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TR-2012-33b 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•planning�a cupertino.org October 4, 2012 Huiyu Feng 817 Cottonwood Drive Cupertino, Ca 95014 SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2012-33 This letter confirms the decision of the Director of Community Development, given on October 4, 2012, approving a tree removal permit to allow the removal and replacement of a 20" Coast Live Oak tree in the front yard of a residence due to structural property damage at 817 Cottonwood Drive. The application is approved with the following conditions: 1. APPROVED PROTECT This approval is based on the arborist report prepared by West Valley Arborists (Simon Tunnicliffe #WE-7505A), dated June 25, 2012, and by an arborist's peer review performed by Consulting Arborist Michael Bench (WE-1897), except as may be amended by conditions in this resolution. 2. TREE REPLACEMENT The Director of Community Development has determined that accommodating additional trees on the property would not be feasible and therefore a tree in-lieu fee would be required. The cost to procure, install, and replace two trees is approximately $700.00, of which the applicant has paid on September 14, 2012, in accordance with the City's Protected Tree Ordinance. 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 Friday, October 19, 2012. Sincerely, George Schroeder Assistant Planner (408) 777-7601 �eorges@cupertino.org enc: Arborist report Site Plan � � 12�*st 1?alle o1rl�o�r ists Urban Tree Specialist I.S.A CERTIFIED ARBORIST WE-7505A Licensed •Bonded •Insured June 25, 2012 �:: : . . ,�''��L ��'�.��'I�1—.�}L_ F',` . _...�+di ,`t..,<�,�f3T G �� Re: Arborist Repost .-� .. ,.. � _ � �. :_.r...�.�M,,.,..e :�. Property: Ms. Huiyu Feng - . � ` �y 817 Cottonwood Dr. Cupertino, CA 95014 To Whom It May Concern: At the request of the Owner, a site visit was made to the above address to evaluate a Coastal Live Oak (Q. Agrifolia). FINDINGS: The circumference of this tree is 64 in.at 4-Sft. D.B.H. The height is 30ft.with a crown spread of 25 ft. As viewed, this is a normal urban specimen in good health. The problem, as viewed is the damage the roots have done to the hardscape (cement uplifting and cracking) and more important the structural damage done to the house. Please refer to the photos provided. The proximity of this tree to the footprint of the home is approximateiy 6ft. and this is certainly insufficient for a tree of such eventual size as(Q. Agrifolia. Cutting the roots is not an option as this would de- stabalize the tree being as the actual buttress roots would have to be cut. This would most certainly create an unacceptable increase in failure potential especially during periods of high wind and associated shock-loading that comes with the storm surges. RECC4MENDATIONS: As no mitigations measures will ensure correction of the problem without creating severe de- stabalization of the root anchorage. Removal, pending the permit process is a reasonable option If you have any questions please feel free to contact our office. Sincerely, i" r .,�"�� ; ;r� '',. ,� r� �__� ._. -- . Simon J. Tunnicliffe, Owner Operator ISA Certified Arborist WE-7505A PO Box 162 • Campbell, CA 95009 � 408-866-1148 � CSL#892956 f nr:411 S i�rrr Arhuric�ir'tr�r<rl Nc�cc�s� George Schroeder Subject: FW: E-mail Arborist Review for 817 Cottonwood Dr _ _ From: Michael Bench [mailto:michaelbenchCa�sbcglobal.net] Sent: Monday, September 10, 2012 5:01 PM To: George Schroeder Subject: RE: E-mail Arborist Review for 817 Cottonwood Dr George, I think we should thank Mr. Feng for his willingness to perform the excavation. I know it is tedious, difficult work when done by hand. In my opinion, this is sufficient indication that roots from this tree are in fact damaging or soon will be damaging the foundation. With this information, I recommend to approve his request to remove the tree. Best regards, Mick �..`." . .. .. ',P��5,d .A,..�a.........-�-.,�Ll/.✓C— '�� Michael L. Bench, Consulting Arborist - �' '''''�- _�-�� michaelbench(a7sbcglobal.net _, . �� `�1-%� 831-594-5151(cell) �� 831-663-0363 (fax) 7327 Langley Canyon Road ```�-� � � Prunedale, CA 93907 1 George Schroeder Subject: FW: E-mail Arborist Review for 817 Cottonwood Dr From: Michael Bench [mailto:michaelbench@sbcglobal.net] Sent: Thursday, August 23, 2012 11:22 AM To: George Schroeder Subject: Re: E-mail Arborist Review for 817 Cottonwood Dr Simon, I have reviewed the request by Ms. Feng to remove the 20 inch diameter coast live oak (Quercus agrifolia). I have reviewed the photos provided. It appears clear that the roots from this tree have raised the entry concrete pathway. However, there is no clear evidence that the roots from this tree have caused the damage to the house. Cracks in concrete do occur naturally as a result of shrinkage. Cracks in the dry wall occur as a result of natural settling, as a result of poor construction, as a result of ea�thquakes, but rarely by trees, even at a distance of 6 feet from the foundation. Also, I could see no cracks in the footing, but only in the concrete porch, which does not appear to be lifted. I suggest to remove several of the Agapantha plants, located between the trunk of the tree and the concrete porch. If done carefully, the Agapanthas should all survive. They could be replanted. With the Agapanthas removed, excavate the soil befinreen the porch and the trunk of the tree, using a water jet tool and hand tools or using an Air Spade ( a specialized tool, used by professionals). This excavation must expose the buttress roots. If a large buttress root is discovered in line with the crack in the porch and appears that it may be lifting the footing, which would be exceedingly rare even at this distance, then I would agree to remove the tree. However, at this point, the conclusion by Mr. Simon Tunnicliffe is only an assumption. On several projects in this area, I have had excavations done using an Air Spade within 5-6 feet of the trunks of coast live oak (Q. agrifolia) expecting to find large roots, but to my surprise, I did not find large roots, but only small roots approximately the size of my pencil. I have also done excavations, in which I found roots larger than expected. I have seen coast live oak (Q. agrifolia) trees within 1-2 feet of a foundation, in which the root mass conformed the the footing causing no damage to the foundation. I have seen others that did cause damage to the foundation, but the assumption that damage has been done based on distance alone is not always the case. Although coast live oak can cause infrastructure damage, it is not commonly known for such damage compared to several other species, which are known for their aggressive roots. I realize that this excavation would be an additional expense. Mick Michael L. 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