CC Resolution No. 16-051 Approving a Appeal and Upholding the City Manager's April 4, 2016 Decision to Deny and Appeal of a Director's Penalty Fee Assessment for Damage Done to a Protected Street Tree with a Reduced Penalty Amount of $9,000RESOLUTION NO. 16-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN APPEAL AND UPHOLDING THE CITY MANAGER'S
APRIL 4, 2016 DECISION TO DENY AN APPEAL OF A DIRECTOR'S
PENAL TY FEE ASSESSMENT FOR DAMAGE DONE TO A PROTECTED
STREET TREE WITH A REDUCED PENALTY AMOUNT OF $9,000
SECTION I: APPEAL DESCRIPTION
City Tree Asset: #TR5271110A (removed)
Appellant: Li-erh Wang;
Location: 10779 Brookwell Drive (APN #369-21-013)
SECTION II: FINDINGS
WHEREAS, the City Council of the City of Cupertino received an appeal of the
City Manager's April 4, 2016 decision; and
WHEREAS, the necessary public notices have been given as required by the
Procedural Ordinance of the City of Cupertino; and
WHEREAS, the City Council finds as follows with regard to this appeal:
1. Cupertino Municipal Code Chapter 14.12: Trees, includes but it is not
limited to, establishing the purpose, responsibility, enforcement,
prohibited acts and penalties related to planting and maintenance of
public trees. Per this Code:
a. The City is solely responsible for the planting, management and
care of public trees.
b. Property owners are responsible for notifying the City of
hazardous or damaged street trees in the right-of-way in front of
their homes.
c. It is unlawful and it is prohibited for any person other than the
Tree/Right of Way Supervisor or his/her designee, for any person
to engage in, cause or allow a public tree to be removed, cut,
trimmed or cause the same to be done.
Resolution No. 16-051
Page 2
2. As early as 2012 and again in 2013, the appellant had requested and
received root pruning for pathway and driveway repairs on south side of
the public tree.
3. On April 6, 2015, Appellant applied and received building permit
#15010145 for the addition of 629 square feet of living area, replace 4"
sewer line and existing water line from house to connection at street.
Requirements of permit include:
a. "Contractor shall review City Detail 6-4 on tree protection prior to
accomplishing any work or removing any trees".
b. "It is the responsibility of the contractor and subcontractors to
check and verify all dimensions and conditions indicated on these
drawings and make known any discrepancies pnor to
commencing their work"
c. City street tree to remain, contractor shall protect existing tree and
tree roots from any damage per City Standard Detail 6-4
4. On March 12, 2015 City notified appellant in writing that appellant could
only remove roots a distance beyond 5X the diameter of the trunk. (16 feet
4 inches).
5. On November 24, 2015 staff met appellant on site to follow up on
appellant's second request to remove the public tree and found the public
tree severely damaged.
6. On December 16, 2015 the public tree was removed by City due to a 18"
wide trench as close as 32" to the public tree had been dug severing
multiple large diameter roots ranging from 3" -14".
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the facts, exhibits, testimony and other
evidence submitted in this matter, subject to the conditions which are
enumerated in the Resolution,
Resolution No. 16-051
Page3
The appeal dated April 15, 2016 is hereby APPROVED, and the City Manager's
April 4, 2016 decision is UPHELD with a reduced penalty amount of $9,000 .
Prior to seeking judicial review of this decision, any interested party, including
the applicant, must file a petition for reconsideration with the city clerk within
ten days after the date of the mailing of this decision under Municipal Code
2.08.096. The time for an appeal of a final decision is governed by Code of Civil
Procedure Section 1094.6.
PASS ED AND ADOPTED at a Regular Meeting of the City Council of the City of
Cupertino the 171h day of May, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED:
'
Barry C