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TR-2010-39b OFFICE OF COMMUNITY DEVELOPMENT �,. CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT 1 N O (408) 777-3308 • FAX (408) 777-3333 • plannin�C�cupertino.org March 8, 2011 Shawn Taheri Modena investment, LP Sunnyvale Holding, LLC 14550 Oak Street Saratoga, CA 95070 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2010-39: This letter confirms the decision of the Director of Community Development, given on March 8, 2011, approving a Tree Removal Permit to remove and replace two (2) protected Coast Live Oak trees and prune more than 25 % of the canopy of a third Coast Live Oak tree located at 21265 Stevens Creek Boulevard, with the following conditions: 1. APPROVED PROTECT The approval is based on the ASCA-Certified Arborist report prepared by David Babby dated April 7, 2010 titled "Tree Removal Permit Application - Oaks Shopping Center, 21265 Stevens Creek Boulevard, Cupertino," except as may be amended by conditions in this resolution. 2. TREE REPLACEMENTS The applicant shall be required to plant six (6) 36" box Coast Live Oaks in accordance with the City's Protected Trees Ordinance and the tree replacement plan. The required replacement tree shall be planted within 30 days of the effective approval date of this tree removal permit. 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EX_ACTIONS 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 TR-2010-39 21265 Stevens Creek Boulevard Page 2 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. Sincerely, Colin Jung, AICP Senior Planner Enclosed: Tree Replacement Sites dated Apri17, 2010 � ARBOR RESOLiRCES profess�onal consulting a r bo rists and tree care April 7, 2010 Colin Jung Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 RE: TREE REMOVAL PERMIT APPLICATION - OAKS SHOPPING CENTER 21265 Stevens Creek Boulevard, Cupertino Dear Mr. Jung: You have asked me to review the proposed removal of four coast live oaks (Quercus agrifolia) that are located at the above-referenced site and presented in the report by Mr. , James Scott, dated 2/11/10. The trees are assigned #3, 4, 6 and 9 by Mr. Scott, and their locations are identified in the map below. For this assignment, I viewed the trees during a site meeting with Mr. Scott on 3/16/10, and again during a subsequent visit on 3/25/10. This report presents my observations, conclusions and recommendations. � � �° _ � ,, � ,. � - .�� \ �{. . . ;.:, � - ... ... . . ..... . .. . . _� '. . �._ � , .. . �' ., • { � u�AV �truxr C �l ' _. lj � Y ` - ' , . y , � _ � -- - , >_. �- ._.. _______ , , _ ,, �,: _._ .�� _ , � ; . _ . _ ; , � ... , � , � _ ,.. ��, ,_ . .. _ . . .. . , �� ;� -�. � ��. � te3 �,, . L ._ _ _ __ , ,_ . �� " � �� __ � ; � ! � � ` , . t � _ . ,, ,rr'- , �* , ; �� G� �' ' � � ;. � '�,:o'c3 � ' ( h; { ,\ . .. � l� . �� ; a .., � � _.. . ,. ,_._ .> t . , `��'� ,. � �� t,'t �l q _� E__.,_ :. -.,` .�� . ,� t �,• � i ` i`� . �. � • r � i t �J 1 - .. .: __ , _ . . .-� � i � , - 1 . ,�'{ . � ��. 1 � 4 �_� t— t � - � � � : � y � �t �.,, -+(' 1 � � � • � __� �.s ar � �s� `.l l �� .w : � v ' i �� 4 tz�.i . , i � sr �� ' e } - � i E ' q ( ' # " I ... e ....... __�_ _ 2� i1 � ' �7-'."—�`'�� `� � - y _ _ � �,� � . � t�. ` A � ; � � , �.,,�, -� _ . .r_ ,,., _ , �.�.�. `, , ._ . .-f_. � °` �# t - iled o� �. I , . . � � .� `h . � - , � �. J � � . �� i . __. . ;, , _ _ ��I . . ;� ' 3 i � � v,.., ,.,,,. t �.., . � PpEt IMINARV SfTF_ Pt}+N B ... _. .. _ . _. _. .. _._ -- . �H� .�._ . . ._ . . p.o. bvx 25295, san ma"teo, cal�forn�a 9440Z • email: arborresources@comcast.net phone: 650.654.335 I ■ fax: 650.240.0777 • licensed contractor #796763 ARBOR RES�LIRCES pro consulting arbor,sts and tree care April 7, 2010 21265 Stevens Creek Boulevard page 2 of 6 Tree #3: Recommendation — remove ��,� , This tree (see photo to right) is situated at the �� "�� '� � �; ° t°, northwest side of The Shane Company, immediately '' a° , .,�r, aW west of the oak that recently failed. It has a trunk °''' diameter of 39.3 inches (measured 54 inches above `� � .� ' grade) and an approximate height of 45 feet. Its ix � canopy spreads an estimated 45 feet across, and is i�, I�� ,.