 will be required to plant five 36" oak trees.
Regarding the tree bond, unfortunately it was not collected prior to recordation of the
final map due to lack of intra-staff coordination between the Planning and Public Works
departments. Consequently, it is not available as leverage for enforcing tree
replacement. Staff attempted to work with Mr. Moxley for tree replacement on Lot 2
.and was not successful in that Mr. Moxley did not respond to subsequent requests (see
Exhibit D). However, Mr. Moxley indicated in his email of October 16, 2007 that he will
plant the five 36" box oak trees on Lot 2. Staff wrote the current property owner to
inform them that the trees are required to be planted.
In 2004, the Planning COmn:Ussion expressed concern about the size of the houses that
could be built on the three lots, and discussed the possibility of reioningthe property to
Residential Hillside. In lieu of rezoning, Mr. Moxley agreed to a covenant on each lot
to limit the size of all structures to 5,500 square feet (see Exhibit E). The covenant alSo
required "installation of up to 20 non-deciduous trees of not less than 24" inch box size
in size in a location that will provide partial screening of any new residence from the
public right-of-way on Lindy Lane, subject to the approval of the Director of
Community Development" This covenant is recorded against the property and is
18 - 4
Tree Protection Report
Page 3
enforceable. Two additional trees could be located near the south property line on Lot
3, and several additiorial trees could be located on Lot 2 when a residence is proposed,
in addition to the five already required. . Staff has written the property owners of Lot 3
requiring that they plant two 24" box oak trees near the south property line. Therefore,
ten of the "up to 20" trees required by the covenant will be planted.
. Mr. Moxley indicated that he will attend this meeting to provide his input on the trees
and private road improvements.
Enclosures:
Exhibit A - Tentative Map Conditions of Approval and Maps
Exhibit B - Site Aerials (pre- and Post- Construction)
Exhibit C - Diagram of Protected Trees .
~bit D ...; Letter to Bret Moxley, September 11, 2006
Exhibit E - Covenant and Agreement to Restrict Use of Property
Exhibit F - Email from Bret Moxley, October 16, 2007
Prepared by: Ciddy Wordell, City Planner
Approved by:
:.
(;fMd a O~cD--J
avid W. Knapp. () - .
City Manager
Steve Piasecki
DireCtor, Coll'lIrtunity Development
G: \P lanning\M1SC/Lindy La.1re report 11-05-07.doc
18 - 5
Exhibit A
01-lM-Ol
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6097
OF THE PLANNING COMMISSION OF TIm CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 1.6 ACRE SITE INTO THREE PARCELS RANGlNG IN SIZE FROM
APPROXIMATELY 20,500 TO 22,500 SQUARE FEET IN AN RI-20 ZONlNG DISTRICT.
SECTION I: PROJECT DESCRIPTION.
Application No.:
Applicant:
Location:
Ol-TM-Ol
Moxley properties
21949 Lindy Lane
SECTION TI: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application fora
Tentative Subdivisjon 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 in 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 d~sign 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 ~ause .
substantial environmental damage nor substantially and avoidable injure fish and wildlife
or their habitat due ~o the preservation, relocation and replanting of various oak trees.
e) That the designs of the subdivision or the type of improvements associated therewith are
not likely to cause serious public health problems.
f) That the design of the subdivision and its associated improvements will not conflict with
easements acquired by the public at large for access through or use of property within the
proposed subdivision,
18 -7
Resolutian No., 6097
Page 2
01-lM-01
July 9, 2001
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideratian of maps, facts, exhibits, testimany and other evidence subInitted in
this matter, the application OI-TM-01 for a Tentative Map is hereby approved subject to. the
conditians which are enumerated in this Resolutian beginning an page 2 thereof, and
That the subconclusians upon which the findings and conditians specified in this Resalution are
based and contained in the Public Hearing record cancerning Application 01-TM-01, as set forth
in the Minutes of Planning Commissian Meeting of July 9, 2001, and are incorporated by
reference as thaugh fillly set forth herein.
SECTION III: CONDmONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1, APPROVED EXlDBITS
Appraval is based on Sheets 1~3 of the tentative map, dated May 2001, excepted as may be
amended by conditions contained in this resolutian.
2. ROAD MAlNTAINANCE AGREEMENT
A reciprocal maintenance agreement shall be required far all parcels that share a comman
private roadway within the tract. Said agreement shall be recorded in conjunction with
recordatian of the final map, and shall be subject to priar approval as to form and content by
the City Attorney.
