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PC Summary 08-08-06 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members From: Steve Piasecki, Director of Community Development Date: August 9, 2006 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE August 8, 2006 Chapter 19.32 of the Cupertino Municipal code provides for a eal of decisions made b the Plannin Commission 1. Application TR-2006-12; John Knopp, 21925 Lindy Lane Description Approving the removal of two eucalyptus trees protected as part of a Tentative Map (TM -2005-03) Action The Planning Commission approved the application on a 3 - 0 vote. The ten-calendar day appeal will expire on August 18, 2006. Enclosures: Planning Commission Report of August 8, 2006 Planning Commission Resolution No. 6408 g:planning/Post Hearing/summary to cc080806 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: TR-2006-12 Agenda Date: Applicant: John R. Knopp Property Owner: John & Karen Knopp Property Location: 21925 Lindy Lane Environmental Review: Categorically Exempt August 8, 2006 Application Summary: Tree Removal or two eucalyptus trees protected as part of a tentative map approval (TM-2005-03) RECOMMENDATION: Staff recommends approval of the Tree Removal (TR-2006-12) in accordance with the model resolution. BACKGROUND: In July 2005, the Planning Commission approved the subdivision of a one-acre parcel on Lindy Lane into two lots. 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. (See Exhibit B for photographs taken by code enforcement staff.) 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. 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 I. Price (see Exhibit C). 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 have applied for this tree removal permit and are willing to replace the two trees. 3 --I TR-2006-12 2 The City Council received a report on this matter on June 20,2006 and directed the Planning Commission to replace the trees in the same location as those removed (see Exhibit D for City Council minutes). DISCUSSION: The aerial of the property shown below highlights the slope easement in orange, which precludes development, and the future building area outlined in green. The red arrow shows the approximate area of the tree removal on Lot 2. The City Council and Planning Commission have expressed interest in significant replacement trees for trees removed without prior approval. Staff believes that two large oak trees should replace the two removed eucalyptus trees. .2> ,.- ;( TR-2006-12 3 Staff recommends that the tree size be a field grown oak tree, with a minimum height of 15 feet. A similar tree was planted in the "Sterling Square" development across from City Hall to replace a dead oak tree. It is between 15 and 20 feet tall (see Exhibit E). The property owner stated that it is a field grown tree, which cost approximately $20,000 to purchase and transport and $1,000 to plant. Staff received a price list from a different source; their largest tree (25 feet and up) is $9,000 and up, depending on the specimen. Lot 2 has limitations on areas for replanting due to existing trees and the future building area. One location could be in the approximate area of the tree removal. The other location may need to be on Lot 1. Staff recommends that the exact locations be determined by staff, as reflected in the conditions of approval. Submitted by: Ciddy Wordell, City Planner Approved by: Steve Piasecki, Director of Community Development Enclosures: Model Resolution Exhibit A: Tentative Map Approval Exhibit B: Photographs of tree removal Exhibit C: Letter from Harry I Price, Attorney at Law Exhibit D: City Council Minutes, June 20, 2006 Exhibit E: Photograph of field grown oak Exhibit F: Email from Luciano and Cristina DaIle Ore Prepared by: Ciddy Wordell, City Planner ~, Approved by: Steve Piasecki, Director of Community DevelopmenG~'-"'- __ G:planningj pdreportj pcTRreports j 2006TRreports j TR-2006-12 3.