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PC Summary 11-09-04 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members From: Steve Piasecki, Director of Community Development Date: November 12, 2004 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE November 9, 2004 Chapter 19.32 of the Cupertino Municipal code provides for a eal of decisions made b the Plannin Commission 1. Application TM-2004-10 & TR-2004-09; Cupertino Estates, 22291 Cupertino Road Description Tentative map to subdivide a 23,158 square foot parcel into two parcels (approximately 1,000 and 12,000 square feet, respectively) Potential tree removal of 5 specimen trees (1 oak, 4 cedar) on a residential parcel Action The Planning Commission approved the application on a 5-0 vote The fourteen-calendar day appeal will expire on November 23, 2004. Enclosures: Planning Commission Report of November 9, 2004 Planning Commission Resolution No. 6282 & 6283 Approved Exhibits g:planning/Post Hearing/summary to cc11-09-04 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant: Property Owner: Property Location: TM-2004-10, TR-2004-09 Simon Lin & John Wong Cupertino Estates, LLC 22291 Cupertino Road Agenda Date: November 9, 2004 Application Summary: TENT ATIVE MAP to subdivide a 23,158 square foot lot into two parcels (approximately 11,000 and 12,000 square feet in size) in a R1-10 zoning district. TREE REMOVAL REQUEST to allow the potential removal of 5 specimen trees (1 oak and 4 cedars) on a residential parcel. RECOMMENDATION: Staff recommends that the Planning Commission approve the tentative map, file number TM-2004-10 and deny the tree removal request, file no. TR-2004-09, to allow the removal of five specimen trees: one Deodar Cedar, one Coast Live Oak and three Blue Atlas Cedars, in accordance with the model resolutions. Project Data: General Plan Designation: Zoning Designation: Total Acreage (gross): Net Acreage per parcel: Density: Low Density Residential, 1-5 DU j gr. acre R1-10 26,173 square feet Lot 1-11,055 sq. ft., Lot 2-12,141 sq. ft. 3.33 duj gr. acre. Project Consistency with: General Plan: Zoning: Yes Yes Categorically exempt. Environmental Assessment: BACKGROUND: The project site is located on the northeast corner of Cupertino Road and Hillcrest Road at 22291 Cupertino Road. The lot lacks curb, gutter and sidewalk improvements and is near a topographic low spot for the area. Storm flows from the street currently drain onto the property or sheet flow easterly on Cupertino Road or northerly onto Hillcrest. Road. The lot slopes gradually toward the street but the front and side of the lot are predominantly below the grade of the street. 6-1 TM-2004-10, TR-2004-09 Page 2 November 9, 2004 An existing house and storage building are located toward the rear of the lot with driveway access taken from the southeast corner of the lot. Surrounding land uses are all single-family residential uses. The lot is heavily forested, but most of the trees are ornamental or fruit trees. There are five ordinance-protected, specimen size trees on the property: Blue Atlas Cedar Blue Atlas Cedar Blue Atlas Cedar Deodar Cedar Coast Live Oak Úi~met€!r at Bre.ast Rei ht 28.8 inches 24 inches 44.3 inches 28.8 inches 11 inches 1 2 3 4 5 DISCUSSION: Zoning and General Plan Conformance: At 11,000 and 12,000 net square feet, both proposed lots are consistent with the zoning designation of R1-10. The residential density at 3.33 duj gross acre is also consistent with the general plan land use designation. Subdivision Improvements: The area has a rural character with a lack of street improvements, but these streets have not been petitioned by neighbors for a rural street standard, which would preclude sidewalk improvements. The applicant is proposing to fill the onsite drainage channels at the property line in order to build up the grade and allow sidewalk and gutter improvements to be at street level. Tree Removal: The protected trees are described in the attached arborist report (Exhibit A). All of them exhibit good health and vigor, although as noted in the report the cedars have fair to poor structures. The four cedars are very tall and large trees and are prominent features in the neighborhood. The applicant has proposed removal of the four Cedars and the oak. Although building footprints are shown in the plan set, they are conceptual in nature since the building designs have not been finalized. There are different development options that could allow the specimen trees to be protected. It is premature to approve removal of the trees when alternative residential designs are available. Staff believes that the grove of three Blue Atlas Cedars on proposed Lot 2 can be preserved in the development and should be treated as one unit. As noted in the report, the roots of the tree have grown together and removing one tree will harm the other Atlas Cedars. The Deodar Cedar may be preserved, but it is closer to the midpoint of the lot and is likely to experience construction impacts that might harm the ð-(;L TM-2004-10, TR-2004-09 Page 3 November 9, 2004 tree. An attempt should be made to protect this tree. The specimen size Coast Live Oak is in the center of the development footprint. The arborist indicates it is young enough to be transplanted and staff is supportive of the recommendation. In addition, the applicants indicate that they may wait for the outcome of the R1 zoning ordinance amendments before they decide on their final building design. This further reinforces staff recommendation not to approve tree removal at this time. Prepared by: Colin Jung, Senior Planner 0 JJ--.~ Approved by: Steve Piasecki, Director of ¿Jirrnunity Development Enclosures: Model Resolution for TM-2004-10, TR-2004-09 Exhibit A: Tree Survey & Arborist Report for 22291 Cupertino Road Plan Set H: \ Plam'¡ng\ PDREPORT\ pcTMreports\ TM-2004-10b.doc 3-3 TM-2004-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A 23,158 NET SQUARE FOOT PARCEL INTO TWO PARCELS OF APPROXIMATELY 11,000 AND 12,000 SQUARE FEET AT 22291 CUPERTINO ROAD SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2004-10 Cupertino Estates, LLC 22291 Cupertino Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative 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 Commission 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 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 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 cause serious public health problems. f) 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. j-1 Resolution No. Page 2 TM-2004-10 November 9, 2004 ------------------------------------------------------------------- ------------------------------------------------------------------- NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2004-10 for a Tentative Map is hereby approved subject to the conditions which are enumerated in 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-2004-10, as set forth in the Minutes of Planning Commission Meeting of November 9, 2004, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on exhibits titled: "Cupertino Estates Housing Development Lot Division & Tree Removal, 22291 Cupertino Road, Cupertino, CA" consisting of 3 sheets, dated September 29, 2004 and labeled A-O, TM-1 and A-I, except as may be amended by the conditions contained in this resolution. 