Reso 4637 RESOLUTION No. 4637
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN AMENDMENT TO TENTATIVE MAP 3-
TM-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 tentative map, as descrived 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 proposed subdivision map is consistent with the City of Cupertino
General Plan.
b) That the design and improvements of the proposed subdivision are consistent with the
General Plan.
c) That the site is physically suitable for the type and intensity of development
contemplated under 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 design of the subdivision or the type of improvements associated
therewith are not likely to cause serious public health problems.
� That the design of the subdivision and its associated improvements will not
conflict with easements acquired by the public at large for access through or use
of property within the proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for tentative map modification is hereby
recommended for approval; and
That the subconclusions upon which the findings specified in this Resolution are based
and contained in the Public Hearing record as set forther in the Minutes of the Planning
Commission meeting of August 29, 1995 and are incorporated by referenced though fully
set forth herein; and
That the recommendation of approval is based on the tentative map of this application
and the condition of approval contained herein.
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SECTION II: PROJECT DESCRIPTION
Application No.: 3-TM-94
Applicant: Ju-Ping Chang (Emily Chen), The E&H First F.L.P.
Property Owner: Same
Location: 19340 Phil lane
Modification of Condition 3 of 3-TM-94
3. 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 b� 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 axe 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.
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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.
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PASSED AND ADOPTED this 29th day of August, 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: Doyle, Mahoney
NOES: COMMISSIONERS: Harris
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Austin, Roberts
ATTEST: APPR E :
Robert S. Cowan, Director of David Doyle, Chairm C ertino
Community Development Planning Commission
g/planning/r3tm94m