03. TR-2006-12 John Knopp
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: TR-2006-12 Agenda Date: July 25,2006
Applicant: John R. Knopp
Property Owner: John & Karen Knopp
Property Location: 21925 Lindy Lane
Environmental Review: Categorically Exempt
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 1. 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-/
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 higWights 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.
Future Allowable Building
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 pcTRreportsj 2006TRreportsjTR-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 At ACTION
Approval is for two previously-removed eucalyptus trees near the residential
driveway.
'?J-tf
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
3"3
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CITY OF
CUPERJINO
Exhibit A
10300 Torre Avenue
Cupertino, QA95014
(408) 777-3308
.. .... FAX (408) 777-3333
CommunihJ Development D~ctrtment
July 29,2005
Bret Moxley
30 Carolina Avenue
SaIl Anselmo, CA 94960
SUBJECT: PLANNING COMMISSION ACTION LETTER - TM-200S-03
This letter confirms the decision of the Plannirlg Commission, given at the
meeting of July 26, 2005, approving a Tentative Map to subdivide a 1.0 acre
parcel into two lots of about 20,000 square feet each in size in an R1-20 zoning
district, located at 21925 Lindy Lane, according. to Planning Commission
Resolution No. 6313.
Please be aware that the resolution .calls for modifications that are notpresent in
your tentative map submittal, and that if the Tentative Map permit is not used
within a three-year period, itshall expire on July 26,20{)8.
Also, please note that ~ appeal of this decision can be made within 10 calendar
days from the date of this letter. If this happens, you will be notified of a public
hearingr which will be scheduled before the City Council.
a.1Y.'Q .....
COlinlU!1ro
Senior Planner
Cc : John K.nopp, 21925 LitH~yta.l1ei Cu pertino, CA 95014
G:\ Planning \ Post Heariltg\Action Letters \ nc/io11.letlettnt200503,doc
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3-0
TM-2005-03
CITY OF CUPERTINO
10300Torre Ayenue
Cupertino, California 95014
RESOLUTION NO, 6313
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTlNO
APPROVING A TENT A TIVE MAP TO SUBDIVIDE A 1.0 ACRE PARCEL INTO TWO
LOTS OF ABOUT 20,000 SQUARE FEET EACH IN SIZE IN AN Rl-20 ZONING
DIS'I'RICT A1'21925 LINDY LANE
SECTION I: PROTECT DESCRIPTION
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 TentqHve Subdivision Map as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given as reqUired by the
Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning
Comrllission 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 subqivisiOn map is consistent with the City of Cupertino
GenetalPlan.
b) That the design a.nd imp:rovements of the proposed subdivision are consistent
with the Genetal Plan.
c) That the site is physically suitable for the type arid intensity of development
contemplated u.nder the approved subdivision.
d) That the design of the subdivision or the proposed improvements are not likely
to cause substantial environmental damage nor substantially and avoidable
injure fish and wildlife or their habitat.
e) That the designs of the subdivision or the type of improvements associated
therewith are not likely to causeseriou.s public health problems.
3/1
Resolution No. 6313
Page 2
TM-2005-03
July 26,2005
NOW, THEREFORE, BE IT RESOLVED:
That after careful cortsideration of maps, facts, exhibits, testimony and other evidertce
submitted in this matter, the application TM-2Q05-03 for a Terttative Map is hereby
approved subject to the conditiortS which are entuneratedin 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. APPROVEDEXH1BITS
Approved is based on the tentative l1lap entitled II TENT A TIVE MAP, LANDS OF
KNOPP, 21925 LINDY LANE, CUPERTINO, CAli by Nelsen Engineering, dated
May 2005, and consisting of one sheet labeled 1.
2. FUTURE BUILDING AREA
The applicant/owner shall submit a revised tentative map clearly delineating the
limits of development to closely reflect the illustrations included in the Planning
Commission staff report dated July 26, 2005. In addition, no retaining walls over 4
feet tall (measured from the natural grade) shall be constructed on the project site.