3, TREEPROTECTION
All trees shawn to be protected on the tentative map shall be protected. In addition, tree #9
shall be relocated. Trees #30,35 and 36 shall be reevaluated to. determine if they can remain.
Trees #18 and 42 shall not be removed, Any specimen oak tree removed shall be replaced
with a 36" bax oak tree, with the located to. be determined by staff. Other tree protection
recomm~dati,ans included in the arborist's report (Deborah Ellis, May 2001) shall be
fallowed. A tree band in the amount of $20,000 shall be submitted priar to recordation af the
final map, and shall be released upon a written repart by the arbarist that the trees have been
adequately protected during constructian and are expected to survive. The arbonst shall
prepare a repart,. priar to recordation of the final map, regarding the risk af introducing
sudden oak death to the site during site improvements and recommend any preventian
measures if needed.
4. GEOLOGIST'S CONDmONS
The conditions af approval af the City's consulting gealagist, Cotton, Shires & Associates
letter dated May 29, 2001, shall be implemented.
. 5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of praject Approval set forth herein may include certain fees, dedicatian
requirements, reservation requirements, and other exactians, Pursuant to GovernmentCade
Section 66020(d) (1), these Conditians constitute written notice af a statement of the amount
af such fees, and a description af the dedications, reservations, and other exactians, Yau are
hereby further notified that the 90-day approval periad in which yau may pratest these fees,
18 - 8
Resolution No, 6097
Page 3
01-TM-Ol
July 9, 2001
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 barr~ from later challenging such
exactions.
SECTION IV: CONDmONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
6. STREETWIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as reqUired by the City Engineer, with special attention to
the condition and alignment of the intersection of the private road at Lindy Lane.
7. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shalt be installed in accordance with
grades and standards as specified by the City Engineer.
8. STREET LIGIITING 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.
9, FIRE HYDRANT
Fire hydrants shall be located as required by the City.
10. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
11, STREET TREES
, Streets 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.
12, 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 may be required.
Please contact Army Corp of engineers and/or Regional Water Quality Control Board As
appropriate,
13. DRAINAGE .
Drainage shall be provided to the satisfaction of the City Engineer.. Surface flow across
public sidewalks may be allowed in the R-l, R-2 and R-3 zones unless storm drain facilities
are deemed necessary by the City Engineer. Development in all other zoning districts shall
be served on by on site storm drainage facilities connected to the City storm drainage system.
If City storm drains are not available, drainage facilities shall be installed to the satisfaction
of the City Engineer.
18 - 9
Resolution No. 6097
Page 4
01-TM-OI
July 9, 2001
14, FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
.15. 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 installations of underground utility devices.. The
developer shall submit detailed plans showing the utility underground p~ovisions. Said plans
shall be subject to prior approval of the affected Utility provider and the City Engineer.
16, 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,
storm drain fees; park dedication fees and fees for underground 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
IDlDIIDum
$ 5% of Site Improvement Cost
$ 1,000.00
$ 2,080,00
N1A
$463
$ 31,500,00
b. Grading Permit
c. Development Maintenance Deposit
d. Storm Drainage Fee:
e. Power Cost
f. Map Checking Fees:
g, Park Fees:
Bonds:
a Faithful Performance Bond: 100% or Off-Site and On-Site Improvements
b. Labor & Material Bond: 100% ofOff-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.
17. ~SFO~S
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 vi.sible from public street areas.
18. DEDICATION OF W ATERLlNES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards imd shall reach an agreement with California Water Company for water service to
the subject development.
19, BEST MANAGEMENT PRACTICES
18-10
Resolution No. 6097
Page 5
Ol-TM-OI
July 9, 2001
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity which disturbs soil. Bl\1P plans shall be included in
the grading and street improvement plans. Erosion and/or sediment control plan shall be
provided.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDmONS
(Section 66474.18 California Government Code)
I hereby c::ertify that ~e engineering and surveying conditions specified in Section IV of this
Resolution conform to g~era1ly accepted engineering practices.