� r �z highly asymmetrical as it grows mostly towards the south and southwest directions. This tree is in decline as indicated by the major dead �� 3 �s �:: �-v H` �''.e%�:., limbs and very sparse canopy. I also discovered, '�� through digging around the root collar and drilling, that there is extensive and advanced internal decay of the lower trunk and root area, and Armillaria root-rot fungus has infected the base and roots. Based on the above information, it is my opinion that this tree presents a serious threat of failing at anytime, and should be removed as soon as possible. Tree #4: Recommendation — remove This tree is situated immediately south of the entrance to The Shane Company. It has a trunk diameter of 42 inches (measured at 54 inches above grade), an approximate height of 40 feet, and an estimated canopy spread of 70 feet across. p.o. box 25295, san mateo, cal�forn�a 9440z • email: arborresources@comcast.net phone: 650.654.335 I ■ fax: 650.240.0777 ■ licensed contractor #7J6763 ARBOR RESOURCEs � profess�onal consu lting arbor�sts and tree care April 7, 2010 21265 Stevens Creek Boulevard page 3 of 6 ,,� The tree (see photo to left) appears �° �.,_�� - viable, but somewhat stressed due ��. to its sparse canopy. Its overall structural integrity is the primary '�" concern due to a large cavity filled r �; with concrete along the main trunk, � '��,,� ��°�� :� as well as decaying wounds and �� , defects along the four dominant leaders. : �. _ ; The most notable wound and public safety threat is along the leader over the sidewalk. It ' accounts for an estimated 25-percent of the canopy, and the wound begins along the leader about three feet from the main trunk and extends for approximately eight feet. Other wounds and defects, although not seemingly as significant at this time, do require attention to reduce the risk of large limb failure. To adequately achieve this, however, such a significant amount of the canopy would require removal that the tree's form and appearance would be adversely impacted, and the undesirable growth of rapidly growing and weakly attached branches would result. � Based on the above information, the removal of this tree should be permitted. p.o. box 25295, san ma"teo, cal�forn�a 94402 • email: arborresources@comcast.net phone: 650.654.335 I � fax: 650.240.0777 ■ licensed contractor #796763 ARBOR RESOLIRCES profess�onal consu arb and tree care April 7, 2010 21265 Stevens Creek Boulevard page 4 of 6 � Tree #6: Recommendation — prune This tree (see photo at bottom left) is situated within a planter between Sushi Ya and Dance Academy USA. It appears as the dominant oak at the site, with a trunk diameter of 49.4 inches (measured at 54 inches above grade), an approximate height of 45 feet, and an 80-foot canopy spread. The tree appears in general good health, although it has a sparse upper canopy. Its structure does have numerous decaying wounds caused by the past failure of major limbs, some certainly of greater significance that others. Based on my overall observations, the potential risk of future limb failure can seemingly be effectively addressed through reducing weight of major leaders and limbs, and also possibly readjusting or (re)installing support cables. As such, and when considering the tree's size, its significance to the site, and necessary removal of a seemingly high number of other more structurally compromised trees on-site (including those removed around 2004 and the failure of tree � #1), its removal at this time does not seemingly conform to Section 1.41.4.180 of the City Code. :� Note that pruning and any cabling � , ��°� � shall be performed according to ��ti i� �� II �� ,, �� Nli� ��,� ��°' �� ,�l i �� i" � professional industry standards set �' forth by ANSI, by a California state-licensed tree service company (D-49 classification), and under the ��` � �� direction and supervision of an ISA (International Society of x -� Arboriculture) certified arborist. � p.o. box 25295, san mateo, cal�fornia 94402 ■ email: arborresources@comcast.net , phone: 650.654.335I • fax: 650.240.0777 ■ licensed contractor #7967G3 � ARBOR RESOLIRCES profess�onal co n su lting arbor�sts and tree care April 7, 2010 21265 Stevens Creek Boulevard page 5 of 6 Tree #9: Recommendation — remove This tree (see bottom left photo) is situated within a planter along Stevens Creek Boulevard, immediately across from the Coffee Society and Jamba Juice. It has a trunk diameter