Director's Report
10300 Torre Avenue
Cupertino. CA 95014
(408) 777-3308
FAX (408) 777-3333
CITYOF
CUPEIUINO
Community Development Department
SUMMARY
AGENDA NO.
AGENDA DATE June 20. 2006
Application:
Applicant:
Property Owner:
Property Location:
TR-2006-07
Anthony Christen
Alan Firenzi. for the Firenz Trust
19900 Stevens Creek Boulevard
SUBJECT:
Consider an appeal of the Planning Commission's decision to approve Application No.
TR-2006-07, regarding the removal and replacement of:
1) One, approximately 36" diameter, Coastal Redwood on the east side of the
building (retroactive approval),
2) Twelve (16.4" to 22" diameter) Canary Island Pine~ on the west side of the
building (retroactive approval for seven pines previously topped).
The 36" aiameter Coastal Redwood will be replaced by a 36" boxed Coastal Redwood,
and the twelve Canary Island pins will be replaced by 24" boxed Coastal Rewoods.
RECO:MMENDATION:
The City Council may take either of the following actions:
1. Uphold the appeal of TR-2006-07 and approve (or modify) the applicants' tree
removal request;
2. Deny the appeal and uphold the Planning Commission's decision to allow the
removal of the trees.
BACKGROUND:
On May 9, 2006, on a 4-1 vote (Chien no), the Planning Commission approved and
modified a tree removal request submitted by Anthony Christen on behalf of the
property owner, Firenzi Trust, whose building is currently tenanted with Scandinavian
Design Furniture (Exhibit A-I, B-1). The decision was subsequently appealed by Vice-
Mayor Kris Wang who stated in her appeal: "That the trees were removed after the fact
without penalty (Exhibit C-l)."
Pl~'''''rfp.::i 00' R~~t:.vclB;;i PEl::3r
Ptt< ~~
TR-2006-07 Appeal
Page 2
June 20. 2006
DISCUSSION:
The tree removal permit applicant has filed a letter (Exhibit D-l), stating that the
redwood tree and the topped Canary Island Pines were removed only after verbal
consent was granted by a Service Center employee who indicated the pines and
redwood trees were not a protected species under the tree ordinance. If the applicant
had checked with the Planning Deparbnent instead, he would have been advised that
the trees were part of an approved landscape plan and were protected. Removal or
substantial pruning would require a City-approved tree removal permit. All tree
removal work ceased after work was halted by Code Enforcement staff. Code staff has
confirmed the accuracy of this account and has declined to prosecute the removal.
The applicant filed a tree removal permit application to retroactively approve the past
removal of the Coast Redwood and the topping of seven of the twelve Canary Island
Pines. The application also sought to top the remaining five Canary Island Pines on the
west side of the building. The property owner stated the pruning work was necessary
to control maintenance costs from falling litter and improve safety for Lori Restaurant
customers and their vehicles from falling cones and branches.
The City Arborist reviewed the case and determined that the seven topped pines were
essentially destroyed. The remaining pines were pruned on two different occasions,
removing all of the lower branches. This work has occurred over several years and the
trees are unlikely to regain their former shape.
A majority of the commissioners decided that it was better to allow the removal of all of
the pines along the west side of the building and start with new, uniform landscaping
that was more suitable for the area than to retain the misshapen pines and some new
trees. The May 9th Co111I11iSsion meeting minutes are not available yet.
Enclosures:
Exhibit A-l: Planning Commission Resolution No. 6385
Exhibit B-1: Planning Commission Staff Report dated May 9, 2006
Exhibit C-l: Appeal Form
Exhibit D-l: Letter from Anthony Christen to City Council dated June 11,2006
Prepared by: Colin Jung, Senior Planner
y:
Approved by:
~
t
W:i
David W. Knapp
City Manager
Steve Piasecki
Director of Community Development
G:pIanningj pdreportj appeals/TR~2006-07
tAr<. ,.3
'\
CITY OF
CUPEI{fINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (iQ8) m-3333
Community Development Department
SUMMARY
AGENDA NO.