3. SLOPE EASEMENT
The applicant/ owrtershall submit a revised tentative map clearly delineating the
required slope easement to closely reflect the illustrations included in the Planning
Conunission 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, an.d precluding any future developments or improvements in this
area, except for necessary undetgroundingof utility lines that do not adversely
affect the specimen size nativ~ oak trees.
4. TREE PRESERVATION
No. trees. are, tobe reInoved as part of the tentative map approval. The tree
protection measures olJtlined in the City Atbotist'steport dated June29, 2005 shall
be conditions of this project. Prior to the issuan<:e of grading and. building permits,
the City Arborisl' sh~l1 confitrrt 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 construcqort activities. In the event that any
protected trees must be rel1loved due to reasons deemed appropriate by the
Community Development Director, then comparable diameter replacement tree(s)
must be planted at the same location or locations visible to the public.
3--B
Resolution No. 6313
Page 3
TM-2005-03
July 26, 2005
Prior to final map approval, a covenant shall be recorded on the property r notifying
futu:reproperty OWl}ers of the kinds al}d numbers of specimen trees protected by
City Ordinance and. the reqtlirement for a tree removal permit for these trees. The
covenantshall be revjewed and approved by the City Attorpey.
5. DRIVEWAY MAINTENANCE AGREEMENT
Prior to final map approval, a driveway maintenance agreement shall be recorded for
existing driveway benefiting Lot #1.
6. DRIVEWAY ACCESS FOR LOT #2
Vehicular access for Lot #2,. shall be taken off the ingress/egress easement to the west
side of Lot #2 in order to limit grading impacts.
7. CONSTRUCTION MANAGEMENT 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 aIld limits
. Constru<:tion vehicle~nd truck routes
. Dust and erosion cOI1trol
. Garbage and debriScoI1tainer location and pick up schedule
. Signage advising contractors of the restrictions
In addition to the construction management plan described above, the following
additiOnal construction activity limitations apply:
. No grading is allowed during the. rainy season..., October through April.
. On Saturdays~ grading, street. construction/demolition, underground utility
work and. other construction work that directly involves motorized vehicular
equiprnentate prohibited.
. OIl SundClYs; constructiortis prohibited.
8. IJEVELOPMENTSTANDARIJS
The project and future developments .shall adhere, to the R1-IS OrdinaI1ce or the Rl
Ordinance whichever specific regulation in each ordinance is more restrictive.
9. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedicationrequb;ements,reservation reqtlirements, andothet exactions. Pursuant
to Government Code,$ection 66020(d) (1), these Conditions constitute written notice
9,.t}
Resolution No. 6313
Page4
TM-2005-03
July 26, 2005
of a statement of the amount of such fees, and a description of the dedications,
reservations, and other ~xactions. You are hereby further Ilotified that 'the 90-day
approval period in. which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
10. ADDITIONAL GEOTECHNICAL INVESTIGATIONS
Prior to the approval of grading or building permits, a detailed. geotechnical,
design-level investigation shall be performed in accordance with the
recommendations gutlined in a lett~r from Cotton Shires & Associates to Colin
Jung, Cupertino City Planner dated June 29, 2005.
11. CALCULATION OF NET LOT SIZE OF LOT #2
For the purposes of subdivisicm,floor area ratio and building coverage, the area of
the ingress! egress easement shall not be subtracted from the lot area to calculate net
lot size,
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
12. STREET WIDENING
Street widening; improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
13. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer,
14. STREET LIGHTING INSTALLATION
Street lighting shall be. instaiIed and shall be. as approved by th~. City Engineer.
Lighting fixtures shall be pgsitiOrtedso as to preclude glare and other forms of
visual interfer~nce to ~djoiniIlg pl"operties, and shall be no higher than. the
maximum height permitted by the zone in which the site is located.
15. FIRE HYDRANT
Fire hydrants shan be located as r~quired by the City Ertgineer.
16. TRAFFIC SIGNS
Traffic con.trol signs shall beplac:ed at locationS specified by the City, as required.
IT. STREET TREES
Street treessllall be planted. within the Public Right of Way an.d shall be of a type
approved by the City in accordance with Ordinance No. 125.
