TR-2003-02b
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
CITY OF
CU!PE~INO
March 12, 2003
Ms. Gillian Rutter
10280 Pharlap Drive
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2003-02
This letter confirms the decision of the Planning Commission, given at the meeting on
March 10, 2003, approving a request to remove two coast live oak trees (Nos. 1 & 5) and
replace them with two 24-inch box coast live oak trees, and denying, a request to
remove two other coast live oak tress (Nos. 3 & 4), located'lt 10280 Pharlap Drive,
according to Planning Commission Resolution No. 6176.
Please note that an appeal of this decision can be made within 14 calendar days. If this
happens, you will be notified of a public hearing that will be scheduled before the City
Council.
Sincerely,
(1th
Colin Jung
Senior Planner
g :/planning/post hearing/actionletterTR - 2003-02
1
Printed on Recycled Paper
TR-2003-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6176
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
REQUEST TO REMOVE TWO COAST LIVE OAK TREES (NOS. 1 & 5) AND REPLACE
THEM WITH TWO 24-INCH BOX COAST LIVE OAK TREES, AND DENYING A
REQUEST TO REMOVE TWO OTHER COAST LIVE OAK TREES (NOS. 3 & 4)
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TR-2003-02
Gillian Rutter
10280 Phar Lap Drive
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to remove four Coast Live Oak trees and replace it with other trees, as described in this
Resolution; and
WHEREAS, the applicant has met the burden of proof required to support removal of
two of the trees and has satisfied the following requirements:
1) The oak trees, due to structural damage and poor health, are unsuitable for
retention.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application for Tree Removal is hereby approved as modified;
and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application TR-2003-02, as set forth in the Minutes of the Planning Commission
Meeting of March 10,2003 are incorporated by reference herein.
Resolution No. 6176
Page 2
TR-2003-02
03/10/03
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
Two Coast Live Oak trees, noted as Trees No.1 & 5 on the undated Arborist Report
and Tree Locator Map prepared by Bill's Tree Care & Landscape, Inc. for Mrs.
Rutter, 10280 Pharlap Drive, Cupertino, CA 95014. Two Coast Live Oak, 24-inch
box trees shall be planted as replacements, in the front setback area along Phar Lap
Drive.
2. OAK TREES TO BE RETAINED
The request to remove Coast Live Oaks, trees nos. 3 & 4, is hereby denied. These
oaks are described in an undated Arborist Report and Tree Locator Map prepared by
Bill's Tree Care & Landscape, Inc. for Mrs. Rutter, 10280 Pharlap Drive, Cupertino,
CA 95014.
PASSED AND ADOPTED this 10th day of March 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Corr, Saadati,W ong and Chairperson Corr
COMMISSIONERS: Miller
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
f sf Steve Piasecki
Steve Piasecki
Director of Community Development
f s f Angela Chen
Angela Chen, Chairperson
Cupertino Planning Commission
G :Plam ring/PdrcportjRes/TR ~ 2003-02 res. doc
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Exhibit: B
I .. 111II biII'l,?tI 1$ raL'IIIWI
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BILL'S TREE CARE & LANDSCAPE, INC.
Certified ,Il,rborist · licensed. fnslIree
P,O, B<iX 24950
San JOSE!, CA 9S 154.4950
(408) 448.3956 " (650) 941,8200
~'dt. (408) 559-7221 . www.biHstreecare.net
ABORlS.I..REf,ORI'
Clit'llt
:\'s Rutter
l,:!~ljn Pharlap Dr
ell p!::"tino, CA 95014
4(l8.253.8077 Home,
4lf8-?57<3288 FA.X
Obj ('Clive
To '. sped and evaluate all Oak trees on the property mentioned above inspect root,
'f':>TT: \t!Ol1 and establishrnent, trunk stabdi,ty and ,limb structure
~ U III ber of trees
Ft\ t:.' 5.l
Sp,~cje:s of tn>.e;<;
Qllcr:u.i agnfolia (Coast L\ve Oak)
LOC,ltion 0(1 property
1\\\,1 (2) :lJi East enc! ()fthe house in the sideyal'd
TWI' 12) Nt:lr1h end nf the house \:1 the tl'ontyard
On:~ II) @ West end ot' property in the sidcyard b~~hind pool
Tff{' # I
Species: Quercus agrif()I!a (Coast Live Oak)
DBI. 14"
LD:'atlon East end of property, behind side gate
Th;c tree is extremely tm,;ourid Due to an known reason this tree was topped severely to
an!' ;,l\imately 1 i)", One iateral growing timb was left in an attempt to try and savage
ilk ': the tree, l!1trcmT visible signs ,of extensive decay, and wood rot as a result of the
po 1- pnJningjob ("he entire Heels dTectecL This tree is in very poor health and
Stl~k .urally un:;ound, I n:eominelld complete removal of this tree to ground leve1in order
to T ')Id a hazardo',lssit~..umon and prevent any propei1Y damage that may be caused by
Illll ~~ Jr tree fad un:
TIN' #2'
Spt~~'1CS. QuercusagnffJlia (Coast Live Oak)
DBI-! 20".25"
LC',.:;!1 'on East end oFpfoperty. behind gat~. clos.e to house
Thi3 tree appears lObe In good shape and one ofthc nicer trees on the propeI1y,
;\1~+,)lIgh the crovv'nhas ht~en excessively raised, it has good branching and balance,
N(',ork is recomnH:lld Ihis tree ,H this time Reevaluate on a veal' to year basis.