AGENDA DATE: June 20, 2006
Application Summary: Receive public comments, discuss, and adopt the 2006-
2007 budget
BACKGROUND:
The City Council previously discussed the North Valleo Master Plan budget
item. A budget of $100,000 is proposed for the study. A phased approach was
discussed, so that the City Council could assess progress made and determine
what additional work might be needed. Planning staff agreed to return with
more information on the Work Program and Schedule.
DISCUSSION:
Staff and Planning Conunission Chair Marty Miller have been meeting with
consultant Bruce Liedstrand, former Mountain View City Manager, regarding
approaches to the North Valley Master Plan. Mr. Liedstrand will attend the City
Council meeting to discuss a proposal for the first phase of the study (see Exhibit
A).
The basic approach is to convene a North Valleo Study Committee in a public
setting, to hire an urban designer/facilitator to provide background information
and options to the Study Committee and the public, and to provide a progress
report to the Planning Commission and City Council. A proposed schedule is
included in the proposal.
Enclosures:
Exhibit A: North Valleo Study Area, Phase One Tasks
Prepared by: Ciddy Wordell, City Planner
Approved by:
~
.
Steve Piasecki
Director of Community Development
David W. Knapp
City Manager
-:':', :!.?C1 r';,. ~:=;.: dL:-..':..;.~-:- .... ~"i;-J.:-?l
PiR ,-~
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777 -3333
CommunityDevelopmenroeparnnent
CIty OF
CUPEI\1INO
SUMMARY
AGENDA NO.
AGENDA DATE: June 20, 2006
Application Summary: Report regarding tree removal on the Knopp properly
BACKGROUND:
In July 2005, the Planning COlmnission 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 it specimen treeli
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 irees. Staff also received
a letter from Mr. Knopp's attorney, Harry I. 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.
Print9d on R9Cycled Paper
D{t2 ,- 5
,.
14~&
...
MERCURYNEWS,COM
Most of the world will live
in cities by 2007, U@N. says t
~
t
"
i
L
"
l
!::i
i'il
.,',
"
f
! '
[
1-
'I;
(/')
3:
OJ
Z
"'C
=
:b
0
3: /
~
0
(;)
N
.
~
u.J
:z
::I
..,
;i
Q
0:
;:::l
~
t""
C/"J
~
LU
Z
:;-
0::
==>
<..)
0::
LU
::a;
u.J
V)
0
--,
z:
<C
C/"J
MANY URBANITES
WILL INHABIT SLUMS
Lf\n M~~baniling world
~.li 8y IPm1i~
Knight Ridder
WASHINGTON - For the
first time in human history, the
majority of people will live in
cities next year, according to a
new global population projec-
tion.
But one-third of them -
nearly 1 billion people - will be
stuck in slums, warns a u.N. re-
port released Friday, as cities
replace rural areas as the
world's centers of poverty.
According to the "State of
the World's Cities 2006/7" re-
port from the U.N, Human Set-
tlements Program, which pro-
motes better living conditions,
an estimated 3.17 billion people
live in urban areas this year out
of a total world population of
6.45 billion.
With cities growing and ru-
ral populations shrinking, espe-
cially in Africa and Asia, the re-
port projects a shift in the ur-
ban-iura! balance next year.
Eroding with the shift is the
assumption that urb3n popula-
tions are healthier and better
eft', said Anna Tibaijuka, direc-
tor of the U.N. program.
''Until nov.r, everyohe's auto-
matically presumed that people
in rural areas have suffered a
lot more than the lU'ban poor,"
she said. But the study showed
that urban slum dwellers are at
least as badly off - and often-
times worse - than their nu'al
counterparts.
For the first till1e in world history, more pearle wi!! live In cities than in rur2.l
areas as of ZOO7. Percent of world population living in cities:
2% 30% 47% " 52% 60%
C!) .rI",n_., , .o:~. ;.... .~,-:~,.-.....
