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Reso 4616 2-Z-94 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 Resolution No. 4616 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN AMENDMENT OF ZaNING APPLICATION 2-Z-94 REGARDING THE BONDING REQUIREMENT RELATED TO TREE PROTECTION SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to modify a zone change, as described in this Resolution; and WHEREAS, the necessary public notices have been given in accordance with Chapter 19.120 of the Cupertino Municipal code and the Planning Commission has held one or more public hearings on the subject application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the change in zone is in conformance with the General Plan of the City of Cupertino. b) That the property involved is adequate in size and shape to conform with the new zone designation. c) That the new zone encourages the most appropriate use of land. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of the subject parcel. e) That the change in zone promotes the orderly development of the city. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for zone change is hereby recommended for; and That the subconclusions upon which the findings specified in this Resolution are based and contained in the Public Hearing record as set forth in the Minutes of the Planning Commission meeting of July 10, 1995, and are incorporated by referenced though fully set forth herein; and That the recommendation of approval is based on the zoning plat map of this application and the condition of approval contained herein. SECTION II: PROJECT DESCRIPTION Application No.: 2-Z-94 Applicant: Ju-Ping Chang, The E. and H. First F.L.P. Property Owner: Ju-Ping Chang, The E. and H. First F.L.P. Location: 19340 Phil Lane Resolution No. 4616 (2-Z-94 (Mod.) July 10, 1995 Page -2- Modification of Condition 4 of 2-Z-94 4. TREE PRESERVATION The applicant is required to retain trees numbered 11, 12, 14, 16, 25, 30, 31, 33, 34, 35, 36, 39 and 40 by the Corporate and Commercial arborist report of March 15, 1994. Tree No. 25 may be transplanted on-site using methods approved by Corporate and Commercial services. The remaining trees may be removed without further permits from the City of Cupertino. The retained trees are required to be protected until natural death. A bond in the amount of $10,000 per tree, for a maximum of $50,000 shall be placed to assure maximum protection of said trees, during construction. The protection of the two oak trees and cedar tree shall be specifically insured by the $10,000 bonding requirement. The construction protection methods as outlined in the City's tree ordinance shall be completed by the contractor and confirmed by the property owner. Following the period of two years, after the houses are finalled through the building permit, an internationally certified arborist shall conduct a site visit to observe the referenced trees. Following this site visit a letter shall be issued to staff indicating that the tree were not damaged during construction and show no signs of ill health due to construction activities. If no signs of damage or ill health due to construction activities are identified the bond shall be returned. If the tree is irreversibly damaged the bond shall be held and applied to the installation of the largest replacement tree on the site as recommended by the Internationally Certified Arborist. If the tree can be repaired by an Internationally Certified Arborist the bond or a portion thereof shall be applied to its repair. The bond(s) may be released two years following issuance of the occupancy permit and after written confirmation by the contracted internationally certified arborist that the trees are healthy. The bond shall be forfeited if the health of the trees is compromised. The applicant shall provide staff with a copy of the contract between the applicant and an internationally certified arborist. This contract shall specify the methods to assure compliance with the March 15, 1994, Corporate and Commercial tree report. The contract may include periodic site visits, review of construction drawings, and recommendations on alternative construction methods for maximum tree preservation. The applicant shall plant nine (9) new 24-inch box size trees are replacements for those trees removed as recommended by the arborist on page 6 of the March 15, 1994, report. Placement of these trees shall consider the neighbors' concerns for increasing screening between parcel and shall be shown on the conditional use permit landscaping plan. Resolution No. 4616 (2-Z-94 (Mod.) July 10, 1995 Page -3- PASSED AND ADOPTED this lOth day of July, 1995, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Mahoney, Roberts and Chairman Doyle NOES: COMMISSIONERS: Harris ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APP E : � , l 1 1f Robert S. Cowan, Director of avid Doyle, Chairm n/ upertino Community Development Planning Commission g/planning/reso2z94