TR-2009-09bCITY OF
CUPERTINO
January 25, 2010
Tim Fitzgerald
10 San Bruno Avenue
Morgan Hill, CA 95037
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
COMMUNITY DEVELOPMENT
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER -Application TR-2009-09:
This letter confirms the decision of the Director of Community Development, given on
January 25, 2010 approving a Tree Removal Permit to remove five (5) trees located at
various locations within the Northpoint Homeowners Association complex at 10880
Northpoint Way, with the following conditions:
1. APPROVED PROTECT
The approval is based on the tree removal and replacement justification letters
dated August 26, 2009 and November 25, 2009 respectively; and associated plans
submitted by Tim Fitzgerald, certified arborist ISA# WC-4439 with Medallion
Landscape Management, Inc.; except as may be amended by the conditions of
approval contained in this letter. The trees to be removed are identified as trees
A-E in the justification letters.
2. TREE REPLACEMENTS
The applicant shall be required to plant replacement trees on the property in
accordance with the tree replacement requirements of the City's Protected Trees
ordinance as stated in the table below and in accordance with the tree
replacement plan provided by the applicant. The replacement trees shall be
required to be planted within 60 days of the effective approval of this
application, no later than Thursday, March 25, 2010.
TR-2009-09
Northpoint HOA-10880 Northpoint Way Pale 2
Trees Removed Required Approved
Species, location Diameter at base replacement trees Replacements
hei ht
Tree A -Monterey Pine 27" (10) 24" box trees One (1) 36" box
(10930 Northsky Sq.) or (5) 36" box Jaquemont Birch
trees, or combo
Tree B -Monterey Pine 25" thereof in One (1) 36"box
(10930 Northsky Sq.) accordance Jaquemont Birch
w/ordinance
Tree C -Canary Island 24" One (1) 36" box
Pine (20064 Northwind Brisbane Box
Sq.)
Tree D-Canary Island 19" One (1) 36" box
Pine (20064 Northwind Brisbane Box
Sq.)
Tree E -Blue Gum 21" One (1) 36" box
Eucalyptus (10968 Jaquemont Birch
Northshore S .)
3. IN-LIEU TREE REPLACEMENT FEE
In the event a replacement tree cannot be planted on the property as determined
by the Director of Community Development, the applicant will be required to
pay an in-lieu tree replacement fee based upon the purchase and installation cost
of the replacement tree(s) in compliance with the City's Protected Trees
ordinance.
4. 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.
Staff has made the findings necessary to grant the tree removal permit in accordance
with Section 14.18.180 of the Protected Trees Ordinance. Please note, however, that an
appeal of this decision can be made within 14 calendar days from the date of this
letter. If this happens, you will be notified of a public hearing, which will be
2
TR-2009-09
Northpoint HOA-10880 Northpoint Way Page 3
scheduled before the Planning Commission and the trees cannot be removed until a
final decision on the appeal has been made. If no appeal is made within the appeal
period, the trees may be removed after Monday, February 8, 2010.
Sincerely,
George Schroeder
Assistant Planner
Enclosures:
Tree removal justification letter s from Medallion
Landscape Management, Inc. dated August 26, 2009
Tree replacement justification letter from Medallion Landscape Management,
Inc. dated November 25, 2009
Tree removal plan
Tree replacement plan
Letter from Northpoint HOA dated November 19, 2009
CC: Northpoint HOA,10880 Northpoint Way, Cupertino, CA 95014
Alan Chung, 10968 Northshore Square, Cupertino, CA 95014
Jeanne Hirsh, 20024 Northwind Square, Cupertino, CA 95014
G:\Planning\Tree Removal Staff Level\Action Letter\2010\TR-2009-09 Actionletter.doc
MED! LLION LANDS"APE
MANAGEMENT, INC.
Report on Tree Removals at Northpoint HOA
Prepared by Tim Fitzgerald - ISA Certified Arborist # WE-7594A
Medallion Landscape Management
June 18, 2009
Revised August 26, 2009
The following is a report on fiver (5) trees being requested for removal at the Northpoint HOA.
The report is based on a site visit on June 8, 2009.
Tree A: is a Monterey Pine with a circumference of 85", located at the side ofl0930 Northsky.
The tree has multiple large roots invading the property doing damage to the fence around the
patio of the home. The tree is located within 16" of the fence line making the cutting of the roots
a hazard to the trees health and stability. On the opposite side of the tree the roots are raising the
sidewalk by almost 2 ". Photos attached
Tree B: is a Monterey Pine with a circumference of 79" and is also located on the side of 10930
Northsky. This tree has multiple large roots that have damaged the sidewalk in the past. The
sidewalk has been repaired and several lazge size roots were cut and removed for the repair.