Tn'f #3
Species Quercusagrit(1iia (Coast Live Oak)
DI3 -I Co-Dommme '20'&2 i"
IJh?tion Nonhi.~nd of property in front of deck
]0 Standard-
Thr: 20" standard is gro\vingparaHel to the ground, it extends out about 20' and is as Imv
RS :)' to the ground/drj"'t~way surHlce. This tree has repeatedly been headed back and
crc,vn reductchn an at! empuo reduce the hazard. Flush cuts Wf~re made \vhich exposed
th~::ambium layerinsJde thetmck of the tree rtsultingin rhespread of decay along the
pa:~ nr stem About5'from ground level a large tlushcut resulted in heavy decay which
ha, x~gan to eat a\vnya! the heflrtwood.
21" Slandard-
Tk, l't~lnalnderoC thi,s tree is grmvn completely out over [he pool and f).om fence It is
wir.g,almost parallel tnthegound There are no limbs originating or growing to\vard
tlk house, It eX1endsmn about25', The tree has beer; headed back in an attempt to
n;iJ::.::e the \\eighr. ho\Vi:~\er. the lean this tree has developed is unstable and could cause a
naz; rd
Thi~ entire tre~~ is S!rUCluralJy \,H1Slflblc and is a threat to fai!\~ompletely and coliapse
ca.;~ing a signitk<lm arnOl.Jnt ofproperty damage, 1 recol'!1lT1endcornplete removal with
stdmp grinding,
Spei:ies Quercl.IsagriliJlia tCoast Live Oak)
Tn',~ #4
013 H 2 1 "
LOC;lrion: Nonn end of property in front of deck
Tr,i ~ tree has mu.ch of tim same growing characteristics as tree #3 with the ex.ception that
lS ,) :iH1gle trunk tree '!ts I:> growing completdylopsided out over the pool. The same
pnning history is apparent, It is also extremely hazardous and poses a falling threat which
agOi.:11 would cause a. signiticant amount of property damage. I recommend complete
COtlD]ete removal of this tH~e with stump grinding.
Trt't. #5
Spec ies' Quercus agrif()lia (Coast Live O~lk)
DBlL 24"
Lo(,;,t:ion West end of property behind pool
Th!'" tree has a \~ery targe~avity the is a result of an old Hush cut. The heartwood is near
completely gone IIp the il'tlck andbelowground level into the root system, Root i'ot is
visib e. This tree isgrowil1g completely on west side over neighbors property and is
unb~!ianced and hazardous The decay and wood rot has completely destroyed the
stru.'ture and stability of this tree, Limb fililure and/ortree collapse is inevitable I
reccrnmend complete rernovalofrhis tree to grade.
A1\\ removal approv~dshouldbe replanted with] 24" Box Quercus agrifolia (Coast Live
Or: k I per removal on theIr property in a location where they will be able to grow treely,
The front of the propert\' \vherethe gravel i<; located vilQuld be a good location as it is
~l\\:;\ from the house, stred, poles arId other obstructions
Ag:::in 1 would llke to emphasize the hazardous nature of these trees. 1 fear that if they are
leff : '1 thislocationthey wi!! eventually cause serious problems. Properly damage,
per~()nal i~ury or death to name a few.resu!ts of limb ilnd/or tree failure,
/f.!!/IIl~
Bill Reulman Jr
Ccnitled Arhonst,