Is! Ralph Qualls
Ralph Qualls, Director ofPiIblic Works
PASSED AND ADOPTED this 9th day of July, 2001, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Auerbach, Patnoe and Chairperson Kwok
COMMISSIONERS:
COMMISSIONERS:
COM:MISSIONERS: Chen and Corr
ATTEST:
APPROVED:
/s/ Steve Piasecki
Steve Piasecki
Director of Community Development
/s! Patrick Kwok
Patrick Kwok, Chairperson
Cupertino Planning Commission
g:/plannlnglpdrflport/reslOl-TM-Ol rel.doc
18-11
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CITY OF ' .
CUPER}INO
Exhibit 0
CUf'<iI"."V, '--"'-LLJVI/HU ::7o../V.L'%
Telephone: (408) 777-3308
FAX.: (408) 777-3333
COMMUNITY DEVELOPMENT
. September 11,2006-
----
. -~-----
Mr. Bret Moxley
30 Carolina Avenue
. San Anselm9, California 94960 '
Dear Bret:,
Thank you for visiting your fo~er property with me several months ago. I restudied the
tree requirements for your subdivision, and have determined that some tree replanting is
necessary on Lot 2. The tree protection condition, condition 3, states that any specimen'
. oe,](. tree removed shall be replaced with a 36" box oak tree. Five specimen oak trees
were removed from lot 2, so five trees ne'ed to be planted. This should have been done in
connection with your final map, butwe did not do a goodjob of tracking the replacement
requirement at ~a( time. ..
When we visited the site, we talked about tree. #30,' which was supposed to be
reevaluated, but was in fact removed, which. you showed as' being l;'emoved on your
improvement.plan. The other specimen n;ees are #27, 28, 29 and 32: '
I realize that the property has been sold,. but I believe you said you wouJd address any
tree reparations that are needed. Please conta,ct me about. this, and let me know if you
have any different information and what you are able to do regarding replacements. You
may reach me at 777-3236: (I will be out of the office until September 20th,) ,
Thank you fqr your assistance. .'
Yours truly, .. ~~ ~ ~~ ~
~ . ~ ~ 'Z~-
City Planner '\i::f: \.
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18-13
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Recording Requested By and
When R~orded Mail To:
Exhibit E
Owen Byrd
Law Offices of Owen Byrd
418 Florence Street
Palo Alto, CA 94301
for Moxl~y Properties, L.P.
When Recorded Mail To:
City Attorney
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
1~L/~lfb.3
COVENANT AND AGREEMENT
TO RESTRICT USE OF PROPERTY
This Covenant and Agreement to Restrict Use of Property ('Covenant") is made as of
the 10th day of August, 2004, by Moxley Properties, L.P. ("Covenantor"), which is the
owner of record of that certain property located in the Oty of Cupertino, County of
Santa Clara, State of California, which is described in Exhibit A attached hereto and
incorporated herein by this ref~rence ("Property"), for the benefit of the City of
Cupertino ("City") with reference to the following facts:
1. The current zoning for the Property is Rl-20.
2. The current zoning could potentially allow for construction of residences up to
9,000 square feet in size on each of the three legal parcels that .collectively
comprise the Property.
3. Covenantor and City each desire to limit the size and visual impact of any new
residences constructed on the Property.
Therefore, Covenantor agrees to restrict the use of the Property as follows
("ReStrictions") :
1. The square footage of all structures constructed on the Property on each lot shall
not be greater than 5,500 square feet.
2. Construction of any new residence(s) on the Property shall be accompanied by
installation of up to 20 non-deciduous trees of not less than 24" in box size in a
location that will provide partial screening of any new residence from the public
18-15
right-of-way on Lindy Lane, subject to the approval of the Director of
Community Development.
'The Restrictions contained in this Covenant shall run with th~ land and pass with each
and every portion of the Property and shall apply to, inure to the benefit of and bind .
the respective successors in interest thereof, for the benefit of City. All purchasers,
lessees or possessors or any portion of the Property shall be deemed by their purchase,
lease or possession of such Property to be in accord with the foregoing Restrictions and
to agree for and among themselves, their heirs, successors and assignees and the agents,
employees and lessees of such owners, heirs, successors and assignees that the
Restrictions must be adhered to for the benefit of City.
The Restrictions contained in this Covenant shall be enforceable by the City.
Covenantor desires and cove~ts that the restrictions ~ontained in this Covenant shall
be incorporated in and attached to each and all deeds and leases of any portion -of the
Property. Recordation of this Covenant shall be deemed binding on all successors,
a,ssigns and lessees regardless of whether copy of this Covenant has been attached to
any specifi~ deed or lease.