" /.. "\ ,..,:A ') J' " ....
t 0 ' . \-5)
} "\_----,," , c-'
1800 1950 2000 2015* 2030*
'projected Sources: U,N.-Habitat BBC KNIGtfT RIDDER
Urbanization in much of Asia, Africa and Latin America
is making life worse because the influx is caused by
failed agriculture instead of increased industrialization.
Urbanization in much of
Asia, Africa and Latin America
is, premature, Tibaijuka said,
because the influx is caused by
failed agriculture instead of in-
creased industrialization. Con-
sequently, people are arriving
in cities where there are no
jobs, she said.
. The report also predicts
that:
~ By 2030, 5 billion of 8 bil-
lion people will live in cities.
The world's fastest-growing
cities are in Asia and Africa, in-
cluding in Lagos, Nigeria and
Delhi, India Currently the least
urbanized continents, they'll be
the most heavily urban by
2030.
~ Most urban growth will be
in cities of 500,000 to 5 million
people.
l!1!l Despite cities' relative
wealth, many slum dweUers
will still die young of treatable
diseases.
1m There will be many more '
cities "With populations of 10
million or more '1y 2020, Most
will be in the developing world.
~ By 2030, more people will l
live in African cities (748 mil- ,
lion) than all of in Europe (685
million).
"The hope is (that condi-
tions) won't get worse:' Tibaiju-
ka said. "You also have to look
at slum prevention - planning
of smaller cities and providing
land for the urban poor."
Poor, hopeless, ineffectively
govemed slums in the develop-
ing world have become breed-
ing grounds for terrorism and
disillusioned fanatics, and
they'll continue to multiply un-
til the root problems are fixed,
the report said.
, To read the UN. report, go to:
http://hq.unhabitat.org/
wuf/2006!sowc(underscore)
presskit.asp
11
This se.ason, surround yaurseli with the beauty of
ShawMdfk Anything GoesF' E(ite. It's luxurious and
extraordinarily durable - sure to withstand eve;,
the most active famllies,
Lifetime Wal'l'antie.J Againdi 171altmg d C:';t,!bi"l~l
INSTALLATION' S:\LES' REPl\.IR
Carpet' Vinyl' l'lard",'oc,d . Lamir,ate
H~'~r-',_ lJfl!l~~~ .~:~ ii~t,.~::~i~!'~V~;~f;;;-r>,'~'r ~",~t,1( ,-
.. ..>.",. _.d~' ,.~ >: ... ,j . "..1;1 ." .-5i!
r.
q:J
~
!\.
-,-
LETTERS 6 OPINION
..._....._T.....'n....c.........'...m.c......~..............OTO.._c....H......_H..<..oH+.H+>'."'.,-H........._.._~._.............,................._._.._,._......._.._.__...++..............._............."H.'.................,.....~._.............._._.....__....._.++............__.._...............,,++..-H..........."H.....,...._....._.._._.._._..._....._.~.._..........._.._._........_._._......._...c.............,..,.............._..............._.~..__........c.......c..,..>,.............._.._..-......................,........................
History buff investigates origins of Palm Avenue fan palms
I
I
!
After reading Carol Bogart's
column about the origins of
Cupertino, I felt compelled to
share some history I learned about
my neighborhood here. My home
borders Palm Avenue, which is
lined with majestic California fan
DANA
STERN
palms. Always interested in local
history, I investigated the origins of
these' palms shortly after moving
into my house in 1989.
The area bounded by McClellan
Road, Foothill and Stevens Creek
, boulevards, and Stevens Creek was
once a winery founded by John
Doyle. In the 18708, this area was
Las Palmas Rancho (part of the
original 1839 Mexican land grant
named San Antonio Rancho). Mr,
Doyle has contributed significantly
to the development of Cupertino,
particularly in the west side, hav-
ing been involved with the nam-
ing of Cupertino and establishing
its first post office.
The double row of palm trees on
Palm Avenue was planted by seed
under the direction of John Doyle
in 1882 and once marked the
entrance to Las Palmas Wmery.
