TR-2002-03b
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CITY OF
CUipElQ"lNO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777 -330S
FAX (408) 777-3333
Community Development Department
January 14, 2003
Ms. Patricia Cooper
1320 Payette Court
San Jose, CA 95129
SUBJECT: PLANNING COMMISSION ACTION LETTER - TR-2002-03
This letter confirms the decision of the Planning Commission, given at the meeting on
January 13,20031 approving a Tree Removal permit to remove one Coulter Pine and
three Mexican Fan Palms located at the Cupertino de Oro Club, 20441 Homestead Road,
according to Planning Commission Resolution No. 6171.
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.
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Colin )u:{ ([
Senior Planner
g:jplanninglpos t hearin g/actionletterTR - 2002 -03
Printed on Recycled Paper
TR-2002-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6171
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
THE REMOVAL OF ONE COULTER PINE AND THREE MEXICAN FAN PALMS
LOCATED AT THE DE ORO CLUB OF CUPERTINO, 20441 HOMESTEAD ROAD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for tree removal, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1.) The proposed action, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be
detrimental to public health, safety, general welfare, or convenience;
2.) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application TR-2002-03 is hereby approved as revised and
subject to the conditions which are enumerated in this Resolution beginning on Page 2
thereof; 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-2002-03, as set forth in the Minutes of the Planning Commission
Meeting of January 13, 2002 are incorporated by reference though fully set forth herein.
Resolution No. 6171
Page 2
TR-2002-03
01/13/03
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SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
TR-2002-03
De Oro Club of Cupertino (Patricia Cooper)
De Oro Club of Cupertino
20441 Homestead Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1.) APPROVED EXHIBITS:
The recommendation of approval is based on exhibits labeled Exhibit A: Tree
Location Map; Exhibit B: Condition Report for De Oro Club of Cupertino; Exhibits D
through G showing trees #1 through #9 and improvement damage, except as may
be amended by the Conditions contained in this Resolution.
2.) TREES APPROVED FOR REMOVAL
The following trees are approved for removal as depicted in Exhibit A:
Tree #5: 29" Coulter Pine
Trees #7, #8 & #9: 3-12" Mexican Fan Palms
3.) TREE MONITORING AND REPORT
a) If Tree #6 (Tanbark Oak) continues to decline in health, or an ISA-certified
arborist reports in writing that the tree is in a state of irreversible decline, the
Director of Community Development may authorize its removal.
4.) TREE REPLANTING PLAN
The applicant shall return within three months from the date of this approval to
submit a tree replanting/landscape plan for Design Review Committee approval.
5.) 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 aU of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
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OPAT8 EZUY ""G ON
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GARY F. ARMSTRONG
GENE K PEGLOW
MIGUEL A 8ERUMEN
JAMES M. McCLENAHAN
DAVID F. MOORE
JOHNHMcCLENAHAN
S.P. McCLENAHAN CO., INC.
ARBORICULTURISTS
SINCE 1911
CONTRACTORS LIC. #651341
#1 ARA5TRADERO ROAD, PORTOLA VALLEY, CA 94028
TELEPHONE (650) 326-8781
FAX (650) 854-1267
October 18, 2002
Mrs. Patricia A. Cooper
1320 Payette Court
San Jose, CA 95129
RE: De Oro Club of Cupertino
20441 Homestead Road
Cupertino, California
Assianment
As requested, I inspected 5 trees to determine condition.
Backaround
De Oro Club of Cupertino is very concerned with public safety, sidewalk damage,
parking lot damage and chronic sewer line damage related to four trees at the
front of property.
Summary
Tree #1 is clearly damaging the existing asphalt driveway, and lifting the
sidewalk. Recent sidewalk, sewer and PG&E repairs likely damaged tree roots
on tree #2 and 4. It is difficult to determine the extent of root damage to these 3
trees. The root crown of tree #4 is growing into the asphalt and causing damage.
Eventually the incompatibility will cause problems for tree health and continued
damage to adjacent asphalt. Tree #5 is in a state of irreversible decline,
therefore, I recommend removal.
The property owner has significant concern that the potentially weak root system
of tree #1 and 2 create hazard potential. The degree of root damage on trees #1
and 2 is unknown. Therefore, it is difficult to assess the risk of tree failure caused
by a compromised root system. However, should tree failure occur, Homestead
Road, sidewalk, parking lot and historical building serve as potential targets. Tree
removal is the only way to eliminate potential risk associated with the 2 Pine
trees. Neither tree creates an eminent hazard at this time.
Mrs. Patricia A. Cooper
Page 2
October 18, 2002
MethodoloQV
No root crown exploration or plant tissue analysis was performed as part of this
survey.