3 --I 0
Resolution No. 6313
Page 5
TM-2005-03
July 26, 2005
18. GRADING
Grading shall be. as approved and required by the City Engineer i.n accordance
with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404
permits maybe required. Pl~af)econtact Army Corp, of Engine~rs and! or Regional
Water Quality Control Board as appropriate.
19. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow
across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless the
City Engineer deems storm drain facilities necessary. Development in all other
zoning districts shall be served by on site storm drainage facilities connected to the
City storm drainage system. If City storm drains are not available, drainage
facilities shall be installed to the satisfaction of the City Engineer.
20. FlREPROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City, as required.
21. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. The developer shall submit detailed plans showing
utility underground provisions. Said plans shall be subject to prior approval of the
affected Utility provider and the City Engineer.
22. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking
and inspection fees, storm drain fees, park dedication fees and fees for
undergrounding of utilities. Said agreement shall be executed prior to issuance of
construction permits.
Fees:
a. Checking & Inspection Fe.es:
$ 5% of Off-Site Improvement Cost or
$2,130.00 minimum
$ 5% of Site Improvement Cost
$1,000.00
$1,293.87
N!A
$ 2,000.00
$ 15i750.00
b. Grading Permit:
c. Peveloptnenf Maintert~ce Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f, Map Checking Fees:
g. Park Fees:
Bortds:
'?>'~II
Resolution No. 6313
Page 6
TM-2005-03
July 26, 2005
a, Faithful Performance Bond: 100% of Off..site and On-site
Improvements
b. Labor & Material Bond: 100% of Off-site and On:-site Improvement
c. On-site Grading Bond: 100% of site improvements.
*The fees described above are imposed based upon the current fee schedule
adopted by the City Council. However! the fees imposed herein may be modified
at the time of recordation of a final map or issuance of a building permit in the
event of said change or changes, the fees changed at that time will reflect the then
current fee sched.ule.
23. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment
enclosures shall be screened with fencing and landscaping or located underground
such that said equipment is not visible from public street areas.
24. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed
to City Standards and shall reach an agreement with San Jose Water for water
service to the subject development.
25. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in your grading and street improvement plans. Erosion and or
sediment control plan shall be provided.
PASSED AND ADOPTED this 26th day of July 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Giefer, Vice-Chair Miller, Saadati & Chairperson
Wong
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS: Chert
AYES:
A TIEST:
APPROVED:
I s/Steve Piasecki
Steve Piasecki
Director of COmrtlunity Development
IslGilbertWong
Gilbert W ()l1g, Chairperson
Cupertino Phuming Col111T1ission
gjplaniting/pdreport/res/TM-2005-03 res.doc
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RJJ..~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. Wordell:
On behalf of my clients, John and Karen Knopp, I am writing in response to your
letter of May 17, 2006. I know that my client John Knopp has already met with you, and
explained to you how they were the victims of a crime - the unauthorized trespass
upon their property, and the wrongful removal of two eucalyptus trees from their
property by a third party. My clients would have never removed those two trees; and
to compound the problem, now they are placed in an unenviable position of being
subjected to the threat of code enforcement penalties.
I am informed that a Mr. R. J. Perez is the responsible party who acted without
permission, let alone notice to, my clients, for his own personal benefit - to improve the
"view" from an adjacent parcel. My clients are not merely furious about what occurred,
but have already filed a police report with the County Sheriff; a copy of the report
confirmation is attached. My clients have further authorized me to pursue civil
litigation if Mr. Perez fails to accept the financial responsibility for his improper
conduct.
40 Main Street . Los Altos, CA . 94022
www.PricesLaw.com
3 -1ft:)
PRICE Law Firm
Attorneys at Law
Ms. Ciddy Wordell
June 9,2006
Page 2
Mr. and Mrs. Knopp recognize the importance of replacing the trees that were
wrongfully chopped down. My clients are not only willing to fully cooperate with any
reasonable requirements of the City of Cupertino, but they also want to replace the two
trees. Replacing the trees will reinstate the visual screen provided to their property's
bedroom window that they previously enjoyed. My clients also know that the tree
stumps should be removed, and that the adjacent two oak trees should be inspected by
a licensed arborist for any damage caused by the vandalism. Fortunately, the trees that
were removed were tall and narrow, and were not heritage trees.