The wines that Mr. Doyle pro~
duced were among the best in the
state at that time, and won medals
internationally. These wines repre-
sented the United States at the
Paris Exposition in 1900. He also
bottled wines under the name of
Cupertino Wine Company. The
1906 earthquake destroyed the
winery buildings. Mr. Doyle died
and his family sold the property to
developers in 1912.
A section of one of the rows of
palm trees was removed, presum-
ably when Monta Vista was being
developed in the 1950s. I learned
the palm trees were not protected
under Cupertino's Heritage 'free
Protection Plan when I witnessed
a beautiful pepper tree across the
street being cut down. I submit-
ted an application, which was
passed in 1996, and the stately
palm trees are now protected.
Every time I walk out of my
house and see the palm trees, it
reminds me of what this area
once was. I think many people in
Cupertino are not aware of its
rich history,
There is a wealth of information
about local history at the
California History Center
(www.calhistory.com) located in
the 'Ilianon Building at De Anza
College. My search about the pahn
trees began in the Stocklmeir
library there, where I found past
issues of a column published in the
CoURIER by Pete Emig called
''The Human Touch." Mr. Emig
recorded many interesting details
about the history of Cupertino and
its residents. There is also a very
thorough collection of Cupertino
history in Robert Levy's "The West
Side and How We Grew" pub-
lished in1991. I encourage all resi-
demsofCupertIDoroinvestig~e
any interesting'or unusual things in
their neighborhood. You will be
surprised at what you find out!
Dana Stern lives on Palo Vista
Road and is an avocational his-
torian,
;';,~~~r*i'.,. ,~i!, !".. ,". ., " " .*1"
',' ",' "' .' .,'.'..c; :":>~-;:':'}i,?':':~~:i.r}~:~,;~:~rf;;]~j~~~~1?" ;_.!:~~{t;',~:;~.:-~{;'~~~~~~1;}~I:;~,l::~,:W~;:~ ,'.~::;~*?~i~j~~;~;~fc~ii;~y~1~~~f~~~1~~~1~~
t
CITY OF CUPERTINO
10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT
Subject: Report of the Community Development Directo;::--- ,~
Planning Commission Agenda Date: Tuesday, Tune 27, 2006
The City Council met on June 20, 2006, and discussed the following items of interest to the
Planning Commission:
1. A1;weal of the Planning Commission's decision to awrove a Tree Removal Permit at
19900 Stevens Creek Blvd. (Former Suburban House site). The awellant is Vice-
Mayor Kris Wang.),;, The City Council upheld the appeal and required retention of the
under-trimmed pines near Stevens Creek Boulevard and increased the size of the
replacement the trees to 72-inch to replace the large redwood and 4S-inch box boxed
coastal redwoods for the remainder of trees removed. If sizes are not available, an
equivalent caliber is acceptable per arborist's recommendation. (see attached report)
2. 2006/07 Bud~
. North Vallco Concept Study: The City Council allocated up to $100,000 in the
06/07 budget for the North Valleo conceptual study. This study will be the first
phase of a development plan for the North Valleo Area. The city is working with
consultant Bruce Liedstrand to coordinate the study.
. RedevelopmenVEconomic Development Mana~ The City Council approved
funding to hire a Redevelopment/Economic Development Manager. The
Redevelopment/Economic Development Manager will be responsible for
developing and updating the Redevelopment Plan and Economic Development
Plan. The Redevelopment/Economic Development Manager will also act as the
city's representative to economic trade organizations such as the Chamber of
Commerce. The Human Resources Department is working with the Community
Development Department to provide wide notice of the opening. Staff expects the
position will be filled sometime around September 2006.
3. Tree Removal aeplication for the KnoW residence on Lindy Lane: '
The City Council requested a status report on the recent removal of two eucalyptus
trees on the Knopp property on Lindy Lane. Council received the report and asked
that the Tree Ordinance amendments regarding enforcement and replacement trees be
expedited. (see attached report)
Enclosures:
Staff Reports, Newspaper Articles
G: \PlanninglStevePlDirector's Report\2006\Pd06-27 -06. doc
PIIZ/J