In determining Tree Condition several factors have been considered which
include:
Rate of growth over several seasons;
Structural decays or weaknesses;
Presence of disease or insects; and
Life expectancy.
The following guide for interpretation of Tree Condition as related to Life
Expectancy is submitted for your information.
0 - 5 Years = Poor
5 -10 Years = Poor to Fair
10 -15 Years = Fair
15 - 20 Years = Fair to Good
20 + Years = Good
Tree Description/Observation
#1: Torrey pine (Pinus torreyana)
42.1" DSH (diameter standard heigh.t)
Height: 50' Spread: 45'
Condition: Fair
Location: Planter area between drive and sidewalk at city easement
Observation:
Foliage is typical of the species and indicates normal tree vitality. Tree grows to a
slight southeasterly lean towards Homestead Road.. Cavity at low trunk extends
to h.eight of 4 feet. Roots are damaging sidewalk and drive. Degree of root
damage from previous sidewalk repairs is unknown.
Mrs. Patricia A. Cooper
Page 3
October 18, 2002
#2: Torrey pine
35.7" DSH
Height: 45' Spread: 40'
Condition : Fair
Location: Planter at city easement
Observation:
Foliage is typical of the species and indicates normal tree vitality. Tree has very
slight northerly lean. Recent sidewalk repairs occurred in the last 5 years. Sewer
line trench in las year required root pruning. Two years ago PG&E trenching
occurred 4 feet from north side of trunk to beyond dripline. Unfortunately, the
"degree of root damage is unknown.
#3: Coast live oak (Quercus agrifolia)
14.1"DSH
Height: 25' Spread: 25'
Condition: Good
Location: Planter, 1 foot from asphalt
Observation:
Foliage is typical of the species and indicates normal tree vitality. Curvature of
main stem appears insignificant at this time. Potential root damage occurred
during sewer line trenching. Numerous old pruning wounds along low trunk
exhibit varied degrees of callus closure. I anticipate future damage to asphalt
from tree roots.
#4: Coast live oak
17.7" DSH
Height: 30' Spread: 25'
Condition: Fair to Good
Location: Adjacent to drive
Observation:
Foliage is typical of the species and indicates normal tree vitality. Bifurcations at
7 and 12 feet provide an inherent structural defect. Small cavities from old
wounds on main trunk were observed. No room remains for root crown
expansion on west side, as it is touching/lifting asphalt. Sewer trench and repairs
occurred 8 feet to the east side of trunk.
Mrs. Patricia A. Cooper
Page 4
October 18, 2002
#5: Coulter pine (Pinus coulteri)
29.2" DSH
Height: 45' Spread: 35'
Condition: Poorllrreversible decline
Location: Northwest corner of lot
Observation:
Tree is bark beetle positive and irreversible decline. I recommend tree removal.
We thank you for this opportunity to be of service.
Should you have any questions, or if we may be of further assistance in these
concerns, kindly contact our office at any time.
Very truly yours,
s. P. MCffLft 1/11:'[-
By: John H. McClenahan, Vice President
member, American Society of Consulting Arborists
Certified Arborist, WC-ISA #1476
JHMc: pm
cc: Mr. Colin Jung
Senior Planner
City of Cupertino
10300 Torre Avenue
Cupertino. CA 95014-3255
ARBORIST DISCLOSURE STATEMENT
Arborists are tree specialists who use their education, knowledge, training
and experience to examine trees, recommend measures to enhance the beauty
and health of trees, and attempt to reduce the risk of living near trees. Clients
may choose to accept or disregard the recommendations of the arborist, or seek
additional advice.
Arborists cannot detect every condition that could possibly lead to the
structural failure of a tree. Trees are living organisms that fail in ways we do not
fully understand. Conditions are often hidden within trees and below ground.
Arborists cannot guarantee that a tree will be healthy or safe under all
circumstances, or for a specified period of time. Likewise, remedial treatments,
like a medicine" cannot be guaranteed.
Treatment, pruning, and removal of trees may involve considerations
beyond the scope of the arborist's services such as property boundaries,
property ownership, site lines, disputes between neighbors, landlord-tenant
matters, etc. Arborists cannot take such issues into account unless complete
and accurate information is given to the arborist. The person hiring the arborist
accepts full responsibility for authorizing the recommended treatment or remedial
measures.
Trees can be managed, but they cannot be controlled. To live near a tree is to
accept some degree of risk. The only way to eliminate all risks is to eliminate all
trees.
Arborist:
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John H. McClenahan
Date:
October 18, 2002