of 40 inches (measured at 35 inches above grade), is an estimated 35 feet tall, and its canopy overhangs the parking lot and extends approximately 50 feet across. The tree appears healthy, however has a major structural defect of a massive hollow or cavity that is situated along the southwest side of the trunk and extends approximately 6.5 feet high from grade (see white arrow at bottom right photo). It forms a conical shape, and is about 23 inches wide at the top, and nearly 22 inches deep. Drilling inside and beyond the cavity wall in all directions, I determined that decay extends an additional seven inches inside the trunk, and only about one-third of the wood is sound (or nearly two-thirds of the lower trunk is decayed). � !`i i' I i � � �d� �„�. �� , � i � � ar ! �+ } ti+ �� ' �, t�� . ji � � �° .�� f` � E f� +tia=.� � �. � �iy� � m � � I , I� � L i � I ( @ � y4 F � ``� . .�• + � � � v .... . ..� . .: ....." 3. '�. tt. . ...... . „ �...:� . _ .. ,� � .. p.o. box 25295, san mateo, cal�forn�z 94402 ■ emaii: arborresources@comcast.ret phone: 650.654.335 I � fax: 650.240.0777 ■ licensed contractor #7967E3 ARBOR RES�LiRCES pr consu lting arborists and tr�e care April 7, 2010 21265 Stevens Creek Boulevard page 6 of 6 Based on the above information, I recommend this tree be removed as soon as possible as it presents a significant risk of failure that, in my opinion, cannot be appropriately mitigated. Additional Information —�— � �.�, There is another tree (in photo to right) not discussed in Mr. .; Scott's report but should be scheduled for removal due to t _�. �', ,��.�� -. having an severely sparse and declining canopy, and � appearing well-beyond recovery. It is identified as #5 on the ��` �� x map (and its trunk tagged as such) and has a trunk diameter of about 30 inches (measured at 54 inches above grade), an approximate height of 35 feet, and an estimated canopy spread of 30 feet across. Another item to note is that there is a missing oak adjacent to the one that failed; on the map, it is identified by the small dot to the immediate right of the failed tree. It had a trunk diameter of four inches, was about 15 feet tall, and had a 10-foot canopy spread. Based on the by Barrie D. Coate, dated 8/16/04, this appears to have been a new tree installed as a replacement and condition for the removal of a previously existing oak. Sincerely, . �'��1�,� � • r, :� ._ r. ,�� ; David L. Babby l �'�_ „ Registered Consulting Arborist #399 � �:. `� � Board-Certified Master Arborist #WE-4001 B ' p.o. box 25295, san mateo, cal�forn�a 94402 ' email: arborresources@comcast.net phone: 650.�54.335 � ■ fax: �50.240.0777 ■ licensed contractor #796763 ARBOR RESOLIRCES ,. , pr o f essio n a! co n su lting arb and tr c are April 7, 2010 Colin Jung , Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 RE: TREE REPLACEMENT SITES - OAKS SHOPPING CENTER 21265 Stevens Creek Boulevard, Cupertino Dear Mr. Jung: You have asked me to identify potential sites, confined to the eastern section of property, where new oaks can be installed to replace those discussed in my previous report dated Apri17, 2010. Based on my review, I offer the following five locations: a. One of 48-inch box size about 20 to 30 �` �� ' ��:�,�,w,�-° ��-! -,� �� n`�l � i� feet east of the oak that previously �:'"�' ��` �� ' � � "`^, � � �v�i� --., , ��i� ` �' '�(� a�..+ 1 failed (to replace a previously existing �': '� "�' �,��. ,` `� t ' � �, �r � .��.� ; four-inch diameter oak that was _'�� 0,: �` �____� �, M � ° �� ,. "._� - �� a b� � a � �,� assumingly damaged and removed upon �� ---�!'�: �! c N^ _�� __ _ _ ,, . the previous oak failing). �`�" � � � b. One of 48-inch box size about five to ten feet west of recently failed oak. c. One of 48-inch box size about five to ten feet (any direction) from tree #3's trunk. d. One of 48-inch box size possibly five to ten feet south of tree #4's trunk. e. One of 48-inch box size at or very near tree #9's trunk. Please contact me with any questions. Sincerely, ��,,/ 1,..� 4 � - �_� � ` .� �r �� . � David L. Babby � �,�;;�`� � Registered Consulting Arborist #399 �`,; �; "`'� \:= Board-Certified Master Arborist #WE-4001 B � p.o. box 25295, san mateo, cal�fornia 94402 • emaii: arborresources@comcast.net phone: 650.654.3351 � fax: �50.240.0777 ■ licensed contractor #7J6763