Needless to say, my clients are concerned about the impact that this tree removal
might have upon their subdivision process. Even though you requested that a tree
removal permit be submitted, given the circumstances, it seems apparent that no
11 application fees" should be required of the Knopps. If code enforcement authorities
require some form of corrective action, my clients will certainly cooperate. While we
respect your right and authority to require review of this matter by the City Council, we
request that you decline to pursue such a review. It would be a travesty for any
subdivision applicant to have their property rights (subdivision authorization subject to
conditions of approval) destroyed by the illegal acts of a third party. I ask that you
please consult with the other members of the staff of the City of Cupertino, and then
allow us to meet and confer so that constructive steps can be taken together. If we are
able to come to an agreement, either the matter could be removed from the June 20th
City Council calendar, or alternatively placed on the consent calendar for that hearing.
Given the time constraints, I would welcome the opportunity to meet with you
and/or other members of the City of Cupertino staff at your earliest opportunity next
week. Please contact me to arrange such a meeting.
Thank you for your anticipated prompt attention to the requests set forth above.
Very truly yours,
PRlCE~. WFIRM~___
~ AQ~
Harry I. P e
IDP/mj
encl.
cc: clients
3-/1
June 20, 2006
Cupertino City Council
Exhibit 0
in-li~u fee waivers). Staff will bring back a report on suggested distribution of this
fundilig.; 4) TV public engagement program - $25,000; 5) fine arts grants - $2,500; and
6) del~ e~hquake insurance - $lOO,OOO. Motion carried with Mayor Lowenthal voting
no. \
Sandoval/M-ahoney moved and seconded to approve the following: 1) Stocklmeir
preservation \,udget - $50,000; 2) community hall automatic door - $45,000; and 3)
service club m\mberships - $2,500. The motion carried with Council member Kwok
voting 110.
\
\
Kwok/Lowenthal m~ed and seconded to fund the North Area Val1co Concept Study for
$100,000. The motiol\carried with Vice Mayor Wang and Councilmember Mahoney
voting no. .~
Sandoval/Kwok moved and 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 5, The motion carried unanimously.
\
Sandoval/Kwok moved and see 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 of the 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.
~""___""""""",."~_.~,~__,,,~~~,,,__,,~,_,,~,___~,,,,"~"_"""""__"'~_........".-'__.. ,_...._..............---.~'_'~A"'^._""" .
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 'Otal of $767,500.00.
\
SandovallKwok ~oved and seconded award the contract to O'Grady Paving, Inc. The
motion carried unmYmously.
l8. 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,l94.0 to cover any unforeseen work required to complete the
project, for a total of $160,00 .00.
16.
SandovallKwok moved and seco ded to award the contract to G. Bortolotto & Co., Inc.
The motion carried unanimously.
Adopt a resolution authorizing the C~ Manager to negotiate and execute an agreement
between the Cities of Cupertino and LS~Jose for the Overlay of Stem Avenue 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 ad~ Resolution No. 06-l21. 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 ~ture discussions
on this project, including: reduction of garden plots; no buses at San Femando entrance
once trail is open at both ends; the San Fernando entrance should be closed'to cars for the
remaining 256 days; consider encouraging more equitable use of park by?esidents 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
plcmc use.
19.
NEW BUSINESS - continued
City Council resumed the discussion on item No. l6.
3-1'1
Exhibit F
Ciddy Wordell
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-----
From: Luciano Daile Ore [mailto:ldalleore@hotmail.com]
Sent: Tuesday, July 18, 20066:12 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 pro pertly). 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 httD:/Ien.wikioedia.org/wiki/Eucalyotus)
Best regards
Luciano & Cristina Daile Ore
22101 Lindy Lane
Cupertino, CA 95014
H 408 2579115
o 408 962 4804
7/18/06
3--91