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TR-2011-50b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT I N 0 (408) 777-3308 • FAX (408) 777-3333 • planning�a�cupertino.orq October 12, 2011 Neil Woolner Arborwell Resources, Inc. 2337 American Ave Hayward, CA 94545 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2011-50: This letter confirms the decision of the Director of Community Development, given on October 12, 2011, approving a tree removal permit to remove one (1) Coast Redwood (Sequoia sempervirens) tree on the western portion of property located at 18920 Forge Dr with the following conditions: 1. APPROVED PROTECT This approval is based on the arborist report prepared by Consultant Arborist David Babby (Certified Master Arborist WE-4001B), dated August 25, 2011, consisting of 3 pages and entitled: Coast Redwood #203, 18920 Forge Dr, Cupertino, except as may be amended by conditions in this resolution. 2. TREE REPLACEMENT The applicant shall plant two (2) 24-inch box Chinese Elm (Ulmus parvifolia) trees in a planter area just south of the Coast Redwood tree proposed for removal. The replacement trees shall be planted within 30 days of this approval. 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. 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 the mailing of this decision. If this happens, you will be notified of a public hearing, which will be 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 tree(s) may be removed after Wednesday, October 26, 2011. Sincerely, �— Simon Vuong Assistant planner (408) 777-1356 simonv@cupertino.org cc: Paul Cerbrowski, Apple, Inc.,1 Infinite Loop, MS 48-1M0, Cupertino, CA 95014 Dave Muffly, Apple, Inc.,1 Infinite Loop, Cupertino, CA 95014 ARBOR RESOLIRCES ____ professional consulting a r bo rists and tree care August 25, 2011 Simon S. Vuong Community Development Department D City of Cupertino RECEI� 10300 Torre Avenue Fu � 6 � `°; ��� Cupertino, CA 95014-3255 �:.� ��:.., ,�,,,� �� ��,i ,. _,,.� RE: COAST REDWOOD #203 ' `�`r'� 18920 Forge Drive, Cupertino �� ��� —� � � �, , t. . .. ,., a � . . .., . .,. .,. . . . .. ... ..�. Dear Mr. Vuong: �� You have asked me to review the proposed application to remove one coast redwood (Sequoia sempervirens) from 18920 Forge Drive, Cupertino. Per the applicant's arborist report, dated 7/11/11, it is iny understanding that Apple is requesting a removal permit to improve ADA accessibility at the building's western entrance. I viewed the tree on 8/17/1 l, and this letter presents my observations and conclusions. Based on the site, it is assumed that the subject redwood was planted or retained as part of a previously approved and planned development. As such, it is considered regulated and defiued as a"protected tree" pursuant to Section 14.18.035(C) of the City Code. OBSERVATIONS The subject redwood, assigned #203 in the applicant's report, is located along the west side of the existing building, immediately adjacent to existing concrete stairs; photographs and a map of its location are presented within the applicant's report. It has a reported trunk diaineter of nearly 31 inches, and appears in viable or overall stable condition. The tree has an asymmetrical and narrow growth habit, and is adjacent to and shares growing space with the more dominant redwood #202. Compared to tree #202, the subject tree appears to have a highly confined canopy and be relatively insignificant. p.o. box 25295, san mateo, california 94402 • email: arborresources@comcast.net phone: 650.654.335 I ■ fax: 650.240.0777 ■ licensed contractor #796763 ARBOR RESOLIRCES _. __ professio co arborists a tree care August 25, 2011 18920 Forge Drive page�2 of 3 DISCUSSION The subject redwood has outgrown its planter area, and presents an imminent threat of damaging the adjacent staircase. Coast redwoods have an expansive trunk growth that is found at soil grade (called a"lignotuber"), and this growth can be nearly twice the reported trunk diameter. Any hardscape in contact with this area can become significantly damaged; for this tree, the staircase would be damaged. Measures to avoid damage from occurring would result in the removal of roots that serve to anchor the tree, and consequently, the tree would be subjected to instability and decline. There does appear reasonable space to shift any future staircase or walkway away from the trunk, and potentially construct the features with a minitnal or no-dig design. However, when considering the tree's overall inferior condition and appearance, design modifications and alternative construction methods do not seem warranted. CONCLUSIONS Based on my observations and review, it is iny professional opinion that removal of tree #203 conforms to the intent and purpose of Section 14.18.180 of the City Municipal Code. By its removal, additional growing space would benefit tree #202, and the area vacated by #202 will facilitate ADA upgrades within the surrounding area. To mitigate the tree #202's loss, the applicant's report proposes installiug two Chinese elm trees of 24-inch box size within an existing planter immediately south of the redwood trees' location (the location can be viewed in the applicant's report). p.o. box 25295, san mateo, california 94402 ■ email: arborresources@comcast.net phone: 650.654.335 I ■ fax: 650.240.0777 ■ licensed contractor #796763 ARBOR RESOLIRCES ._ _ professional consulting ar bo ri sts and tree care August 25, 2011 18920 Forge Drive page 3 of 3 The size and amount conforms to Table A of the City Code, and in my opinion, the proposed species and location appears appropriate. The new tree should be installed, including necessary irrigation, by an experienced state- licensed landscape contractor and/or a professional tree company. The method of installation should conform to the standards established by the ISA (International Society of Arboriculture). I also suggest the tree is double-staked, and irrigation be in the form of an automatic drip or soaker hose system placed on the soil surface and not in a sleeve. Sincerely, �� G - � David L. Babby o .�`'= �n `\�� � Registered Consulting Arborist #399 ��.._ ��, ;','� Board-Certified MasterArborist #WE-4001B � _�'� p.o. box 25295, san mateo, california 94402 ■ email: arborresourcesQa comcast.net phone: 650.654.335 I ■ fax: 650.240.0777 ■ licensed contractor #796763