However the roots of this tree aze continuing to damage this sidewalk and have now raised it in
two locations, one location by almost 2" and the other location by almost 1 ". Photos attached
Tree C: is a Canary Island Pine with a circumference of 76" and is located at the patio fence to
the left of the front door at 20064 Northwind. This tree also has multiple lazge roots invading the
property doing damage to the fence and patio of the home. The patio of this home is having to
replace a portion of their patio do to the roots lifting and damaging it. Proposal of repairs
attached.
Tree D: is a Canary Island Pine with a circumference of 59" and is located just to the left of the
front door of 20064 Northwind. This tree has a co-dominate leader with included bark. Included
bark is the formation of bark tissue enclosed between two branches, with narrow angles of
attachments, which form a wedge of unattached wood between the branches. If this crotch fails
the leader will most likely fall in the direction of the house, do to the commonality of
co-dominant leaders pushing away from each other when they fail. The removal of this leader
would leave a wound to lazge to heal properly and~would ~most~ likely Leave the trek compromised.
._.
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10 San Bruno Ave. Morgan Hill, CA. 95037 • ~50U~I3eerwood ~Rd:, San Ramon; C~ -94583 ~ y ``~ ~-' ~''
(408)•~9~3696' FAX (408) 279-7098 1-800-440-MLMI
Cont. Lic. #C27-713234 PC Lic. #50084 Cert. Arborist WC-4439
~~_ 7~Z^7~~www.mlmi.com
MED! LLION LANDS"'APE
MANAGEMENT, INC.
Tree E: is a Eucalyptus with a circumference of 67" and is located behind 10968 Northshore.
This tree has had several limbs break out of it and fall on the sidewalk and the privet residence
patio. The tree is a hazard to the public.
All trees are scheduled to be replaced, tree type and location on attached Tree Replacement site
map.
Tim Fitzgerald
Horticulturist -Medallion Landscape
ISA Certified Arborist
Licensed QAL, CLIA, CLT
40&279-7090
._
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10 San Bruno Ave. Morgan Hill, CA. 95037 • 500 Deerwood Rd., San Ramon, CA 94583
(408) 279-7090 FAX (408) 279-7098 1-800-440-MLMI
Cont. Lic. #C27-713234 PC Lic. #50084 Cert. Arborist WC-4439
www.mlmi.com
MED! LLION LANDS"'APE
MANAGEMENT, INC.
Tree Replacement Justification
November 25, 2009
There are two different species of trees to be used as replacement for the five (5) trees being
requested for removal, Betula pendula and Tristania laurina.
Two of the Betula (Birch) trees are to be planted by the clubhouse in the lawn area, where
they will have adequate water and space to grow.
The other Birch is to be planted behind 10968 Northshore to incorporate with other
eacisting Birch in this planter.
The two Tristania laurina for the planter by 20064 Northwind were chosen for their
upright growth habit which will do well in this limited area.
Tim Fitzgerald
Horticulturist -Medallion Landscape
ISA Certified Arborist
Licensed QAL, CLIA, CLT
408-279-7090
,~
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10 San Bruno Ave. Morgan Hill, CA. 95037 • 500 Deerwood Rd., San Ramon, CA 94583
(408) 279-7090 FAX (408) 279-709$ 1-800-440-MLMI
Cont. Lic. #C27-713234 PC Lic. #50084 Cert. Arborist WC-4439
www.mlmi.com
MEDALLION LANDSCAPE MANAGEMENT, INC
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WORK COMPLETED DATE: -- COMPLETED BY: - -
11/18/2009 21:56
4089960^"~
hdORTHPaINT
PAGE 02!02
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Affiliations:
California Association
Of Community Manq~ers
Community Association
Institute
ExecufiYe Council of
Homeowners
Tri-County Apartment
Assotiotion
California Association
QF Realtors
National Association
df Raaftors
f~840 Via Del pro
Suite 265
Son Jose, California
95119
-~09 -nq
.
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November 19, 2009 0
U ,
Northpoint Homeowners Association
10880 Narthpaint U1(ay
Cupertino, CA 95014
408-996-3734
City of Cupertino
Community Development Department
Re: Rernaval of 5 trees
To wham it may concern;
The Board of Qirectors far Northpoint Homeowners
Association has voted and approved the removal of
five {5) protected trees.
Thank you,
Linda Starnes
On Site Manager
~)
L'
d08-229-b040
fax X08-229-6401