TR-2002-04b
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (40S) 777-3333
Community Development Department
CITY OF
CUPEI\TINO
July 10, 2002
Mr. Shabbir N omanbhoy
11254 Mt. Crest Place
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2002-04
This letter confirms the decision of the Planning Commission, given at the meeting on
July S, 2002, approving a tree removal permit to allow the past trimming of two Coast
Live Oak trees located at 11255 Mt. Crest Place, according to Planning Commission
Resolution No. 6139.
Please note that an appeal of this decision can be made within 14 calendar days. If this
happens, you will be notified of a public hearing that will be scheduled before the City
Council.
Please pay particular attention to the Conditions in the enclosed Resolution. The
following is a synopsis of the conditions for your reference:
Condition 1: The approval was to permit, after the fact, the trimming of the two trees
labeled as A and B on the approved plan set. Two 36" box replacement oaks must be
planted at the locations noted by D and E on the plan set by Mr. Nomanbhoy.
Condition 2: The Planning Commission decided that Trees A and B should be given a
chance to recover from the excessive trimming. The two trees may not be cut down;
they must be retained.
Condition 3: This condition is relatively straightforward.
Printed on Recycled Paper
Condition 4: To inform future property owners that the trees in question are to be
retained and protected, Ms. Ng must place a covenant on her property. The language
of the covenant will be provided by the City once the replacement trees are planted.
The covenant will be recorded at the County Recorders Office. This is a standard City
policy for all discretionary actions. Ms. Ng should contact me at (408) 777-3313 to discuss
th,e covenant requirement.
Condition 5: This condition was added by the Planning Commission at the hearing.
The condition attempts to address a potential situation where Trees A and B do decline
in health and/ or die. Based on the court settlement, Mr. Nomanbhoy was to pay for the
removal. Therefore, Mr. Nomanbhoy must enter into a bonded agreement to provide
$1,795 for the potential future removal of trees A and B, should they die in the near
future. Mr. Nomanbhoy should contact me at (408) 777-3313 to discuss the bonded agreement.
The bond amount is drawn from the estimate for the removal of the two trees, which
was provided to the City by Mr. Nomanbhoy. The bond language will allow Ms. Ng to
use the bonded money to completely remove the trees. In order to completely remove
the trees A and B, Ms. Ng must provide City staff will sufficient evidence that the tree is
in "failing health" or has a "high likelihood for limb/trunk failure." If the trees
continue to survive after two more years, the unused bond will be returned to Mr.
Nomanbhoy.
Sincerely, i1 ' ~ !
Rk~'
Peter Gilli
Associate Planner
Cc: Mr. Ed Lundgren, 1167 Plum Avenue, Sunnyvale 94087
Mrs. Charlotte McDonald, 1167 Plum Avenue, Sunnyvale 940S7
Ms. Karen Ng, 11255 Mt. Crest Place, Cupertino 95014
g :/plann in g/post Irearing/actionletterTR -2002 -02
2
TR-2002-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6139
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO TRIM MORE THAN 25% OF THE CANOPY OF TWO COAST LIVE
OAK TREES AND PLANT TWO 36-INCH COAST LIVE OAK TREES ON THE
PROPERTY.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TR-2002-04
Shabbir Nomanbhoy
10255 Mt. Crest Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove two Coast Live Oaks tree and replace them with other trees, as described in
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support partial
removal of the two trees and has satisfied the following requirements:
1) The trimming of more than 25 % of the tree canopy meets the Municipal Code
definition of removal.
2) The proposed mitigation is sufficient to offset the trimming of more than 25% of the
tree canopies.
WHEREAS, the applicant has not met the burden of proof required to support complete
removal of the two trees and has not satisfied the following requirements:
3) The oak trees do not appear to be in poor health and unsuitable for retention.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, factsl exhibits, testimony and other evidence
submitted in this matter, application for Tree Removal is hereby approved; and
Resolution No. 6139
Page 2
TR-2002-04
07/0S/02
That the subconc1usions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application TR-2002-04, as set forth in the Minutes of the Planning Commission
Meeting of July 8, 2002 are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT,
1. APPROVAL ACTION
Trimming of more than 25% of the canopy of two Coast Live Oak trees, noted as
Tree A and B on the marked up site plan entitled Driveway Location Plan 11254
Mount Crest Place by Giuliani & Kull, Inc. dated November 19, 2001, is hereby
approved. Two Coast Live Oak, 36-inch box trees shall be planted as replacements,
noted as Trees D and E on the marked up site plan.
2. RETENTION OF TRIMMED TREES
The remaining sections of the two Coast Live Oak trees, noted as Tree A and B on
the marked up site plan entitled Driveway Location Plan 11254 Mount Crest Place
by Giuliani & KuR Inc. dated November 19, 200t shall be retained.
3. CERTIFICATION
The installation of the replacement trees shall be supervised by an International
Certified Arborist. The arborist shall provide documentation to the owner of the
subject site that describes the maintenance of these trees. The arborist shall provide
a letter to the Community Development Department certifying that the trees have
been planted as shown on the plan set and that the instructional materials have been
submitted to the owner.
4. COVENANT TO RETAIN TREES
The property owner shall record a covenant on this property requiring the retention
of the trimmed oaks and the replacement trees. The precise language will be subject
to approval by the Director of Community Development. Proof of recordation must
be submitted to the Community Development Department.
5. FUTURE REMOVAL OF TREES
The property owner may request approval for the complete removal of Trees A and
B by providing evidence of the tl"ees failing health or high likelihood for limb/trunk
failure to the satisfaction of the Director of Community Development. The
applicant shall provide a $1,795 bond to the Community Development Department,
to be made available to the property owner to remove Trees A and B. If this bond is
not used within two years of this approval, the bond will be returned to the
applicant and this condition will be void.
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