-3 TR-2006-12 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL OF TWO EUCALYPTUS TREES PROTECTED AS PART OF A TENTATIVE MAP APPROVAL (TM-2005-03) AT 21925 LINDY LANE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2006-12 John Knopp 21925 Lindy Lane SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to approve the removal of two (2) eucalyptus trees; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and 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 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-2006-12, as set forth in the Minutes of the Planning Commission Meeting of July 25, 2006 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROV AL ACTION Approval is for two previously-removed eucalyptus trees near the residential driveway. '?:J -if Resolution Page 2 TR-2006-12 July 25, 2006 2. TREE REPLACEMENT Two field-grown oak trees with a minimum height of approximately 15 feet shall be planted as close to the area of the removed trees as possible, to be determined by the Director of Community Development. The trees shall be planted within 60 days of this approval date, unless circumstances prevent replanting within 60 days, such as availability of trees or weather conditions, as determined by the Director of Community Development. 3. TREE COVENANT A covenant shall be recorded that identifies the replacement trees as protected trees, the covenant to be reviewed by the Director of Community Development. 4. 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 25th day of July 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chairperson Cupertino Planning Commission G: \ Planning \ PDREPORT\ RES\2006\ TR-2006-12 res.doc f3~ & CITY@F CUPERJINO Exhibit A 10300TotreA.vertue Cupertino, CA95014 . (408).7.77-3308 .fAX(4Q8) .777~3333 Community Deve leipl11el1t. Deptirtmen t July 29,2005 Bret Moxley 30 Carolina Avenue Sa11 Anselmo, CA 94960 SUBJECT: PLANNING COMMISSION ActION LETTER-- TM-2005-03 This letter confirms the decision of the Planning CommisSIon, given at the meetil1g 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 anR,1-20 zoning district, located. at 21925 Lib,dy Lane, according to Planning Commission Resolution No. 6313. Please be aware that the resolutionc:alls for. modifications that are not present in your tentative map submittal, apd thatiftheTentative Map perrnit.is not used within.a three-year period, itshallexpire on July 26,2008. Also, please note that an appeal of this decision can be made within 10 calendar days fromthe date. of this letter. Ifthislwppens, yOu will be notified oIa public hearing, which will be scheduled before the City Council. Sincerely, G-& ColinJun Senior Planner Cc : JOlu\I<liOpP, 21925 Lindy LilJ,1ej' C4pertin.o,CA 95014 G: \ Planning \ Post Hearing \Actioll Letters \ actio.T'lletter tm20050$.doc 6-0 TM-2005-03 CITY c5FCUPERTINO 10300Torre Avenue Cupertino, California 95014 RESOLU110N NO. 6313 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENT A TIVE MAP TO SUBDIVIDE A 1.0 ACRE PARCEL INTO TWO LOTSOF ABOUT 20,000 SQUARE FEETEACH IN SIZE IN AN R1-20 ZONING DISTRICT .AT.21925 LINDY LANE SECTION I: PROmeT DFSCRIPTION 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 Tentqtive Subdivision Map as described in Section lof this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the<::ity of Cupertino, and the Planning Commission has held at least one public hearirtg in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the followingreqllirements: a~ that the proposed. subqivision.rnap is consistent with the City of Cupertino General Plan. b) thatthedesigrt and imp:rovements of the proposed subdivisiOn are .consisteht with the Geheral FICl11. c~ That the site is.physicaHy suitable for the type and intensity of development contemplatedu.i1der the approved subdivision. d~ that the designoE the subdivision or the. proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure rish.and wildlife or their habitat. e~ That the designs of the subdivision or the type of .impr~vernents associated therewith are not likely to cause serious public health problems. 3/'1 Resolution No. 6313 Page 2 TM-2005-03 July 26, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration, of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-200S';03 for a Tentative Map is hereby approved su.bject to the conditions Which ate 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 THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVEDEXHIBITS Approved is based on the tentative, map entitled "TENT ATIVE MAP; LANDS OF KNOPP, 21925 LINDY LANE, CUPERTINO, CA" by Nelsen Engineering, dated May 2005, and consisting of one sheet labeled 1. 