ORD 1958 - Laserfiche WebLink

Ordinance No. 1958 Page 7 of 17 ($25,000). This cash bond or security shall be retained for one year following completion of construction and shall be forfeited if the tree is removed, destroyed, or disfigured. If the tree is removed, destroyed, or disfigured during construction, the applicant shall pay a fine in the amount equal to the appraised value of the subject tree. If the fine based on the appraised value of the tree(s) exceeds the bond amount, the applicant shall pay the difference between the bond and the appraised value of the subject tree(s). 33. Prior to issuance of a building permit, the applicant shall submit a report from a certified arborist acceptable to the City evaluating the potential impacts from the new masonry wall on the existing valley oak tree near the southeast corner of the site (tree no. 38 in the tree report prepared for this project by Traverso Tree Service dated March 5, 2007). The arborist shall make recommendations on the location and construction of the wall to ensure the survivability of the valley oak tree. The final location and construction of the southerly portion of the masonry wall shall be subject to the review and approval by the Planning Director. 34. Protective chain link or securely staked nylon fencing shall be installed around the existing trees to be saved during all construction activities. The location of said fencing shall be subject to the review and approval of the Planning Director. In addition, the following tree preservation methods shall be followed: a. The applicant shall utilize his best efforts to locate any new utility trenches outside the dripline of the existing trees to be saved. If this is not feasible, then the applicant shall submit a report from a certified arborist acceptable to the City that indicates the trenching will not be detrimental to the health of the trees. b. No oil, gasoline, chemicals, or other harmful materials shall be deposited or disposed within the dripline of the trees or in drainage channels, swales, or areas that may lead to the dripline. c. No signs, wires, or ropes shall be attached to the trees. d. No stockpiling/storage of construction materials, fill, etc., shall take place underneath or within 5 feet of the dripline of the existing trees. e. No equipment or temporary structures shall be placed within or beneath the dripline of the existing trees. Failure to comply with these requirements may result in a stop-work order. 35. The property owner shall enter into an agreement with the City, approved by the City Attorney, which guarantees that all landscaping installed as part of this project, including the existing and new landscaping in the City right-of-way along the project's Sunol Boulevard street frontage, will be maintained at all times in a manner consistent with the approved landscape plan for this development. Said agreement shall run with the land for the duration of the existence of the structures located on the property. 36. The final design of the monument sign shall be shown on the plans submitted for issuance of building permits and shall be subject to review and approval by the Planning Director prior to issuance of building permits. Unless otherwise approved by the Planning Director, the monument sign shall utilize applied metal letters with external spot 7