Unless terminated by law or otherwise, this Covenant shall continue in effect in
perpetuity~
Notwithstanding the above, should the zoning on this property, at any time, be
changed to a zone other than Rl-20, the new zoning regulations shall apply.
IN WITNESS WHEREOF, the parties execute this Covenan~ as of the date set forth
above.
COVENANTOR:
MOXLEY PROPERTIES, L.P.
, .
By:~C/J(~
Bret Moxley ,
Its: General partner
B
Its: City Manager '
B . (L. D1
18 - 16
LEGAL DESCRIPTION
liXHIBIT A
Real property hi the City of CUpertino, County of Santa Oara, State of California, described as
follows: , .
Parcels 1, 2 and 3 as shown on that ceitain Parcel Map filed In the office'of the Recorder of the
County of Santa Clara, State of California on June 28, 2004 In Book 771 of Maps, pages 48 and
49.
APN: 356-~S-016
ARB: 356-25-016.02, 16.03, 16.04
Rrst American rit/e
18 - 17
LEGEND
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41
ACKNOWLEDGE1\.1ENT
STATE OF CALIFORNIA
c;OUNTY O~~ C( 4./~
)
)
)
ss.
On
f / /ojocf
I
Bi<-J:-. C,
, before me, ~ m:J1 :OCCo.
(name and ti~e of officer), personally appeared
y-v-J 0 >C/~
who proved to me on the basis of satisfacto evidence to be the persons whose names
are subscribed to ~ instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by tl).eil:. signatures on the instrument the
persons executed the instrument..
WITNFSS my hand and official seal.
~-~-~:=~~-J
~ ~ Notary PtmIIc . CaIfornla i
~ Santa Clara County -
~ -or -or -or ~:~~~:U:2:.2~7t
18 - 19
ACKNOWLEDG:IDv1ENT
STATE OF CALIFORNIA
COUNTY OF ~t.Oa.r6L.
On ~. {(ql ~dtJ t{
~
, before me,
WITNESS my hand and official seal.
..~~~'JJ-
Signature of Notary
)
)
)
SS.
~~ S~J.t, ~rJh~
it GlACiIlCHPAa
. ~I.I""
~1IubIb. ~ ~,..
Cba'~
-Canln.-"FebZI,
18 - 20
PROJECT INFORMATION
&
T
VICINITY MAP
(Sl1E
OWNER AND APPLICANT:
BRET MOXLEY
MOXLEY PROPERTIES
30 CAROUNA AVENUE
SAN ANSELMO, CAUFORNIA 94960
415-517-5707
11Jl.
'-~
)b,,-..,.
~
ENGINEER:
MARIUS E. NELSEN, R.C,E, 20597, EXP. 9/01
NELSEN ENGINEERING
21801 STEVENS CREEK BOULEVARD
CUPERTINO, CALIFORNIA, 95014
. TEL. (408) 257-6452 FAX. (408) 257-6821
PROPERTY AIJDRESS AND APN:
21949 UNDY LANE
CUPERTINO, CALIFORNIA
356-25-016
PROPOSED NUMBER OF LOTS: 3 LOTS
GROSS PROJECT AREA: 70,236. SQ. FT. (1.612 AC)
UTILITIES:
ELECTRIC AND GAS. P.G. & E.
WATER, SAN JOSE WATER COMPANY
TELEPHONE, PACIFIC BELL
SEWER, CUPERTINO SANITARY DISTRICT
EXISTING LAND USE: RESIDENTIAL
r/
..~~
/
LEGEND
. - PROPEllTY LINE
tOT LINE
-.- --. '-- SElBIICK ltlE
----------- El>CE Of" PI\\lEMEWT
- 5 - LDCA TlON 0., 5NolIT MV 5EWEIl WAIN
S 5AIlITAAT 5Ev.ER UAJoIHOl[
-0- LDCATION Of STOflIi ORAIl IolAlN
o 5lORll llR!\IW IoIANHOlE
.;t FlRE 1l'tDR1oIo'T
EXIST. FEWCE UNE
"'" UTlJTY P01.E
. EXISTING 'lOHUIoIEIIT
0WI0l WIIU YETER
. DRAlWAGE INlET
X TREE 10 BE REIolO\IEO
t
EXHIBIT A
TREE LEGE~D
Ii!