2. FUTURE BUILDING AREA The applicant/owner shall submit a revi$ed 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 from the natural grade) shall be constructed ,on the project site. 3. SLOPE EASEMENT The applicant! owner shall submit a revised tentative map clearly delineating the required slope easement to closely reflect the illustrations , included 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 precI?ding 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,tobe removed as part of the , tentative: ,roapapproYal.Thetree protection measUl:eso?t1ined in ,the. City Ai'p,orist'S,reRortcta,ted June 29, 2005 shall be conditions of this project. Prior to. the iSSUance ,:of.. grading. :iU1dbuildingpermits, the City Arborist sh~ll COnfirn:l the, implementation of the, tree"protection measures. Prior to the final occupancy; the City Arborist shall confirm that the protected trees have been preserved ,and survived the cOnstruct jon, activities. . In the event that any protected trees, must be .rerrioved due to .reasons. deemed appropriate by the Co.mmtinity Development Director, then comparable diameter replacement. tree(s) must be planted at the same location or locations visible to the public. 3.,8 Resolution No. 6313 Page 3 TM-2005-03 July 26, 2005 Prior to Hnal Il1apapproval, .~ co~enantshal1 be recorded. on theproperty, notifying future property ownersoffue J,dnds ~nd numbers of .specilnentrees protected by City Ordinance~nd the :i:equjrernent fora tree rernoval permit for these trees. The covenantshall berevjewed a.nd~ppr()veci by the.C:ity 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. CONSTRUCTIONiMANAGEMENT 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 . Tree protection . Construction hours and limits . C::OhStructiOn vehi,cle ~ndtruck routes . bust a.nderosion control . Garbage and debris container location and pick up schedule . Signageadvising contractors of the restrictions In addition to the construction management plan described above, the following additional construction activity limitations apply: . No gradin,g is aI10Wed dtttirlg the rainy season - October through April. . On Saturciays, grading,),treel construction, demolition, underground utility workandotherc(')nstrl1ctiqn.work that directly. involves motorized vehicular equipment .al'e,proNbited. . on Sundays, cClIlStructio.n is prohibited. 8. IJEVELOPMENTSTANlJARlJS The project and future developments .shall adi1ereto the RHS Ordinance. or the Rl Ordinance whichever specific regulation in eacn ordinance.i.smore restrictive. 9. NOTICE OFFEES,DEDICATIONS,RESERVATIONS OROTHEREXACTIONS the.. Conditions. ofProjectApproval,setfortl1..hereinmay include certain fees, dedicationrequiremepts,. .reservationrequirernents, . and. o.tl1erexactions. y Pursuant to Government Code Section 66020(d) (1), thes~ c::onditions cons.titutewritten notice 9~ Resolution No. 6313 Page4 TM-2005-03 July 26, 2005 ofa statem~nt.ofthe amount of such fees" and a description of the dedications, reservations, a1).d other e"flctions. You are hereby further notif.. ~ ied that 'the 90-day approval period in whi<;hyou may protest these fees, declications, reservations, and other exactions, pursuantto 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 perrn.its, a detailed. geotechnical, d. esign-level in.v.es.tig... .a.. ti..on.sh.. all be. .... pe.r.f..o. r..m........ e..d.in. ...a... .....ccO.I'd..a.. nc. e w... .1."th..... the recommendations outlined in a letter from CottonShires & Associates to Colin Jung,Cupertino City Planner dated June 29, 2()05. 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 eaSementsnallnot be subtracted from the lot area to calculate net lot size. SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 12. STREET WIDEN1NG Street widening, .in'lprovements and dedi<;ations' shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 13. CURB AND GUTIERIMPROVEMENTS Curbs and gutterS, sidewalks and related structures shall be installed In accordance with grades and standards as specified by the City Engineer. 