2. DEMOLITION The applicant is required to demolish existing structures in accordance with City demolition procedures. 3. 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. 4. BELOW MARKET RATE ROUSING Applicant shall comply with the policies in the City's Below Market Rate Housing Manual. 5. COVENANT FOR TREE PROTECTION The applicant shall prepare and record a covenant that runs with the land, acknowledging the protective status of the specimen size Coast Live Oak, three Blue Atlas Cedars and one Deodar Cedar under the city's heritage and specimen 3-5 Resolution No. Page 3 TM-2004-l0 November 9, 2004 ------------------------------------------------------------------- ------------------------------------------------------------------- tree ordinance. The covenant shall be reviewed and approved by the City Attorney. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 6. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 7. 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. 8. STREET LIGRTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 9. FIRE HYDRANT Fire hydrants shall be located as required by the City. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 12. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. 13. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 14. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. ð-{P Resolution No. Page 4 TM-2004- 10 November 9, 2004 ------------------------------------------------------------------- ----------------------------------------------------------- 15. 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. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. 16. 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading/Improvement Permit: $ 5% of On and Off-Site Improvement Costs $ 1,000.00 $ 769.13 b. Development Maintenance Deposit: c. Storm Drainage Fee: d. Power Cost: e. Map Checking Fees: f. Park Fees: ** $ 3,250.00 $15,750 Bonds: a. On site Grading Bond: 100% of site improvements. b. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100% Performance Bond -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 schedule. ** Developer is required for one-year power cost for streetlights 17. 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. 03-7 Resolution No. Page 5 TM-2004-10 November 9,2004 ------------------------------------------------------------------- ------------------------------------------------------------------- 18. 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. Identify all Pre-and Post development BMPs that will be installed on and off-site. 19. WORK SCHEDULE A work schedule shall be provided to the City to show the timetable necessary for completion of on and off site improvements. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. f sf Ralph Qualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 9th day of September 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chair Cupertino Planning Commission G:\Planning\PDREPORT\RES\ TM-2004-1O.doc 3 -8 TR-2004-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYINGA REQUEST TO REMOVE FIVE SPECIMEN SIZE TREES: ONE COAST LIVE OAK, THREE BLUE ATLAS CEDARS AND ONE DEODAR CEDAR SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2004-09 Cupertino Estates, LLC 22291 Cupertino Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to removal five specimen size trees, as described in this Resolution; and WHEREAS, the Planning Commission finds: A. That the tree is not irreversibly diseased, is not in danger of falling, does not cause potential damage to existing or proposed essential structures, or does not interferes with private on-site utility services; B. That there are alternative site development plans that can avoid the cedar trees and retain them on the property. C. That the Coast Live Oak is young enough to be transplanted elsewhere on the property. 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 not 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 3-9 Resolution No. Page 2 TR-2004-09 11/09/04 Application TR-2004-09, as set forth in the Minutes of the Planning Commission Meeting of November 9, 2004 are incorporated by reference herein. PASSED AND ADOPTED this 9th day of November 2004, 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 Taghi Saadati, Chair Cupertino Planning Commission G:\Planning\PDREPORT\RES\ TR-2004-09 res.doc !J -/0 ("" )';<: _:'1:¡n0"" .;L,n' (,_: ,', H(:: n,' :":i}(,',," TREE SURVEY & ARBORIST REPORT ....2'2"1 C" . "'f""fof¡ 'f" 110,' . "'... 1" Uf",,-.....," hr~"",· .~G;(.:af C ,. C ¡"$ . upemno, ~a ,,-mma Prepared for: Simon Un InnovaHve Design Associates 510 Lawrence Expressway 11105 Sunnyvale, CA 94085 Prepared by: Deborah Ellis, MS. Com;uUing Arborrû & HorficuffuriÛ American Society of Consulting Arbonsts, Registered Consulting Arborist #305 Intemational Society of Arboriculture. Westem Chapter Certified Arborist #457 Certified Professionai Horticulturist #30022 SEPTEM8ER 24, 2004 ,-\.\ ,+- (' i::..\l\\\ \01': h ,,"'.., y,¡,:iccsinc¡;j984 ©Copyrighf Deborah Ellis, 2004, This report may not be reproduced in whole or in part without the expressed written or verbal consent of Deborah Ellis. ::It'ð jJ,j-::' St'i'('/æ shlcl! 1~)/-¡ TABLE OF CONTENTS TREE MAP ................................................................................................................................................................1 SUMMARY ...............................................................................................................................................................2 Introduction ........................... ............... ....................... ....................... .................. .................................................6 Purpose of survey & report ..............................................................................................................................6 Boc kground ................... ...... ........................ ...... ......... ................ ...... .................... ......................... ................ .... 7 SURVEY METHODS .............................................................................................................................................7 Observotions.........................................................................................................................................................8 Field Conditions .................................................................................................................................................8 DESCRIPTION OF the Specimen Trees............................................................................................................8 Atlos cedars #1,2 & 3...................................................................................................................................8 deodar cedar #4 .......................................................................................................................................... 9 Coast live oak #5 ........................................................................................................................................10 RECOMMENDATIONS ......................................................................................................................................... 1 0 APPENDIX ............................................................................................................................................................. 12 Glossary ............................................................................................................................................................12 Limits of Scope................................................................................................................................................. 12 1,1.' <..C;·!~¡ ,:(.1':,::1 "j ;\r"(>i '-",(;\ (·'r.c':,-';;:" ~,' ,', ;',sÚIC-é:19S.:¡ TREE MAP .. NnRII-I Co ... -..... \y\..JW... . ..::-:.~ ~=ed(~rs -~ -'_UJ-~> ~~._. '¡:----e.tIrç. . '~'I' It. \ .. t.. ...~ .. 'r~ ,¿ - I 1~--~~::-":~..:.·'" .... It, l r. ,.µ-¿----c.¿.-¿,T ,I~n ---._--..".~.. ì L ~ ,I.~·"~----l.._ \ í~-¡'[t- &: ~ ~ ¡-~~·~--··~l2l-¡e,- L. ~ i¡1 , L i I~' I \ · tc. j t,,1.,J. ,-: rl· · \ i f j it ~.. ~ l f"fì'"" , ¡'"I ~ . c.è. ~ t...:.J 1:o~1'" c:. :..-...._.~.~ ... ;rr- 5 ~~:S~·I r~ ".: ,:. ¡t" > í... oak :~ 17. k 1~:-de()da1-'Cf:crar ~"O:- I_-"'..>..""..~"_r..';£~'''''---J:~--J-;_._...._-- __øq.___ D-.--..... /:' . 'Co 11 :OJt ~.:I { c;...,. - c:. -. -. .. Co -- -.(;, -~---.---~ --..-- co. .-..-- ... . '¡....." c Co eo II'. II- ') /,),·'1.1. ..' . \has L -~.~.. .~. Q: 0,:, <:I: ~¡ ~~. ~¡ "-: :;0' ....1 ; ; L. ¡ r. J:. . L i i ... Po HI/,CRF.ST Rt (.(0' R/rl') , Co . r. L , ~ Ti is r/c,;", ',n7_';:;'_"n::J-Y';:'LßL:U'1L'.,_::ç{(J.J;'C.O:: f'\ :'f;\~t::Lf1.f~JUs..s;_U/(~ç',')I;{: ';',";'C[),:_'{ ,_t){:', C/\ ~<fi:::C PhDne [',0, r:,~';' /r'c,) ,__~ ,'! ~S7 \~Jr~h r. ,',--",' ," !'¡"" p,!:y,),!,c:~ ~.{;"I'ic: ~':, "...~ "inn'/9S-: SUMMARY There are five specimen frees' on the project site, each of which will require a tree removal permit if removed. These trees are listed in the Table below and are also located in the Tree Map on the previous page, according to their tree tag number (1 through 5). Tree # Scientific & Common name DBH 1 ¡Cedrus atlantica 'Glauca', blue atlas cedarì28.8 I 2 ¡blue atlas cedar 124. I 3 ¡blue atlas cedar 144.3 I 4 ¡Cedrus deodara, deodar cedar ¡28.8 @ 3.5 ft. L SIQuercus agrifolia, coastlive oak 1-11.0 After review of the Arborist Report Application Plan (sheet C-1), September 15,2004 from Innovative Design Associates) I have determined that: · Trees #3, 4 and S will have to be removed because they are too close to or within the proposed home footprints. · Tree #2 will probably have to be removed because it is closer than advisable to the proposed home footprint, and if it remains and adjacent trees #1 or 3 are removed it (#2) will become a full or partial edae free'. · The entire arove' of Atlas cedar frees #1,2 and 3 should be preserved, if you would like to keep any individual tree in this grove. The reason for this is that these trees constitute a tight grove, and removal of some or all of the grove members would threaten the stability and health of the remaining trees. When viewed individually, each of these three trees has a one-sided, asymmetric canopy due to the close proximity to the other two trees. This is acceptable as long as the trees remain as an intact grove. If any of these trees are isolated however (by removal of adjacent trees) they will become "edge trees" as explained in footnote #2 below. 1 A "soecimen tree" in Cuoertìno is any oak species (Quercus genus) or California buckeye tree (Aesculus californica) with a trunk DBH {diameter at breast height, 4.5 feet above the ground) of 10 inches or greater, or Atlas or deodar cedar trees (Cedrus at/antic a or C. deodara) or big leaf maple (Acer macrophy/lum} with a DBH of 12 inches or greater. This information is from the Cuperfino City Ordinance, Chapter 14.18. 2 Edae tree: a tree at the edge of the grove or tree row which may have been exposed to wind and other forces to a greater extent than neighboring trees inside the grove or row. Edge trees develop support mechanisms over time. Removal of edge trees, creating new edge trees that have not been as exposed to the elements, may cause the new edge trees to fail. 3 Grove: a group of trees that located close together that shelter each other from wind and the elements; having 11 knit" canopies. If of the same species, there is usually root grafting between trees, which lends support from the ground, as we!! as water and nutrient sharing. Removal of one or some grove members could cause remaining members (particularly !ledge frees") to be unstable due to a reduction of previous shelter, Grove trees often have asymmetrical canopies when viewed as individuals. [":Or', r~J, ~"-~(,'::'C C'." ,.; ~.;:', -; . . ,,,\! .~",-¡ V¡h-,I-,'. --',I (.