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TR-2011-41b OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT ! N O (408) 777-3308 • FAX (408) 777-3333 • planning C cuqertino.org November 17, 2011 Ananth Narayan 7920 August Lane Cupertino, CA 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER — Application TR-2011-41: This letter confirms the decision of the Director of Commuiuty Development, given on November 17, 2011, approving a tree removal permit to remove five (5) Deodar Cedar trees on property located at 7920 August Lane with the following conditions: 1. APPROVED PROTECT The approval is based on the justification statement and arborist report with site plan prepared by Richard Smith, Arborist ISA certified WE8745A, on August 12, 2011, except as may be amended by conditions in this approval. 2. TREE REPLACEMENTS The applicant shall be required to plant ten (10) 24-inch box trees as replacement trees in accordance with the tree replantulg plan (See attached tree planting plan) submitted by the applicant and the City's Protected Trees Ordinance. The required replacement trees shall Ue planted within 60 days of the effective approval date of this tree removal permit. 3. PROTECTED TREE COVENANT The applicant shall be required to record a covenant recording the replacement trees as protected trees within 30 days of planting the replacement tree in accordance �vith the City's Protected Trees Ordinance. Failure to do so may result in code enforcement and/or administrative citations. 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 inay 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 Thursday, December 1, 2011. Sincerely, Aki Honda Snelling, AI Senior Planner Planning Division 408-777-3313 akis@cu�ertino.or� Attached: Justification statement and arborist report of proposed tree removal by Richard Smith Planting plan submitted by the applicant CC: Ms. Janice Coleman, 7916 August Lane, Cupertino, CA 95014 Ms. Shagorika Dixit, 7924 August Lane, Cupertino, CA 95014 Ms. Dianne S. Sheppard, 7925 October Way, Cupertino, CA 95014 AR.BORIST REPORT SITE: 7920 August Lane Cupertino CA 95014 Uma Narnyan BY: Richard Smith, Arborist ISA WE8745A Bay Area Tree Specialists CONTACT: (408) 836-9147/ (408) 466-3469 Fax:(408)448-2�36 Web Site: www.bayareatreespecialists.com MAILING ADDRESS: 3315 San Felipe Rd. PMB# 159 San Jose, CA 95125 TREES OBSERVED ; 1. Deodora Cedar: DBH 27", heig6t 80', sQread 30'. Live crown ratio 65%. 2. Deodora Cedar: DBH 22", height 90', spread 16'. Live crown ratio 60%. 3. Deodora Cedar: DBH 25", height 85', spread 16`. Live crnwn rstio 75%. 4. Mezicsn Fan Palm: DBH 27", height 70'. Live crown ratio 30%. 5. Deodora Cedar: DBH 21", height 80', spread 25`. Live crown ratio 70%. 6. Deodora Cedar: DBH: 25", height 80', spread 30'. Live ctown ratio 70%. CONDITION OF TREES : 1. Deodorn Cedar: This tree hss a significant lean towards the residence, because it is completing for space from the adjacent trees. It appeara to be lifting the gxrage floor and walkway. Approzimately 12' from the foundation. 2. Deodora Cedar: The canopy is primarity on the west aide due to being between two large Deodora Cedars and is also leaning townrd the resideace. 3. Deadora Cedar: The top Apical mariatem is an epicormic from prior breakage, which eztends for 40 ft This tree also hss a one sided canopy due to competition from neighboring trees. 5. Deodora Cedar: This tree is between the two residences, 2 ft from the gutter of one residence snd S ft from the gatter of the neigLboring residence. There appea� to be foundation damage from the roots. 6. Deodora Cedar: The csaopy is one sided due to the close prozimity of the Cedar that is 4 ft sway. This tree is slso lifting the foundation. This tree is 4 ft Away from t6e gutter of the residence and 6 ft aw�ty from the neighboring residence. ARBORIST RECOMII�NDAT'ION : Dae to the leans of some of the Deodoras, coupled with the canopies being oae sided, it would not be feasible to remove some of the more problematic trees and leave others. Due to the fnct that any remaining trees wonld be subject to wind velocities that were previousty shielded from these trees all growing in close proaimity to one xnother. These trees are all over mature for the setting that they were planted in and are now lifting the foundation. The property slso can not be landscaped due to the evasive root systems which are snrfaced over 60% of the front yard. I recommend removal of these trees, based on Section 14.18.180 of the Cupertino City ordinances A. 1. "That these trees can canse damage to eaisting or proposed essential structnres, and canuot be controlled or remedied through ressonable relocation or mod�cation of the structure or utility services." A. 2. "That the location of the trees reetricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically eaperienced by owners of similariy Zoaed and sitnated property, and the appGcant has demonstrated to the satisfaction of the approval aut6ority that there are no reasonable alternatives to preserve t6e tree(s)." Tree replacement recommendation: According to section 14.18.185 of the Cupertino City ordinancea. Trees removed between the trunk sizes of 18- 24 inches should be replaced with two 24 inch bo= sizes or one 36 inch boz variety of tree. Since all sia of the trees recommended for remov�l fall within 18 to 24 inches the guidelin� call for a total of twelve Z4 inch boz replacements or Sis 36 inch boa replacements. Iiowever I understand tLis to be to many trees for t6e landscape xt this property. There would not be enoug6 spacing or adequate aesthetics with this number of trees. I recommend according to the amount of allowable space and landscape foresig6t, that Sia twenty-four inch boa trees be installed, or Four thirty-sia inc6 boz trees be used as s necessary reconstitution. Due to the amount of allowable space for proper growth and spacing for this parricular property, more trees than this wonld caase similar problems , that are now an issae. Richard Smith, Arbo ' ISA WE8745A August 12, 2011 /'� R� 4't� F� �T�+R F� �� L� i�i"T) ht C� �LAr�I � i.� .P� m � i��'� � �a.o � �� J � ��+�� lG �I �t�P��rr;;�o, CA `�50 ��.. � " b`�I�' � �� f� � �� h p � � �r+ }� �� - � � !� � o �' _ � � $ 4 6 7 - IYAv�'z ��.� C12�P� ��ocvc�z►N� �� o� a��N�� . d RA�ti� �ES � � »- A �;rc�v�� - m�N � ��S 1 / I :�' �.t — - ��5 FT a � +r h v � � _ � c �. F�n �N , , �v �s � . � . 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