14. STREEt.LIGB'rING INSTALLATlbN Street lighting shall be. instaIledand shallbe as approved by the. City Engineer. Li~hting' fj)(ture~;'ShaU be positioned so as to . preclude glare. and. . other forms. of visual interferenqetoadjoir\ingproperties,and shall be no higher thartthe maxiIllurnheightpermittecl'bY thezo.ne inwNch the site is located. 15. FIRE HYDRANT Firehydi'a.ntsshatl be locatedas.requiredby the City Engineer, 16. TRAFFIC SIGNS Trafficcon.trol signs shall be'placed at locations specified by the City, as required. 17. STREET TREES StI;eettrees .shall.beplanted.'Witl1in the Public Right of ~ay and shaU.be o.f a type C;l.pprovedby the City in.aqcordance with OtdinanceNo.",l25. ?rt () Resolution No. 6313 Page 5 TM-2005-03 July 26,2005 18. GRADING Grading. shall be as. approved and required by the City Engineer .1n . accordance withCl:lapter 16.08qf th~ Cgpe):'tiIloMunicipal Code, 401 Cettificcitionsand 404 permitsma.yberequired. Pl~a,$ecoIltacf Army Corp of Engineers and/or Regional Water Quality Control Board asapprqpriate. . . 19. DRAINAGE Drainageshallbe provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-l, R-2andR-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 storm drainage system. If City storm.drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 20. FIREPROTECTION 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 u.tility providers for installation of underground utility devices. The developer sha,ll 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 shallenter into a develoPlllent agreelllent witll the City of Cupertino providing for payment of fees, inc1udin?but not JiInited to checking and . inspection fees, storm drain fees,parkdedieation fees and fees for undergroundingof utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fe.es: b.. Grading Permit:. c,PevelopII1ent. Maintert(;lrtce Deposit:. d, Storm Drainage Fee: e.. Power .cost. f. Map Checking Fees: g. Park Fees: $ 5.% of Off-Site Improvement Cost or $2,130.00 miIlimum $ 5 %. of Site Improvement Cost $~,OOO.O() $1,293.87 N/A $ 2,000.00 $ 15,750.00 Bonds: '~il Resolution No. 6313 Page.6 TM-2005-03 July 26, 2005 a. Faithful l?erfo:rrnance Bonc:i: 100% of Off;-siteand On-site Improvements. b. Labor & Material Bond: 100% of Off..site.andOn:-site Imptovement 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 orchangesi the fees changed at that time will reflect the then current fee schedule~ 23. TRANSFOJlMERS 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 developershall dedicatetothe City all waterlines and appurtenances installed to City Standards a,nd shall rea(:h an agreement with San Jose Water for water service to thesubjecl development. 25. BEST MANAGEMENTPRACnCES 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, ata 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: ATTEST: APPROVED: 151 Steve Piasecki Steve Piasecki . Director of Comtnl1tUty Development Is} Gilbert.Wong Gilbert Wong, Chairperson Cupertino Pla11I1iIlg CoI1i.Irtission g:jplartftifLg/pdreportjresffM-2005-03 res.doc 31~ N . EllP. 9{05 10 l!l) 257~6fl21 a ',1.0 AC} ~x TRleT 0rastlJrtiJ.~:1H)$ _.lIIU1U ,PStMJfT' 4EI..SUI' DlGINttRlNG (J:l -l. 0.} 46 AC,) HET 48 AC.) 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C/ LEGEND ~,---,---,----_.__.._._-_.._- tt[WLOTlJN( _ - - - - - - PROPER" l.'NE - - _CEtiTEfUJN(Of'R,;:>OocrWA.Y a... a... o z ~ 1.1.. o en o z 5~ .:5 . a... <( <:>-0 ~o . wZO >-lZ .1= I- ......1.00::: ~NW zmQ.. w'-:;) I-NU 1)0\<< "'-'AT 1.ooS IXd., I".ZO' ,....: CAD Job: 11~_'1 S;;;;; " 1. 51,"" Rl\..~EIVED JUN 1 2 2006 Exhibit C 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 L~e, Cupertino, CA 95014 Dear Ms. Worden: 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 the report confirmation is attached. My clients have further authorized me to pursu~ 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 3 -I to PRICE Law Firm Attorneys at Law Ms. CiddyWordell 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 1/ 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 corne 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, PRI<:E~. W FIRM /Yp- ~, --<J ~ Harry I. P e IDP /mj encl. cc: clients 3 -1'7 June 20, 2006 Cupertino City Council Exhibit 0 in-li{:u fee waivers). Staff