\; ,~~. CC!';:;~', , " ,(ínu )".1,014 The grove of cedar trees #1 through #3 is in Fair/Good condition and has Moderate/Good preservation suitability. In order to preserve these trees, I recommend that the proposed house on the southern lot be moved tarther trom the grove of trees #1 through #3 (to at least a minimum distance of 12 feet fram tree #1 (the distance exceeds this now - try not to decrease this), 10 feet from tree #2, and 16 feet from tree #3. This minimum distance must include any over-excavation and work margin required beyond the edge of the actual improvement itself. For example, if a 3- foot -over-excavation is required for the house foundation, then the minimum distance for tree # 1 must be 12 + 3 = 15 feet. Note that this is for root protection only, and it would be much better to build beyond the dripline (canopy) of each tree if possible. I also recommend that the tree trunks and driplines be accurately plotted on the plan. so that we can more accurately see exactly where proposed improvements will be located to each. If a large portion of the canopy has to be removed in order to fit in an improvement. this may necessitate removing the tree. Deodar cedar #4: This tree is located 6 to 8 feet from the proposed house, which is simply too close. In addition, the trunk of this tree is not plotted on the plan, so I cannot be sure about this distance. As with the Atlas cedar trees above, the absolute minimum distance that root disturbance can come to this tree is 12 feet plus any necessary over-excavation). As with the Atlas cedars. I also recommend that the tree trunk and drip line be accurately plotted on the plan, so that we can more accurately see exactly where proposed improvements will be located to each. Coast live oak #5 is located within a proposed house so it is obvious that this tree must be removed. Could the tree be dug and transplanted? Yes, but it is a little large for a tree spade - it may be better to trench around. box and then transplant the tree. You may contact me about this, and a referra I to a tree mover, if you are interested. Other trees: there are approximately 17 additional "non-specimen" trees on the property, which have not been reviewed for this report. Many of these trees are deciduous fruit trees. I briefly looked at each of these non-specimen trees to make sure that they did not fall into lhe "specimen tree" or other protected tree category. ,f',:···\~, '; ¡;~, ,·,·.~_·ú·...~ "._,.:_. s.',',:. Ú¡¡, J9¡, To follow is the Complete Tree Table listing all tree do fa on each tree. On the next page there is an explanation of each column in the Table. Scientific & '? "I l' Expd In or on Too Preser~ Tree Common DBH Size "C "C "C Constr edge of close to vation Action Reason OTPZ # c: c: c: improve improve- name 0 0 0 Impact Suitability u u u -ment ment 1 !Cedrus 128.8 i4X25 ¡80 70 175 I I Moderate loebatable ¡edge tree if 136 (12, !at/antica 1 ¡MOderate 1#2 & #3 17) 'Glauca', blue I I lremoved ¡atlas cedar 1 1 1 I 2 ¡blue atlas 124 155X3 , 175 IModerate I X IMOderatet ¡Debatable ¡edge tree jf 3 (1. 6) ¡80 170 Icedar I I I ¡Severe Good 1#2 &#3 1 ! ¡removed I 3 I 14 s 144.3 155X3 180 160 ¡288 1'55X3 '1·851'50 ¡@3.5 I ¡ft. -11. 122x12 185 75 170 Isevere I 111 X iModerate! IGOOd ¡MOderatel ¡Good I I Good ~.Remove ¡construction 1148 (16, I proximity 1) ¡!Remove ¡construction ~@9 (12, - proximity 17) I I I ¡Remove, ¡construction '1'6 (5, 3) itransPlant ¡prOXimity X 180 Isevere X Exølanation of Table: Tree #: this is the tree tag number placed on the tree in the field, and it also corresponds to the tree number on the Tree MaD. DBH: trunk diameter "at breast height" measured at 4.5 feet above ground level. This is the arboricultural industry standard measurement height. This measurement is used in many tree-related calculations. Size: Tree size in height X canopy spread in feet (estimated). Condo (Condition - V (Vigor) S (Structure) and A (Average»: 100 = excellent, 80 = good, 60 = fair, 40 = poor, and 20 = unacceptable. There are two components of tree COndition - Vigor and Structure, Each of these components is rated separately and then averaged to obtain the Average Condition Rating, The ratings and the methodology for obtaining them are taken from two industry standard texts - The Guide for Plant Appraisal, 9th edition, 2000, edited by the Council of Tree & landscape Appraisers and published by the International Society of Arboriculture, and the Species Classification and Group Assignment, 1992, edited by Chandler and published by the Western Chapter of the International Society of Arboriculture. .. '_U1;1,;, 1 /'.:'~~':)'-[~:< i'~ '-.', . '!"¡'c', ~::c;\ ,",1'.-:"' ","._'_".,,~.~"~,_ _'..~'~_'~". ,. ."_,-.,R" _>", .",""~',"~'",'" __.. ... ".._."..~.. ....-' .-" .. '_' ,,___.-~.. __,~'.'__'~ S,-i-'-: SUii 19;--;, To follow is the Complete Tree Table lisling all tree data on each tree. On the next page there is an explanation of each column in the Table. Scientific & ":' "I <f Expd In or on Too PreserH Tree Common DBH Size ." ." ." Constr edge of close to vation Action Reason OTPZ # c c c improve improve~ 0 0 0 Impact Suitability name 0 0 CJ ~ment ment 1 :Cedrus 128.6 14X25 '80 70 175 , ' Moderate loebatable ledge tree if 136 (12, lallantica I I IMOderate 1#2 & #3 [7) 'Glauca', blue I I removed atlas cedar I I I 2 ¡blue atlas i24 i55X3 18T 175 ¡MOderate I I X [MOderate! IDebatable ¡edge tree if 3 (1, 6) Icedar Good I '#2&#3 I I I (severe I \removed , I 3 ¡blue atlas 1443 i55X3 180160 170 Severe I I X jModerate1 ~Remove ¡construction 148 (16, Icedar i I Good I proximity 1) , -- --. .- i4',Cedrus ¡28.8 55x3 ·1'85 ¡50 deodar8, i@3.5 . Ideodar cedar ¡ft. 5 'IQU~rc~s 1-11. ¡22x12 1'85 75 agnfol/a, coast I [live oak i [68 Isevere i80 ,Severe . I I I X ¡Moderate1 ¡Good I , Good --r. .~ I'Remove construction 129 (12, proximity ¡7) I :Remove, construction '16 (5, 3) ¡transplant ¡prOXimity I , X EXDlanation of Table: Tree #: this is the tree tag number placed on the tree in the field, and it also corresponds to the tree number on the Tree MaD, DBH: trunk diameter "at breast height" measured at 4.5 feet above ground level. This is the arboricultural industry standard measurement height. This measurement is used in many tree-related calculations, Size: Tree size in height X canopy spread in feet (estimated). Condo (COndition - V (Vigor) S (Structure) and A (Average»: 100 = excellent, 80 = good, 60 = fair, 40 = poor, and 20 = unacceptable, There are two components of tree condition - Vigor and Structure. Each of these components is rated separately and then averaged to obtain the Average Condition Rating, The ratings and the methodology for obtaining them are taken from two industry standard texts - The Guide for Plant Appraisal, 9th edition, 2000, edited by the Council of Tree & Landscape Appraisers and published by the International Society of Arboriculture, and the Species Classification and Group Assignment, 1992, edited by Chandler and published by the Western Chapter of the International Society of Arboriculture, . ,-~( :- ~.." .- ;.