I # I SpeclIl1l I Conwnon RWlIII . QW1k d.am ISPecimen Irefl?l Action
.01 Quercus Bgrilofia .coallvtl oak 23 Yes SIve
02 Quercus Iobata "Y1IIIey DIIk 12.8 Y.... &va
~~.=='. :.--. .:t::F'._.: .". ::.-. ~:J-~'.~'-~-':"-: _.:-e:. . .=~~~8ni~
~. ':i~~~~~: :~.: .~~-~~. .: .~~ .::.. n "1~~". .. .-.. .~.~.y~ Sare .
\I\l .Q~ agrIloli.. coast. I!". ~k "8,7 N~. Save
W Quercus agrlIoIe coast lNe ""'k 12 Yes SavIo
08 Quercus agrifaJe .CCllI$l Ove D:ilk '4.6 No SavIo
ci9 O,w;;.:,s'..g;w.;j,.'.' --a.;iitj-,;,.-Oak"......._.. .it.S.' ...yis.. ..~~R~moY*
;0. ~ ;gria&~ .. ~.iV~ Q.;k ' .. .. .~_i, 6.6 .. NO' Save
11 auen:.;.llQllfclla c:oast'~'~ 7.6 No Sava
12 auen:us EglifaI. oaas1llva oak 11.6 .YN SavIo
13 Quercus aorirolia coaSt Ilva DIIIr. 6.9. 7 No Ramove
104 'ci.;...a,.. ~ . a.Ht nv. o,;ii . 7.3,.6. 1 No Rainove
.15 ~8gniOU8 coasi~D.;,k -4 No Remo...
18. CltJ.!lra!s "9'1'~ .. .. ~ Dv8 Dl!~. 6:5.11) 2 ~ No .Re~
17 aullOOll agrifolio coulllva oat .17 Yes SaYa
- 18 QuaraJS agrIlolio ~lolllve oak 20.2 Yes DebalableI R...".,.... .
10 JugIan. caJ1fomica tOndsll N. Call. bIeck WItInlA 20.7 No Remove
20 '6~~rO..s'~ -. .Coast.live.O'k.... 5.3 No RslllOVtl
2'1 .. Pin~i3dh.LI" . -- "-'~i~.. -. 9,2". No Rernova
22 Pinul radI"'" lIlonlenty plno -19 No Rlrnove
23 Pinus - Momny pine -111 No R!lI1DVll
:/4 OU6ICUS a;riI'ola coaslllva aak 7,9 No Romove
25 Pinus...dlata MDl1Ierey pine 1rA No Remove
2B f'ir,;. ''''dl81l1 MonIerey pbo -19 No R9ITlDVIi
Xl ~80rfDle coast Jive oak t4.4 Yes R~
.28 0uercuI ..grllDVa CO.M live oak 21,04 Yes R_
2ll OUBraJs agrifolia COlIs! Jive oalc 11.8 Ves Remove
3D Quercus agnfolia ClOQ\ Jive oak 11, 8.2 Yes Deb81abIe
31 OUlllQJS agrifolio COIISl Dve oak 8.8 ~Jo Remove
32 Quercus sgnfoJa coasl ive oak 8, 10,5 Yes Rarnove
33 Quercus Ilgrfola coast.... oak -9 No R""""'"
34 Querc:us 89rifola co8S\ lYe DIIIr. "6..9,4,8 No RetncMl
35 O.-cu& agrfollll co8S\ IIva DIIIr. 13.2 Yes D..'baleblol Remove
36 Ouen:lIugriol"l8 coe\ lNe eak 10.2, 142 YeI Oebl.~ Re<mve
'S1 Quercus egrfolla & Q.1lmc _1IVa oak + holy oat '11.7 & (22 g 2 ft) Vel Remo..