will bring back a report on suggested distribution of this fundili~; 4) TV public engagement program - $25,000; 5) fine arts grants - $2,500; and 6) dele earthquake insurance - $100,000. Motion carried with Mayor Lowenthal voting no. Sandoval/M-ahoney moved and seconded to approve the following: 1) Stocklmeir preservation 'budget - $50,000; 2) community hall automatic door - $45,000; and 3) service club l~p1berships - $2,500. The motion carried with Council member Kwok voting no. \ \ KwoklLowenthal m~ed and seconded to fund the North Area Valleo Concept Study for $100,000. The motiOl\carried with Vice Mayor Wang and Councilmember Mahoney voting no. \ SandovallKwok moved an~econded to allocate $2,000 for the 211 service. It was left to staffs discretion to determin if this amount could be obtained from the Community Development Block Grant fun S, The motion carried unanimously. \ \ Sandoval/Kwok moved and sec ded to a) grant a negative declaration; b) adopt resolution establishing an operatI. g and capital budget for fiscal year 2006-07, Resolution No. 06-118 as amended b Council; and c) adopt a resolution establishing an appropriation limit for fiscal year 200 07, Resolution No. 06-119. The motion carried unanimously. Item 20 was moved forward on the agenda 20. Receive a report regarding tree removal on the Knopp property. Community Development Director Steve Piasecki reported that in May 2006 Code Enforcement advised Mr. Knopp of the illegal removal of two trees on his property. Mr. Knopp advised the city that the trees had been removed illegally by someone else and he had filed a police report. In June Mr., Knopp filed an application for tree removal. Mr. Piasecki noted that removal of trees was inconsistent with the approval given for Mr. Knopp's subdivision and no final map will be approved until the tree issue is resolved. This report tonight was for Council's information only. No action was required. This matter was scheduled for a July meeting ofthe Planning Commission. Mr. John Knopp reiterated he had filed a police report and fully expected to be reimbursed by the person who removed these trees for all costs related to this situation. On a related subject, Mr. Knopp asked for respect of his private property. While of course emergency vehicles had access he did not believe city staff or neighbors or Planning Commissioners had the right to go on his property uninvited. Jennifer Griffin stated that she was distressed at the removal of these trees and it was a situation that seemed to be happening repeatedly in the city. She urged Council to protect trees of significance in the community. 31'0 June 20,2006 Cupertino City Council Page 11 Council accepted this status report and, while making no decision on the matter, did direct the Planning Commission to see that these trees were replaced in the same location and not elsewhere on the property. -----------........~,._~_._.__.~--_.y-.-.~.....-._'_.---~~...,.~...-.""""'-,"_._,_.._,,-..._-~ ,,-,,"'-'--""-'~-'-"~""" 17. Review~'ds and award contract for the 2006 Annual Overlay, Project No. 2006-9450 to O'Grady aving, Inc., in the amount of $697,701.00, and approve a construction contingenc of $69,799.00 to cover any unforeseen work required to complete the project, for a 'Dtalof$767,500.00. Sandoval/Kwok haoved and seconded award the contract to O'Grady Paving, Inc. The motion carried una'nimously. 18. Review bids and awar contract for Pavement Restoration, Project No. 2006-02 to G. Bortolotto & Co. Inc., 'n the amount of $127,806.00 and approve a construction contingency of $32,194.0 to cover any unforeseen work required to complete the project, for a total of$160,00 .00. 