~, ~- ; ',> ':' ( ~ . ":lnCi'}')- Preservation Suitability: Good, Moderate or Poor, as explained in the table below: Poor Trees in aood condition: (both health and structural) that have good potential for longevity at the site. These should be your to riority trees for savin ,if ossible. Trees in fair condition: These trees have health and/or structural defects that may be improved with treatment. or are a species that is not well tolerant of construction disturbance. Trees in this category will require more intensive management and monitoring, and may also have shorter life spans than trees in the "Good" category. Retention of trees with moderate suitability for preservation depends upon the degree of proposed site changes. In general I have recommended to save most trees with "moderate" preservation suitability, unless they are in the ath of or too close to ro osed construction. Trees in Door condition: Trees with significant structural defects or poor health that cannot be reasonably improved with treatment. These trees can be expected to decline regardless of management. The tree species themselves may have characteristics that are undesirable in landscape settings or may be unsuitabie for high use areas. I do not recommend retention of trees with low suitabilit for reservation in areas where eo Ie or ro ert will be resent. Good Moderate Expd. Constr. Impact = Expected Construction Impact This is based upon the plans that I reviewed, This DOES not take into acrount any other improvements such as grading, driveways or utilities. There are no plans for tIlese improvements yet, but tIlis additional work will cause additional impacts to trees and should be reviewed for these impacts, In or on edge of improvement. = This means that the trunk of the tree is either inside or right at tile edge of tile improvement shown on tile plans that I reviewed. Too close to improvement: means that the træ is too not in or on, but is otherwise too dose to the edge of the improvement shown on the plans that I reviewed. Action: Save, Remove, Debatable and Transplant. Again, based upon the plans that I reviewed, OTPZ = Optimum Træ Protection Zone. This is tile distance in fæt from the trunk that no construction disturbance should encroach, all around tile træ. This is the first number in the column, The next two numbers in parentheses are lesser distances of 5 and 3 x DBH that can serve as alternate distances in case the om cannot be achieved. For example, 14 (8, 5) means that the om is 14 feet, 5xDBh is 8 feet and 3xDBH is 5 fæt. Note that I have only listed such distances in instances where I feel that the træ is worth saving. Although there are no scientifically based methods to accurately determine the minimum distance for construction (for example, root severance) from trees to assure their survival and stability, there are some guidelines that are often used in the arboricultural industry, The most current guideline comes from the text, Trees & DeveloDment, Matheny et aI., International Society of Arboriculture, 1998. The træ protection zone calculation method in this text was used to obtain the OTPZ's given above. Because it will not be possible to maintain the om distance recommended for many of the trees, I have also listed alternate distances of 3 and 5X DBH (see explanation in the paragraph below). It is important to understand that these distances must include any over-excavation or extra working margin that is required beyond the actual improvement itself. For example, if there must be a 3-foot excavation beyond a foundation, this 3-foot distance must be ."',^'~"~'-,."'-''''.~' _'._~" ,-,., w....<_·,,·,__....·___ 'I", ,.-!-- (1\ (1');'.'0,,"' F': / r--,. I: .-' ,.,,~ ¡j::,~-;. 'A/cd::: s¡-'-c' ·~'2h.c':'~·;· o - . "-,,,-,~,._".,,,.. --....~..~._-,- - ,-," ,,,, He :,'t;':~-!_~'-' c~'NCi::t ;;-j,': !~,';(J included in the protection zone. In this case, if the recommended protection zone is 10 feet from the tree, the building will need to be located 13 feet from the trunk of the tree. 3 to 5 X DBH4. A reasonable "rule of thumb" absolute minimum distance any excavation should be from the trunk of an existing tree on one side of the tree is 3 times DBH. DBH is "diameter at breast height", or 4.5 feet above the ground. I have found that for the urban trees I have worked with, it tends to correlate reasonably well with the Zone of Rapid Taper, which is the zone in which the large buttress (main support roots) rapidly decrease in diameter with increasing distance from the trunk. This zone is usually one to three meters from the trunk, but it varies depending upon tree species, age and soil and other environmental conditions. using the 3X DBH guideline, an excavation should be no closer than 4.5 feet from the trunk of an 1S-inch DBH tree. This distance is a guideline only, and should be increased for trees with heavy canopies, decay, structural problems, etc. The 3X DBH may be more of an aid in preserving tree stability and not necessarily long-tenn tree health, as the roots beyond the zone of rapid taper fonn an extensive network of long, rope-like roots one to two inches in diameter. These woody perennial roots are referred to as transport roots because they function primarily to transport water and minerals. Few large lateral roots are found beyond 10 feet of the trunk, in most situations. 5X DBH is the "preferred" minimum distance which should be strived for whenever possible, and is recommended for the specimen trees on this site, particularly the large cedars. Even a few feet may make a big difference in tree stability and survival! It is important to understand that because the 3 and 5xDBH distances are much less than the OPTZ, they take into account the root system of the tree but may not take into account the spread of the canopy of the tree. If a tree is very wide spreading, then these distances may be too close, or a significant amount of pruning may be required. INTRODUCTION PURPOSE Or- SURVEY & REPORT __.~,~~,_..___.._~_____"""',^.~_~A"_. This survey and report was required by the City of Cupertino as a part of the building permit process. The purpose of this survey & report is to identify and describe the tree species on site; their size and condition, and their suitability for preservation. Only those existing trees that are classified as "protected" trees in Cupertino (which for the purpose of this project includes "specimen" trees) are included in this survey and report. The audience for this report is the project architects (Innovative Design Associates, and City of Cupertino authorities concerned with tree preservation and tree removal. The 0001 of this report is to preserve existing specimen trees on site that are in good condition, ore good species for the area and will fit in well with the proposed new use of the site. 4 Smiley, Fraedrich, & Hendrickson 2002. .