3B Diospyros sp, persimmon 5,1, 4.9 No Ramove
SO Ouen:ua 1Iex hoUy ollk 9, 6.8 No Debatable
040 Quen:Us agrilola coast IvtI oak 7.1 No Save
41 auan:u. llex hoHy oak . 8,1 No Debalable
42 Cuerc:us agrfolbl coast live oak 14.5, 14.9,18 'Yll.I RemOlOl
43 Quercus 8llrifo&. ooaiUv8 oak 9.7 No Debatable
..
i
Ar-P'ROVAL 0\-1""-0, , \0-6\-0\
~ ,,~~."""Ioc P!walo4r I
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t..._...t........... r. ".r. ..!.-"(\l
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. ~~
S'~~~~!'(;. I!~/b?.c-"'Y/-;:/
CJ~~ ";:H:I~C'r
PROPOSED LAND USE: RESIDENTIAL
I
L._.,.__~__.,~_
SOURCE OF CONTOUR:
TOPOGRAPHIC FIELD SURVEY BY NELSEN ENGINEERING
SOILS ENGINEER:
PACIFIC GEOTECHNICAL ENGINEERING
16055-0 CAPUTO DRIVE, MORGAN HILL, CAUFORNIA 95037
460
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t To be retained but removed
"* To be removed but retained
:@ To be retained/studied per COA but removed
o Retained per COA
o To be transplanted
. Fruit Trees
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---; . - .......,~
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36 oak trees on Moxley property
(specimen and non-specimen)
21 oak trees to be saved
12 specimen (> 10" diameter)
Trees 1,2,5, 7, 9, 12, 17, 18,30,
35,36,42
2 specimen trees
removed that should
have been saved
Trees 30, 42
Exhibit C
15 oak trees to be removed
9 non-specimen (<10"
diameter)
Trees 4, 6,8, 10, 11,39,40,41
4:1
1 non-specimen tree
removed that should
have been saved
T rf'f' 4
3 trees need to be replaced:
Lot 1 replaced Tree 42.
Lot 2 must replace Tree 30.
Lot 3 replaced Tree 4.
6 specimen
Trees 3,27,28, 29, 32, 37
4 trees need to be replaced
with 36" box trees:
Lot 1 planted 2 trees.
Lot 2 needs to plant 4 trees.
(Lot 3 did not remove Tree 3)
9 non-specimen
13, 14, 15, 16,20,24,
31,33,34
No replacements
needed
Lot 2 needs to replace 4
trees.
5 oak trees need to be
replaced:
Lot 2 = 5 trees
Ciddy Wordell
Exhibit F.
From:
Sent:
To:
Subject:
Moxley, Bret@epamail.epa,gov
Tuesday, October 16,200712:10 pM
Ciddy Wordell; ciddywordell@yahoo,com
Request deferment of City Council agenda item #20, October 16, 2007
Dear Ciddy:
I received your Fed Ex package on Friday October 12, 2007 containing the
notification of the City Council review (October 16, 2007) of tree
protection and improvements at my former property on Lindy Lane.
I would like to be able to attend this meeting, but am unable due to a
substantial work obligation. I do not for see any conflicts with my
attendance at a subsequent City Council meeting. Consequently I request
the deferment of this agenda item until the next meeting which I will
gladly attend. If there is someone else that this request should be
directed to please let me know as soon as you can. .
Additionally, I had previously m~de arrangements with the current owner
of Loti 2 for the placement of 5 each 36" oak box trees in locations
that will not conflict with their intended house plans. I will plant
these trees in the next two weeks, prior to the next Council meeting.
Moreover there is a water meter at the property and thus the ability to
provide any necessary irrigation water to these trees.
Thank you for your assistance in this matter.
3incerely,
Bret Moxley
1 e - 29
1
Ciddy Wordell
Exhibit F
From:
Sent:
To:
Subject:
Moxley, Bret@epamail.epa.gov
Tuesday, October 16,200712:10 PM
Ciddy Wordell; ciddywordell@yahoo.com
Request deferment of City Council agenda item #20, October 16. 2007
Dear Ciddy:
I received your Fed Ex package on Friday October 12, 2007 containing the
notification of the City Council review (October 16, 2007) of tree
protection and improvements at my former property on Lindy Lane.
I would like to be able to attend this meeting, but am unable due to a
substantial work obligation. I do not for see any conflicts with my
attendance at a subsequent City Council meeting. Consequently I request
the deferment of this agenda item until the next meeting which I will
gladly attend. If there is someone else that this request should be
directed to please let me know as soon as you can. .
Additionally, I had previously m~de arrangements with the current owner
of Loti 2 for the placement of 5 each 36" oak box trees in locations
that will not conflict with their intended house plans. I will plant
these trees 'in the next two weeks, prior to the next Council meeting.
Moreover there is a water meter at the property and thus the ability to
provide any necessary irrigation water to these trees.
Thank you for your assistance in this matter.
3incerely,
Bret Moxley
18 - 29
1