16. Sandoval/Kwok moved and seco ded to award the contract to G. Bortolotto & Co., Inc. The motion carried unanimously. Adopt a resolution authorizing the ~Manager to negotiate and execute an agreement between the Cities of Cupertino and S~Jose for the Overlay of Stem A venue between Stevens Creek Boulevard and approximafe.ly 340 Linear Feet South of Stevens Creek Boulevard, Resolution No. 06-121. \ '\ Sandoval/Kwok moved and seconded to adopt. Resolution No. 06-121. The motion carried unanimously. \\ '\ '\ \ \. \ Certification of the Initial Study/Mitigated Negative Decl~ation (IS/MND) for the Stevens Creek Corridor Proiect (SCCP). \\ Council members raised several issues that they wanted to address ~future discussions on this project, including: reduction of garden plots; no buses at San Fer.nando entrance once trail is open at both ends; the San Fernando entrance should be close~ cars for the remaining 256 days; consider encouraging more equitable use of park by residents and non-residents; serious penalties for dogs off leash; keep the bridge at Sc6n\.c Drive; consider not moving the creek by the Stocklmeir house and putting the trail on'th\e west side as close to the creek as possible; keep one of the volley ball courts outside of the pay area as well as the softball fields; have a bus pull out at McClellan; consider parking options; require a permit and deposit for alcohol use; and reduce the amount of orchard to be removed. No action was taken on these items, Council members also asked that staff return for further discussion on whether to change plans regarding the Blackberry Farm pIcmc use. 19. NEW BUSINESS - continued City Council resumed the discussion on item No. 16. 3-1q Ciddy Wordell Exhibit F From: Kiersa Witt on behalf of City of Cupertino Planning Dept. Sent: Tuesday, July 18, 2006 9:55 AM To: Ciddy Wordell Cc: Colin Jung Subject: FW: Comments for Application No. TR-2006-12/John Knopp for July 25 Hearing -----Original Message-uu From: Luciano Daile Ore [mailto:ldalleore@hotmail.com] sent: Tuesday, July 18, 2006 6:12 AM To: City of Cupertino Planning Dept. Cc: John Knopp 'Subject: Comments for Application No. TR-2006-12/John Knopp for July 25 Hearing To the Cupertino Planning Commission: We live near the property in question (22101 Lindy Lane, at the end of the private drive which starts near Mr. Knopp's propertly). We have no problem with the removal of the eucalyptus trees as stated in the hearing notice as they are not native species, and are flammable (see http://en.wikioedia.org/wiki/Eucalyotus) Best regards Luciano & Cristina Daile Ore 22101 Lindy Lane Cupertino, CA 95014 H 408 257 9115 o 408 962 4804 7/18/06 3--91 TR-2006-12 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6408 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE REMOVAL OF TWO EUCALYPTUS TREES PROTECTED AS PART OF A TENTATIVE MAP APPROVAL (TM-2005-03) AT 21925 LINDY LANE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2006-12 John Knopp 21925 Lindy Lane SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to approve the removal of two (2) eucalyptus trees; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and 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 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-2006-12, as set forth in the Minutes of the Planning Commission Meeting of August 8,2006 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROV At ACTION Approval is for two previously-removed eucalyptus trees near the residential driveway. Resolution No. 6408 Page 2 TR-2006-12 August 8,2006 2. TREE REPLACEMENT Two field-grown oak trees with a minimum height of approximately 15 feet shall be planted as close to the area of the removed trees as possible, to be determined by the Director of Community Development. An additional tree shall be planted in the same location as the removed trees to replace the landscape screening lost as a result of the tree removal. The trees shall be planted within 60 days of this approval date, unless circumstances prevent replanting within 60 days, such as availability of trees or weather conditions, as determined by the Director of Community Development. 3. TREE COVENANT A covenant shall be recorded that identifies the replacement trees as protected trees, the covenant to be reviewed by the Director of Community Development. 4. 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 8th day of August 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: Chairperson Miller, Saadati, Wong COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: Vice Chair Giefer, Chien ATTEST: APPROVED: /s/Ciddy Wordell Ciddy Wordell City Planner Is/Marty Miller Marty Miller, Chairperson Cupertino Planning Commission G:\ Plamzing\ PDREPORT\ RES \ 2006 \ TR-2006-12 res.doc