··_.."...·,·~.."._ro,,__, "~. - - -: {' ~ ,: (o! ,,:r ',:H,:'· ;'11', t. \ ,/~~; ::'~-¡-(': / lvI"" , , "'-,""':-'''1 .-., ':', C,' ':-:r; p, ",!f"'; ¡"~ r:, i.~( "__."'.'._~_ ,..__ ..,. .e.,~'·~ _..'~._. ,."",~.. ....,t ,t.,:.-.' " ./ ~ ,-,', J The parcel at 22291 Cupertino Road is proposed to be subdivided into two separate lots, each with a new single-family residence. The architect is currently working on the preliminary design and site layout phase of this project. The field tree survev was conducted on September 22, 1004. Each specimen tree was tagged with a metal number tag that corresponds with its tree tag number in this report. Aluminum nails were used to attach the number tags to the trees, because aluminum is the metal that is least damaging to bark and wood tissue. Trunk diameter was measured at 4.5 feet above the ground (DBH), according to the requirements of the City of Cupertino. DBH is an arboriculture standard trunk diameter measurement height that is also used in many tree-reloted calculations, such as the Optimum Tree Protection Zone distance, and 3 and 5 x DBH. A diameter tape was used to measure trunk diameters, and the diameters were rounded to the nearest lOth on an inch. Photoaraphs were taken of all specimen trees on site. Some of these photos are included in lhis report, but all photos are available from Deborah Ellis by em all if requested The specimen trees were briefly observed for their structural condition (stability) and general health (vigor) by visual assessment from the ground. No root collar excavations' or other probing or boring was done upon any trees. Characteristics such as form, weight distribution, foliage color and density, wounds and indicators of decay were recorded. Tree size (approximate height and spread in feet) were estimated and recorded. Surrounding site conditions were also observed. Evaluation procedures were adapted from: · Guide for Plant Appraisal. 9th edition, 2000, authored by the Council of Tree and Landscape Appraisers (CTLA) and published by the International Society of Arboriculture (ISA). · Species Classification and Group Assianment published by the Western Chapter of the International Society of Arboriculture (WCISA), 2004. · Tree Hazard Evaluation Form taken from Evaluation of Hazard Trees in Urban Areas. 2nd Ed" Matheny & Clark, International Society of Arboriculture, 1994. The above three references serve as industry professional standards for tree and landscape evaluations. 5 A root col1arexcavation is the removal of soil below grade (or excess soH above the natural grade) at the root collar to expose and/or determine the health of tissue in this area. This is done to assess anchorage and stability of the tree. Any problems in this area can translate to whole tree health, as well as stabil11y. J"- A ::-h~.;ne /' '-'.-t': .!:cn,,·?? '..1 :1,: d"', ,- ..··..·c ,,;jí.n'~-'- \.',''-';-' -....-y.......,.. :/ L~ =,..;,,,_..~,~.,.,._-."<,....,~'. OBSERV ATlONS SI'n',á:S-!iiC,.!J··" There is currently one occupied single-family residence and a few accessory structures on the site. Landscaping consists of ornamental trees and shrubs, and also many fruit-bearing trees. Most of the existing trees are not irrigated by any automatic system. The topography of the site is relatively flat. Sun exposure tor the trees varies from full to partial. depending upon proximity to adjacent trees. The trees have been maintained to some extent, and have not been overpruned. Cn' ,,.d-':, ,-: /;,n-,,":'.;~'''i .,' >;¡-,rii,:," '\!I 'lr"'. ïi"" (,.... ("'t. ~)! W"} .:,' r (''''' 'f f ¡"'\ J:'" T ~ ~ tf"-> !J'1'- P):fI' t"'''" ~ ~ ,,iii t""' N· ~~ 0 'r'"" f'" :f" ;+",,'\ r: f) '",..., ; \. < r W ,Ii '1,,,.) ~\~; ~",J' \''' ~ ~1 ¡,: ,:;} t~ r.: '\,,~ ) f '1i1 t: . ~ K t: r;~, _.._,,,;~._.._...._.,,~_.~~..~,~~,,__~_.«."W._~.'_' ",.,..,_,..,,,.._"__~"H_'·~'~'~'~_'__"~"'·'_""___~·_"~..."._~~",.,,-,~'~"_ ATLAS CEDARS #1, 2 & 3 3 1 The three Atlas cedars are shown in the photos above. Tree' A' (upper left photo) is a non-specimen olive tree. Tree' Q' (upper right photo) is the south neighbOl"s cypress tree. All of the cedars have some structural quirks. such as vigorous verticc/ branches (see Glossary fOl' explanation) ,especially #3. All three trees have good vigor, but fair to fair/pool'structure. Still, I believe that these would be wOt~thwhi{e retaining on the site, end their structure can be improved somewhat through thoughtful pruning. :"Y'Ii: i::r~,,<! (.r', \,'r::,~"~;C; ~. ;O¡v:,_ (. r:.,_,·,'·lir.;C ~-'.?,~:,.¡:'~,iC::r. \/,/.;>i:., EI--:: .'~'/:"ï.",.' .d,~ n__:!" _ r:0 ~j ) ,~:, DEODAR CEDAR #4 '~1?..' . ~~." .;;¿ 4 1_'( ; ~_', "7;< ,,,,'.> :<~L ;:'\ ~. ". ,"', ¡,L..,"· . .,_",...."'.""".'~......_~_ ·.·=~~_~.',.ù._·,_·..· -"~on /",~.;t ..,.; & H(.¡~':\r.1.dL!.;'r>'."; 5i.'nlC1 ,rh,' fl";r This tree has many vigorous verticals, Some with included bark (see Glossary for explanation). On the east side of the tree (lower left photo) there is a basal branch that turns vertical and almost assumes a second-trunk status. Again, another tree with very good vigor, but not-so-good structure. As with the previous Atlas cedars however, I think it is a tree wOI,th preserving if it receives some thoughtful corrective pruning and as long as improvements are kept far enough away. CF ~;i;C:¡¡/¡ (-!;one ¿'c, ':.:<: /:,(:,~j. i (:::)_ I',). r!'?:'('~<' ---'inc'1. \l.r'ë.>,s"tË: ''(''.JI'~ ~) (0 ì );5 " ,"_..~,_."-".'"'--'.~.._, COAST LIVE OAK #5 RECOMMENDATIONS f",!:t-: G<"(~'"n:nr:!,~ i'-~ :',>:i<f D, HOi: ';':,J" Si:n',á! Ú¡¡rc ] 984 This is a relatively young and small tree that could be transplanted (it must be removed because it is within a proposed house). Note the dense foliage that extends to the ground. This is the way young coast live oaks should look. Pruning to change this appearance is not required for the health of the tree - it will be healthier if more foliage is retained. Some lower branches may have to be removed however, for digging and transplanting access. 1) Redesign the site layout so that improvements (including any over-excavation or working margins) are at least 5 x DBH from the trunks of specimen trees.!li through #5 (but preferably outside the canopy). 2) Make sure that tree trunk locaflons and tree dripllnes are accurately plo"ed on the plans, relative to the location of proposed improvements. 3) Confinue fo work wlfh me as you refine your plans. 4) Consider digging and transplanting coast live oak #5. 5) I have not reviewed grading, utility, landscape or detailed construcflon plans. These additional improvements can have impacts on trees to be saved. I should review these plans when available. These additional improvements should be kept at least 5 x DBH from tree trunks if possible. 6) Pier and grade beam foundaflons (with no excavation for grade beam) should be used for houses adjacent to trees. particularly if the improvement (or excavation for the improvement will be less 5 x DBH or less from any tree to be saved. PO :~ <f· ClI 9:'::C/':·O. F+ " ,- J!'::,~ « :- 4C:3-7?~)- ~,:.::r:·7. i!.rlê,t. Vieb ~¡t2; 'of 13 c.' ,,,~"1 t ,-(',-, 'J'/,.,. /9i,'4 7) If you are Interested In saving any of the non-specimen trees, have me review these trees and your plans for feasibiiity and to make recommendations. 8) Regarding landscaping, all of the specimen (and most other trees on this property) have existed in a non-irrigated state for many years. This status should not be changed. There shouid be no landscaping (except perhaps for a 3 to 4 inch depth of coarse wood chip mulch) within the 5 x DBH and also preferably the dripline of the tree, whichever is greater. Most of the specimen trees are species that originate from "summer dry" areas or have been maintained in/adapted to summer dry soil conditions. As a result, they are or will be very susceptible to root rot pathogens in the soil if frequent irrigation during the dry months occurs. 9) Tree Protection SDecificatlons should eventually be prepared for this project. I have not prepared such specifications at this time because it is too early in the design process. Afterwe have a final determination as to which trees can and will be saved, I can prepare these specifications. Tree Protection specifications generally include directions on fencing trees off from construction, pruning, irrigaling trees during construction, dealing with roots, etc. "'>I<**~' ** ***f_******** *,,', *.,**~. "- -,.~, ,:- "" I hope that lhis information will be helpful to you, Thank you for the opportunity to provide service. Please call me if you have questions or if I can be of further assistance. Sincerely, (])e6orali I£[[is Deborah Ellis, MS. Consulting Arbori,t & Horticulturist ASCA Registered Consulting Arborist#305, W.C.LS.A. Certified Arborist #457, Certified Professional Horticulturisf #30022 r:" ; G: 1 -:; - -"c'\· ':';,-¡IO'~'::ê;' i', ;Y~,fY';(;, ~I>:!' \/,l,"h ,:,.-., '-~-'\ 'c' ,"",;~,u\;~:~",._~f\., ,t ;:', :0(, ("- .' ,.'- " ".';.- .....".."'..,.''''.''',.- '''"___.~''''.'''.",",._,.-._.';_'_~>"'''_"~'__'"''-.'_'.'".-,,_0-,," _ ·"·_,~·~·._,.,.,.o_"'~~ '0 ~ .,""..'~~' .=P·_,,""·_··· ,,__~." SI.'fT1:.:¡-; ,I'i¡¡,~,; jiJS4 APPENDIX ¡(:;" ~ ("""1ì ';: ~ ~ ~[~ v ::';<'::~::.~';=''::~~,~.:~::Æ:~:~,_~~ :. Included bark is bark sandwiched between adjacent branches. a branch and the trunk, or two or more trunks, often appearing as a seam. In contrast. a normal attachment will have a ridge of bark protruding upwards and a continuous wood connection between adjacent members. As limbs with included bark grow, they expand in diameter, squeezing the bark along the seam. This may kill some portion of the included bark. When this occurs, a wound response is initiated. As a consequence, cracks can be generated, leading to breakage. Such detects can often be compielely removed when a tree is young (e.g. the oftending members equal or less than 2 inches in diameter). Oider, larger cuts (such as 6 inches in diameter or more) could cause decay to spread into the remaining member, which is undesirable. In these cases it may be best to thin one member (usualiy the smalier member) by 25% to slow its growth and size. 2. Vigorous vertical branches can obtain large diameter and be prone to tailure, or they can compete with the main leader of the tree. This type of branch is common in atlas and deodar cedars. Vigorous verticals seem to be more common in trees that are overpruned. The verticals tend to grow faster than more horizontal branches because vertical branches are by nature more vigorous than horizontal branches. They are offen closely spaced together (crowded) and have included bark between them. It is offen helpful to correct this habit when a tree is young: either by removing the vertical branches. When the tree is older and the removal of a large vertical branch is undesirable, it may best to thin it by 25%, primarily at the terminal end, in order to slow its growth and dominance. LIMITS OF SCQPE 1) I certify that I have no financial interest In the property or project that is the subject of this report. 2) Tree locallons were provided by Innovative Design Associates and are shown on the Tree Map. Some of the tree trunk locations may not be accurate and should be verified in the field. In some cases, tree trunk locations were not included for the tree. Therefore distance to improvements may vary from what I have estimated for this report. 3) The measures noted within this report are designed to assist in the protection and preservation of the trees mentioned in this report, should some or all of those trees remain, and to help in their short and long term health and longevity. This is not however, a guarantee that any of these trees may not suddenly or eventualiy decline, fail, or die, for whatever reason. Because a significant portion of a tree's roots are usualiy far beyond its dripline', even trees that are weli 6 Drioline: the area under the total branch spread of the tree, all around the tree. Although tree roots may extend out 2 to 3 times the radius of the drip1ine, a great concentration of active roots is often in the soil directly beneath this area. ·",__,·"_.-'_,h···..__ "._,_~.·._'m..<..·. .-O<~_-.-_,-...,.-..-.".--.- ,(, :>:: :::n:~ ,"" ',..t' "" V/ .<~';, 1_? 0:- ',. ';.;~ 5,.I'PÙ;~~ Sf"",,' 1'~' '" protected during construction offen decline, fail or die. Because there may be hidden defects within the root system, trunk or branches of trees, it is possible that trees with no obvious defects can be subject 10 failure without warning. The current state of arboricultural science does not guarantee the accurate detection and prediction of tree defects and the risks associated with trees. There will always be some level of risk associated with trees, particularly large trees. II is impossible to guarantee the safety of any tree. .-,.... .', .. :!: ,:+:r:,1 ,-' . . i '" ~"í . \¡\/,',~) ,,¡+(" .'; c+ .1.:.) TM-2004-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6282 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENT A TIVE MAP TO SUBDIVIDE A 23,158 NET SQUARE FOOT PARCEL INTO TWO PARCElS OF APPROXIMA TEL Y 11,000 AND 12,000 SQUARE FEET AT 22291 CUPERTINO ROAD SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2004-10 Cupertino Estates, LLC 22291 Cupertino Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative 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 Commission 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 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 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 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. Resolution No. 6282 Page 2 TM-2004-1O November 9, 2004 -------~----------------------------------- --------------------------------------------- NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2004-10 for a Tentative Map is hereby approved subject to the conditions which are enumerated in 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-2004-10, as set forth in the Minutes of Planning Commission Meeting of November 9, 2004, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXRIBITS The approval is based on exhibits titled: "Cupertino Estates Housing Development Lot Division & Tree Removal, 22291 Cupertino Road, Cupertino, CA" consisting of 3 sheets, dated September 29, 2004 and labeled A-O, TM-l and A-I, except as may be amended by the conditions contained in this resolution. 2. DEMOLITION The applicant is required to demolish existing structures in accordance with City demolition procedures. 3. 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. 4. BELOW MARKET RATE ROUSING Applicant shall comply with the policies in the City's Below Market Rate Housing Manual. 5. COVENANT FOR TREE PROTECTION The applicant shall prepare and record a covenant that runs with the land, acknowledging the protective status of the specimen size Coast Live Oak, three Blue Atlas Cedars and one Deodar Cedar under the city's heritage and specimen Resolution No. 6282 Page 3 TM-2004-1O November 9, 2004 ----------------- ------------- ----------------------- tree ordinance. The covenant shall be reviewed and approved by the City Attorney. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 6. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 7. 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. 8. STREET LIGRTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 9. FIRE HYDRANT Fire hydrants shall be located as required by the City. 10. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 11. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 12. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. 13. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 14. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. Resolution No. 6282 Page 4 TM-2004-1O November 9, 2004 -~------ ------------------------- 15. 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. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. 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. 16. 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. Grading/Improvement Permit: $ 5% of On and Off-Site Improvement Costs $ 1,000.00 $ 769.13 b. Development Maintenance Deposit: c. Storm Drainage Fee: d. Power Cost: e. Map Checking Fees: f. Park Fees: ** $ 3,250.00 $ 15,750 Bonds: a. On site Grading Bond: 100% of site improvements. b. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100% Performance Bond -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 schedule. ** Developer is required for one-year power cost for streetlights 17. 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. Resolution No. 6282 Page 5 TM-2004-l0 November 9,2004 -------------------------------------------- ------------------------------------------- 18. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMF plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. Identify all Pre-and Post development BMPs that will be installed on and off-site. 19. WORK SCREDULE A work schedule shall be provided to the City to show the timetable necessary for completion of on and off site improvements. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. I al Ralph Oualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 9th day of November 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and Chairperson Saadati COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Isl Steve Piasecki Steve Piasecki Director of Community Development Isl TaghiSaadati Taghi Saadati, Chairperson Cupertino Planning Commission TR-2004-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6283 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYINGA REQUEST TO REMOVE FIVE SPECIMEN SIZE TREES: ONE COAST LIVE OAK, THREE BLUE ATLAS CEDARS AND ONE DEODAR CEDAR SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2004-09 Cupertino Estates, LLC 22291 Cupertino Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to removal five specimen size trees, as described in this Resolution; and WHEREAS, the Planning Commission finds: A. That the tree is not irreversibly diseased, is not in danger of faIling, does not cause potential damage to existing or proposed essential structures, or does not interferes with private on-site utility services; B. That there are alternative site development plans that can avoid the cedar trees and retain them on the property. C. That the Coast Live Oak is young enough to be transplanted elsewhere on the property. 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 not 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 Resolution No. 6283 Page 2 TR-2004-09 11/09/04 Application TR-2004-09, as set forth in the Minutes of the Planning Commission Meeting of November 9, 2004 are incorporated by reference herein. PASSED AND ADOPTED this 9th day of November 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Saadati COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: f sf Steve Piasecki Steve Piasecki Director of Community Development f sf Taghi Saadati Taghi Saadati, Chairperson Cupertino Planning Commission G:\Planning\PDREPORT\RES\ TR-2004-09 res. doc .,.. = ... .... ~ ~ !::J -<~:...~ IIoIoI-<O\~ -< tJ u;9 <'Z ~~~ =f:j<~'ÕÕ' .. ~>== ~ Z -< ~ ~~ <:=~~ ..~ 1JO:æS~< ~Þ-:l1t} CI.I ~~ z ~ . wð ~ !iiSi t;; ... z ~ 0 it: ~ ~e~ I .... «... 0 . u 0'" ~~ ~B~ 2 ~ ::1"- ~ ~ . w ! ï ¡!: ~ t;¡ ~ ~ ~ '3'" ~ ¡; o i ffi¡¡.~ I ~ ~~ F ~ ~ ~~ª i E ã Z '-If" ~~ ~: ~ ~ ß'" ï ~ 0 ... . ~ 0 ~ w ~ ßî~ ffi ¡!;" ~.:¡ ~ en ~~ ~;¡~ ~ w 0 @5 ~~..J ~ ß ~~ ~~j !oJ ... au-... ~ ~; g~; ~ .... ~ ~ g;¡ ~ 0 CC ~ ~! Š. D.. In 0 ....I? 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